PPI Reclaiming discussion Part II

marshallka

tiggrae wrote: »

really you only need a SAR if the company wasn't regulated (ie if you can take your complaint to the FOS) they will get all the details - otherwise you're wasting time waiting for the info to arrive only to then go the FOS

thanks for that tiggrae, i have typed a letter today but not sent it. They were regulated by FSA in 1st December 2001 so should be able to take to FOS without then.

Have to give them 8 weeks so 9th September i can take my complaint to FOS.

In their first letter it states "I trust this clarifies the matter to you, but please contact me further should you have any further questions or concerns. Should an agreeable solution not be reached after this youwill be able to refer this matter to FOS.

I have replied to this and are waiting for a further reply from them. Maybe i won't have to wait until 9th September.

I really want this back from them as we had two loans prior to this where they are now time barred but we paid a hefty amount on settlement and hardly any rebate on the ppi.

tiggrae

marshallka wrote: »

thanks for that tiggrae, i have typed a letter today but not sent it. They were regulated by FSA in 1st December 2001 so should be able to take to FOS without then.

Have to give them 8 weeks so 9th September i can take my complaint to FOS.

In their first letter it states "I trust this clarifies the matter to you, but please contact me further should you have any further questions or concerns. Should an agreeable solution not be reached after this youwill be able to refer this matter to FOS.

I have replied to this and are waiting for a further reply from them. Maybe i won't have to wait until 9th September.

I really want this back from them as we had two loans prior to this where they are now time barred but we paid a hefty amount on settlement and hardly any rebate on the ppi.

when did you settle - remember when claiming for an unfair rebate it's the date of settlement that counts - not the date the policy was sold

marshallka

tiggrae wrote: »

when did you settle - remember when claiming for an unfair rebate it's the date of settlement that counts - not the date the policy was sold

Settled with them in 2000 so way out of date. This other loan was taken out in December 2002 and settled in September 2004 so i am ok with this one:D

singlep

marshallka wrote: »

thanks for that tiggrae, i have typed a letter today but not sent it. They were regulated by FSA in 1st December 2001 so should be able to take to FOS without then.

Have to give them 8 weeks so 9th September i can take my complaint to FOS.

In their first letter it states "I trust this clarifies the matter to you, but please contact me further should you have any further questions or concerns. Should an agreeable solution not be reached after this youwill be able to refer this matter to FOS.

I have replied to this and are waiting for a further reply from them. Maybe i won't have to wait until 9th September.

I really want this back from them as we had two loans prior to this where they are now time barred but we paid a hefty amount on settlement and hardly any rebate on the ppi.

No-one was FSA authorised to sell ppi until jan 2005. Co-op were authorised to sell investments only, in 2001. FOS has no jurisdiction unless Co-op were GISC members.

marshallka

singlep wrote: »

No-one was FSA authorised to sell ppi until jan 2005. Co-op were authorised to sell investments only, in 2001. FOS has no jurisdiction unless Co-op were GISC members.

I will have to make a phone call to FOS tomorrow to find out. Thanks for that singlep.

catinthehat1

I will have to phone FOS in the morning to find out the situation with regards to whom was or not regulating First Plus - could I not take it up as i was told before as barclays trading as First Plus?:o

tiggrae

catinthehat1 wrote: »

I will have to phone FOS in the morning to find out the situation with regards to whom was or not regulating First Plus - could I not take it up as i was told before as barclays trading as First Plus?:o

I believe barclays were

di3004

Here is a rough draft letter to Endeavour, have not added personal details on here obviously etc, but I have never actually dealt with a letter about a unfair rebate before, so if this needs tweaking which again I think it will I will be very happy for your help, thanks so much. Grammar not brilliant lol.

Unfair Rebate Settlement/Account policy number –

Dear Sirs

I am writing in regards of an ‘Unfair Rebate Settlement’ in November 2005.
Account Number XXXXXXXX

Only a fraction/Part portion of the rebate of £1533.69 was deducted within the settlement calculations and it was not explained how the rebate was actually calculated, such as for example the loan, payment protection insurance or both.
The full amount of settlement to settle this was £23,646.04, yet I note that an amount of £26565.18 was received of the full payments received to you on a policy of £23,835.00, because the loan amount was £21,000 and the payment protection insurance was that of £2835.00.

All the above is proven on the paperwork received within a Subject Access request that was provided Endeavour Personal Finance to me.

I believe this was an ‘unfair rebate’ considering the 25 year policy was taken over 25 years and settled the year after. I believe I was deprived of this money.

I have sought further information about ‘Unfair Terms in Consumer Contract Regulations 1999, through the ‘Office of Fair Trading, this came onto force October 1999 as the Unfair terms of Consumer Terms of Contracts regulations 1994 are herby revoke.
I am also aware that the FSA rules that firms should give a fair refund.

I was not given a refund only a part portion of a rebate settlement as stated on your letter, yet your Endeavour paperwork states, ‘if settle early you may be entitled to a refund’ this is my opinion is not a rebate, and could be read as mis-leading by consumers, such as myself for that matter.
I do not feel I was treated fairly, and would appreciate it if you could uphold my complaint and refund me the amount worked out of approximately £3722.68, and 8% of what a court would award.
If this is not resolved or upheld in 14 days of this letter due to the unfair settlement conditions, I will be forced to complain to the Financial Service Ombudsman, who will be able to investigate this on the grounds of Unfair Settlement Rebates.

I look forward to receiving your response within 14 days of this letter.


Yours faithfully

angelwillow

How is this for taking the ****?
My OH sent a letter to Goldfish in January and they are still 'looking into it' as it is with their legal team!
Well over the 8 week time limit!!!

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:

Just been looking back over my posts when i was going for firstplus and i got this reply from FOS when i tried to claim

Thank you for your email.

From the information you have provided, it would appear that we cannot deal with your complaint because the business is not covered.

Having looked at the information you have supplied to me, it appears that your complaint against Firstplus Financial Group relates to events which occurred when it was not a member ofthe General Insurance Standards Council (GISC).

On the 14 January 2005, as a result of recent legislation, the Financial Ombudsman Service became responsible for looking into complaints against former members of GISC about events that occurred while the firm was a member of GISC.

I should explain that the firm was a member of GISC from 20 November 2001. I note the policy was sold to you in January 2000. The complaint therefore appears to outside our jurisdiction.

You should be ok :j