PPI Reclaiming discussion Part II

sarahc5388

I have just phoned the FOS regards Barclays being nearly 11 weeks and providing no final response and them stating that they don't know how long it will take. They have noted all the details and given a ref number and are sending me part pre-filled paperwork out to complete and return to them - should I now phone Barclays and inform them that I have lodged the complaint? cheers all - nice to see you back MColak

roctw

m.colak wrote: »

My understanding of the law is that if you can prove that the additional of the PPI contributed to the fact of you being in debt then yes you can fight the case saying that the PPI wasn't in your best interests and the company therefore didn't have your best interests at heart. This goes against the consumer credit act. However you will be only intitled to reclaim the amount of PPI & Interest that you paid upto the point of starting an IVA (Unless its a front loaded policy). The other good news is that the remaining amount (provided it wasn't front loaded) should then be deducted from the outstanding balance of the loan and therefore the remaining amount for which you were defaulted should be reduced.

However (and this is a warning) a IVA is an agreement between yourself and a creditor and therefore they might take offense at the attempt of you reclaiming monies from them or reducing your debt this way and may point this as a breach of the IVA and therefore attempt to recouperate the cost by negating the IVA which you had previously with them. In all case's of IVA's i would heartly recommend going via the FOS so as the whole episode is out in the open and the comapny can't attempt any dirty underhanded tricks.

If by front loaded you mean the insurance was added to the loan - then yes it was.

More and more I read about this and look at the paperwork I am mad and upset that I was not told about this by the sales person. I know I have to accept some of this but they didn't care at all about my interests.

The IVA is completed and has been for nearly 3 years so could it still be classed as a breach, would I have to reopen my IVA? As far as I was aware becuase it had been closed the debt was satisified.

In any case is best to go straight to FOS rather than direct to HFC? Is it okay to do this? I don't want to be seen as underhand I've only just realised this and had I know about this would have raised whilst in my IVA. Is there a link on advice on how to complain to FOS?

Thanks for the advice

marshallka

sarahc5388 wrote: »

I have just phoned the FOS regards Barclays being nearly 11 weeks and providing no final response and them stating that they don't know how long it will take. They have noted all the details and given a ref number and are sending me part pre-filled paperwork out to complete and return to them - should I now phone Barclays and inform them that I have lodged the complaint? cheers all - nice to see you back MColak

I would, might shift their asses

sarahc5388

marshallka wrote: »

I would, might shift their asses

Cheers mate - have just phoned Barclays and informed them - she said she would inform the case team that are dealing with my complaint - how long do you reckon before I hear something from them - which will come first - paperwork from FOS or letter from bank - place your bets everyone........................

catinthehat1

Just recieved second letter form First Plus, they wont budge, they believe that we were made aware of PPI - so going to send form to FOS today :mad:

marshallka

sarahc5388 wrote: »

Cheers mate - have just phoned Barclays and informed them - she said she would inform the case team that are dealing with my complaint - how long do you reckon before I hear something from them - which will come first - paperwork from FOS or letter from bank - place your bets everyone........................

Did they say someone would be in touch with you? Did you say that you had given them long enough?

I would say Barclays will be in touch first but probably just to make it look good that they have followed the book. FOS has a big backlog so pobably best to keep on at barclays in the meantime as well. I would do:D

marshallka

catinthehat1 wrote: »

Just recieved second letter form First Plus, they wont budge, they believe that we were made aware of PPI - so going to send form to FOS today :mad:

What was the date of the loan/ppi.???
Have you checked its within their jurisdiction. Firstplus came under the FSA 14th January, 2005 if thats any help.

Just looked back at your posts and looks like yours was taken out in 2004 so would be outside the FOS jurisdiction as they were not members of GISC and also not regulated by the FSA until Jan 2005. You can ring FOS and ask but i am pretty sure about this.

sarahc5388

marshallka wrote: »

Did they say someone would be in touch with you? Did you say that you had given them long enough?

I would say Barclays will be in touch first but probably just to make it look good that they have followed the book. FOS has a big backlog so pobably best to keep on at barclays in the meantime as well. I would do:D

She (at the FOS) took all the dates including when I first wrote to them and the date and ref no of their last letter to me stating that they didn't know when they would be able to provide a response (this was dated 3 Jul) I also told her that I had phoned them last night and that I had been told that they still didn't know - she has given me ref no and is sending me all the paperwork out that i need to complete, she told me to ensure that I sent copies of my original letter and the 3 letters from barclays in, am also gonna send the receipt for the recorded delivery and the royal mail track and trace page off the web saying that it was delivered on 9 may. She counted up the weeks and was a bit amazed I think that it was approaching the 11 week point and they were still saying that they didn't know when they would be able to provide an answer

marshallka

sarahc5388 wrote: »

She (at the FOS) took all the dates including when I first wrote to them and the date and ref no of their last letter to me stating that they didn't know when they would be able to provide a response (this was dated 3 Jul) I also told her that I had phoned them last night and that I had been told that they still didn't know - she has given me ref no and is sending me all the paperwork out that i need to complete, she told me to ensure that I sent copies of my original letter and the 3 letters from barclays in, am also gonna send the receipt for the recorded delivery and the royal mail track and trace page off the web saying that it was delivered on 9 may. She counted up the weeks and was a bit amazed I think that it was approaching the 11 week point and they were still saying that they didn't know when they would be able to provide an answer

Sarah, only send in copies of the track and trace and recorded delivery as they could get lost by FOS. I think now barclays will write fairly quick.

sarahc5388

marshallka wrote: »

Sarah, only send in copies of the track and trace and recorded delivery as they could get lost by FOS. I think now barclays will write fairly quick.

am only going to send copies of the letters from the bank - will keep the originals myself. I'm hoping Barclays do - cos with the mis-sold PPI and the overpayment/unfair rebate it's about £3k, wonder if they've spotted this and that's why they are stalling (this is what i'm hoping anyway) - have you heard anything from those a***holes yet?