PPI Reclaiming discussion Part II

di3004

http://www.opsi.gov.uk/si/si2004/uksi_20041483_en.pdf

Not sure if this is any help to anyone.;)

marshallka

di3004 wrote: »

http://www.opsi.gov.uk/si/si2004/uksi_20041483_en.pdf

Not sure if this is any help to anyone.;)

Di, you could get them for unfair rebate as your loans were unregulated (ie over 25K) and you should not have had rule 78 (pre 2005 agreements) used on you.
http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft192v2.pdf

I posted this when you first came on the site. Its about non status lending and unregulated agreements. If you look at section 57 early redemption it may help you. I don't know if you had a non status loan. (ie it was one that you could not get on the high street) but rule 78 was asked not to be used with early settlement and if they used it on settlement then this could be challenged under "unfair terms in consumer contracts regulations".

Take a look Di and see whether you think that rule 78 was applied to you.

di3004

marshallka wrote: »

Di, you could get them for unfair rebate as your loans were unregulated (ie over 25K) and you should not have had rule 78 (pre 2005 agreements) used on you.
http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft192v2.pdf

I posted this when you first came on the site. Its about non status lending and unregulated agreements. If you look at section 57 early redemption it may help you. I don't know if you had a non status loan. (ie it was one that you could not get on the high street) but rule 78 was asked not to be used with early settlement and if they used it on settlement then this could be challenged under "unfair terms in consumer contracts regulations".

Take a look Di and see whether you think that rule 78 was applied to you.

Thank hun.;)
According to the agreement they have 'Regulated agreement', the loan was that of £21,000 and the ppi was £2835.00
But added as a total loan amount = £23835.00

Taken out in July 2004 for 300mths but paid off 14/15 mths after taking this out.
Settled in October 2005 at a figure of £23646.04, a rebate of £1,533 was deducted to make that the settlement amount as stated.

Yet a total of £26,564.18 according to the SAR paperwork was paid in that agreement altogether..... .

On the settlement paperwork the information is:
The settlement date used in calculation of the rebate is 30th November 2005. It has been calculated in accordance with Regulation 3 of the Consumer Credit (settlement information) regulations 1983.

The amount of the insurance rebate has been calculated having regard to the consumer credit (rebate on early settlement) regulations 1983.

Can you make anything of this hun ?;)

Thx.

marshallka

di3004 wrote: »

Thank hun.;)
According to the agreement they have 'Regulated agreement', the loan was that of £21,000 and the ppi was £2835.00
But added as a total loan amount = £23835.00

Taken out in July 2004 for 300mths but paid off 14/15 mths after taking this out.
Settled in October 2005 at a figure of £23646.04, a rebate of £1,533 was deducted to make that the settlement amount as stated.

Yet a total of £26,564.18 according to the SAR paperwork was paid in that agreement altogether..... .

On the settlement paperwork the information is:
The settlement date used in calculation of the rebate is 30th November 2005. It has been calculated in accordance with Regulation 3 of the Consumer Credit (settlement information) regulations 1983.

The amount of the insurance rebate has been calculated having regard to the consumer credit (rebate on early settlement) regulations 1983.

Can you make anything of this hun ?;)

Thx.

I'm sorry Di, i thought yours was over 25K. I am still going to go to Firstplus about the settlement on mine when i have constructed another letter as i am not happy with this at all. My argument was that they were non staus lenders (they lent up 125% of the value of the property ) and we could not of got that loan on the high street. I am going to get some legal advise on this as i did complain to FOS about it and they were going to investigate it ( i was even assigned an adjudicator) and then a few days later they wrote and said that it was outside their jurisdiction. It really annoyed me as i was told that they would look into this and they even contacted Firstplus but as i say 3 days after being assigned an adjudicator they wrote and said that they could not investigate. I really think from a time that i telephoned FOS that they WANTED to help (I had written pages and pages of my problems) and they did say that it would be FIRSTPLUS that may say that they had no right to look into this so i think that that happened. I think they did really try. I am definately going to follow this up but as its school hols now we are visiting family at weekend and then i will be onto it. I will get around to it but Freedom Finance and Bespoke Finance are my priorities at the moment.

marshallka

Just had this reply for another complaint i made on Firstplus Freedom Finance/Bespoke Finance some weeks ago to the FOS. It was not about the sale of the insurance but about a conspiracy and misleading on a loan contract. I have been given a ref number to refer to. I will ring them next week and see what the crack is.

[SIZE=+0]You are correct in stating that the sale of the original PPI in January 2000 would be out of our jurisdiction.[/SIZE]


We cannot investigate a complaint until the firm has had an opportunity to put things right. The procedure is explained fully on our website [[URL="http://www.financial-ombudsman.org.uk]"]www.financial-ombudsman.org.uk][/URL]. The website also provides our complaint form, which can be completed and then despatched by post. If you want details (or the form) by post, you will need to confirm your address.

Unless you have already done so, you should therefore inform the firm of your contact with this office and ask that your complaint to be put through its internal complaints procedure and resolved or a final decision letter issued. The firm is expected to complete this procedure within 8 weeks of the date the complaint was first lodged.

I should add that we need a form endorsed with your original signature if we are to submit details of your complaint to the firm. We also need a signed form when a final decision letter is submitted to this office, or if you wish to report that the firm’s time limit has been exceeded.

If you have not already done so, we can give the firm details of your complaint, if you provide us with a completed complaint form. Alternatively, you can provide us with the necessary details on the telephone.

We cannot comment on the merits of your complaint at this stage, we are not an advisory body.

Please quote the following reference at all times:

I will now wait until end of this week and then get back to them.I just outlined the fact that i had not heard of Bespoke Finance until being told by FIrstplus that i had used them as a broker. I have then told them that my complaint is about misleading info etc. I now think that they want me to send them letters with "Final Response" on and then they may look into this. I have made it against Firstplus, Freedom and Bespoke and maybe a conspiracy like tiggrae told me write. Like i say, i will give it till the end of the week and then i am away at the weekend but by next week i will know if i am happy or not. If i am not happy then i shall let everyone know. Believe me.:D

di3004

marshallka wrote: »

I'm sorry Di, i thought yours was over 25K. I am still going to go to Firstplus about the settlement on mine when i have constructed another letter as i am not happy with this at all. My argument was that they were non staus lenders (they lent up 125% of the value of the property ) and we could not of got that loan on the high street. I am going to get some legal advise on this as i did complain to FOS about it and they were going to investigate it ( i was even assigned an adjudicator) and then a few days later they wrote and said that it was outside their jurisdiction. It really annoyed me as i was told that they would look into this and they even contacted Firstplus but as i say 3 days after being assigned an adjudicator they wrote and said that they could not investigate. I really think from a time that i telephoned FOS that they WANTED to help (I had written pages and pages of my problems) and they did say that it would be FIRSTPLUS that may say that they had no right to look into this so i think that that happened. I think they did really try. I am definately going to follow this up but as its school hols now we are visiting family at weekend and then i will be onto it. I will get around to it but Freedom Finance and Bespoke Finance are my priorities at the moment.

No problem hun;) , do ya think I could still try to complain on unfair rebate even if regulated ?

That is very disheartening for you about First Plus and the FOS !
Shame that, and yes I know what you mean, get the priority claims sorted first, I will have more to get sorted but do need to sort out this Click/Endeavour one out of the way, maybe if Click had not dissolved it may have been a little easier - I don't know....... . Just so happy to get the letter done with though with Click, if that don't work then it will be forwarded to HFC, maybe I should not wait to send to these because the FOS consumer consultant did say it may be worth me trying with both HFC and HSBC, if no other way round it first.... .

Laini

marshallka wrote: »

Just had this reply for another complaint i made on Freedom Finance/Bespoke Finance some weeks ago to the FOS

We cannot investigate a complaint until the firm has had an opportunity to put things right. The procedure is explained fully on our website [www.financial-ombudsman.org.uk]. The website also provides our complaint form, which can be completed and then despatched by post. If you want details (or the form) by post, you will need to confirm your address.

Unless you have already done so, you should therefore inform the firm of your contact with this office and ask that your complaint to be put through its internal complaints procedure and resolved or a final decision letter issued. The firm is expected to complete this procedure within 8 weeks of the date the complaint was first lodged.

I should add that we need a form endorsed with your original signature if we are to submit details of your complaint to the firm. We also need a signed form when a final decision letter is submitted to this office, or if you wish to report that the firm’s time limit has been exceeded.

If you have not already done so, we can give the firm details of your complaint, if you provide us with a completed complaint form. Alternatively, you can provide us with the necessary details on the telephone.

We cannot comment on the merits of your complaint at this stage, we are not an advisory body.

Please quote the following reference at all times:

I will now wait until end of this week and then get back to them.I just outlined the fact that i had not heard of Bespoke Finance until being told by FIrstplus that i had used them as a broker. I have then told them that my complaint is about misleading info etc. I now think that they want me to send them letters with "Final Response" on and then they may look into this. I have made it against Firstplus, Freedom and Bespoke and maybe a conspiracy like tiggrae told me write. Like i say, i will give it till the end of the week and then i am away at the weekend but by next week i will know if i am happy or not. If i am not happy then i shall let everyone know. Believe me.:D

good luck
hope you hear some good news soon
tc
laini:j:j

di3004

marshallka wrote: »

Just had this reply for another complaint i made on Freedom Finance/Bespoke Finance some weeks ago to the FOS. It was not about the sale of the insurance but about a conspiracy and misleading on a loan contract. I have been given a ref number to refer to. I will ring them next week and see what the crack is.

[SIZE=+0]You are correct in stating that the sale of the original PPI in January 2000 would be out of our jurisdiction.[/SIZE]


We cannot investigate a complaint until the firm has had an opportunity to put things right. The procedure is explained fully on our website [[URL="http://www.financial-ombudsman.org.uk]"]www.financial-ombudsman.org.uk][/URL]. The website also provides our complaint form, which can be completed and then despatched by post. If you want details (or the form) by post, you will need to confirm your address.

Unless you have already done so, you should therefore inform the firm of your contact with this office and ask that your complaint to be put through its internal complaints procedure and resolved or a final decision letter issued. The firm is expected to complete this procedure within 8 weeks of the date the complaint was first lodged.

I should add that we need a form endorsed with your original signature if we are to submit details of your complaint to the firm. We also need a signed form when a final decision letter is submitted to this office, or if you wish to report that the firm’s time limit has been exceeded.

If you have not already done so, we can give the firm details of your complaint, if you provide us with a completed complaint form. Alternatively, you can provide us with the necessary details on the telephone.

We cannot comment on the merits of your complaint at this stage, we are not an advisory body.

Please quote the following reference at all times:

I will now wait until end of this week and then get back to them.I just outlined the fact that i had not heard of Bespoke Finance until being told by FIrstplus that i had used them as a broker. I have then told them that my complaint is about misleading info etc. I now think that they want me to send them letters with "Final Response" on and then they may look into this. I have made it against Firstplus, Freedom and Bespoke and maybe a conspiracy like tiggrae told me write. Like i say, i will give it till the end of the week and then i am away at the weekend but by next week i will know if i am happy or not. If i am not happy then i shall let everyone know. Believe me.:D

Oh dear........:rolleyes: , I do hope you hear and that's its good news...:D .
You can rant and rave as much as you want to hun, we're all here for you;) , but lets hope it doesn't come to that....:D .

marshallka

Probably outside their jurisdiction but certainly worth another phone call. They do try to help. I think they know these companies and want to help but their hands are somewhat tied so to say.

Laini

marshallka wrote: »

Probably outside their jurisdiction but certainly worth another phone call. They do try to help. I think they know these companies and want to help but their hands are somewhat tied so to say.

morning
its not a nice day weatherwise
going to crack on with job applications and still looking for a car.
No news yet from FOS on Nemo
hope you hear something today Marshallka