PPI Reclaiming discussion Part II

marshallka

tiggrae wrote: »

unfortunately the FOS is the FSA's complaint Ombudsman so if the FOS have rejected your claim there isn't any other government body who can help. So your only recourse is the County Court - so long as the claim is under £5k then it will be allocated to the small claims track (court). You need to file an N1 claim form either with your local county court or through the on-line court system Money Claim On Line (mcol) where it's actually cheaper but you have to keep the particulars of the claim short (1400 words I think).

I thought you could go to FOS as "trading as's".

di3004

Busta wrote: »

lol, sorry no remember this one, sorry, not good at this yet, but im getting better, with you and everyone else's help, so thank you.

x

Don't worry hunni, your doing very well.;)
I'm still finding my way round here too.......:D .

I had posted about the fast tracking info hun in case you missed it earlier, but see you have now read it.;)
I know this can vary with timescales with fast tracks but as my case was more complex and I was rather late requesting mine, It did not really change anything for me, but it had possibly cut it down for Laini as she requested the fast track at the early time I am sure it had cut down quite a bit, I am hoping Laini will be here later to answer this one for you.;)

Di.
x

Busta_3

di3004 wrote: »

Don't worry hunni, your doing very well.;)
I'm still finding my way round here too.......:D .

I had posted about the fast tracking info hun in case you missed it earlier, but see you have now read it.;)
I know this can vary with timescales with fast tracks but as my case was more complex and I was rather late requesting mine, It did not really change anything for me, but it had possibly cut it down for Laini as she requested the fast track at the early time I am sure it had cut down quite a bit, I am hoping Laini will be here later to answer this one for you.;)

Di.
x

your all so helpful, cant remeber everyones name, but really THANK you, i really appreciate it. Yea guess i just need to see whether it will make a difference, but the fact of the matter i am financially struggerling and waiting on the outcome of this is really important. xxx

di3004

Busta wrote: »

your all so helpful, cant remeber everyones name, but really THANK you, i really appreciate it. Yea guess i just need to see whether it will make a difference, but the fact of the matter i am financially struggerling and waiting on the outcome of this is really important. xxx

Thats okay Busta.;)
Point this out to the FOS and send in what you can to prove this but if you explain the situation it should help.;)

Good luck hun.
Di.
xx

pinknico

spoll wrote: »

Thanks Di,

The letter that I've sent so far have used the templates from this site and the mis-selling is based on the single premium & only valid for five years criteria.

I think I'll send them one more letter back giving them the chance increase their offer and then I'll go to the FOS.

Basically I would be looking for a figure neaer to 10k for my Dad to be in the same position as he would be if hadn't got the PPI (reading previous posts this is what we could hope for if going to fos plus of course interest).

Thanks again and I'll keep you posted when we hear back

Can any one clarify for me if the fact that the PPI is a single premium and only covers 5 years is a mis selling alone? Thanks i advance. x

dave3761

marshallka wrote: »

I would send your second letter to them and state that if you do not get a better response in x amount of time then you will take your claim for the misselling and also unfair terms in consumer contracts 1999 to FOS.

What was the date of sale of the ppi?

Firstplus came under jurisdiction of the FOS in November 2001 when they became members of GISC so you should be ok there. (if it was 5 years ago you took it out????)

Also they are not only penalising you for the 12K but also the interest on top of this as well.

[Hi there and thank you for the advice. That is exactly what I have done and it was March 2003 when I was conned!!!!]

marshallka

pinknico wrote: »

Can any one clarify for me if the fact that the PPI is a single premium and only covers 5 years is a mis selling alone? Thanks i advance. x

Most misselling of this kind are upheld by FOS purely for being policies of this type. Hope that helps. These being the post 2005 ones when the FSA took over from GISC.

marshallka

dave3761 wrote: »

marshallka wrote: »

I would send your second letter to them and state that if you do not get a better response in x amount of time then you will take your claim for the misselling and also unfair terms in consumer contracts 1999 to FOS.

What was the date of sale of the ppi?

Firstplus came under jurisdiction of the FOS in November 2001 when they became members of GISC so you should be ok there. (if it was 5 years ago you took it out????)

Also they are not only penalising you for the 12K but also the interest on top of this as well.

[Hi there and thank you for the advice. That is exactly what I have done and it was March 2003 when I was conned!!!!]

Good luck and let us know how you get on.

Laini

HAVEFAITH wrote: »

Yes it does thank you ... just slightly concerned about the wording on the letter .... is there a template out there that i can edit to my needs?

Preliminary Request for Refund of Charges

Dear Sir/Madam

I am writing to formally request a refund of £XXXXX for penalty charges which have been levied from my Account Number XXXXXXXXXXXXXXX between XX XX XX (Start Date) to XX XX XX (End Date).

I believe that your charges are disproportionately high and do not reflect any actual or real loss incurred by you as a result of my contractual breaches. Therefore your charges constitute contractual penalties, which are irrecoverable at common law. It has been held that a contractual party may only recover damages for an actual loss or liquidated losses. I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding credit limits and so forth are unlawful under Statute and recent consumer regulations.

Additionally, it has been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT in their “Calculating fair default charges in credit card contracts” on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.
However, if you continue to contend that your charges are not unlawful penalties, please demonstrate this by supplying me with a full breakdown of the costs to which you have been put by as a result of my breaches of contract, details of all actions required to make up these costs and an explanation of how you arrived at the sums charged.

This was highlighted in the Scottish case between Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 at the House of Lords it was held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law in Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79 as well as in Murray v Leisureplay Plc[2005] EWCA Civ 963.

I request you to return the total amount of £xxxxx within 14 days of the date of this letter. Please see the attached Schedule of Claim for Charges.

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

If you do not respond, or you do not respond positively to this request, I will issue you with a Letter Before Action in which to reflect after which at the expiry of that second deadline I reserve the right to commence court proceedings to resolve this matter without any further notice to yourselves.

I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

Yours sincerely

WILL POST UP ONE FOR PPI on next post (I sent this)

Laini x

Laini

[BLUE BRACKETS]: REPLACE WITH THE RELEVANT INFO
[RED BRACKETS]: JUST FOR INFO – SO DELETE

[insert your name

and address]

[insert date]

[insert name and
address of provider]

Dear Sir or Madam,

Re: Account number: [insert account number]

[If you have not had a response to your first letter use this or delete]
I refer to my letter dated [insert date of first letter] in which I wrote asking for justification that the insurance sold with my [select from loan / credit card / store card] was sold fairly, reasonably and within my best interests. A copy of this letter is enclosed for your information.

To date, I have not received a response from you with regards this matter so I am writing again to request a full refund of the premiums, subsequent interest that I have paid on these premiums and the 8% statutory interest that a court would award. If I have not heard from you within 14 days I shall be taking my complaint to the Financial Ombudsman.

[If your lender denies the mis-selling of your policy use this or delete]
I am writing in response to your letter dated [insert date of letter from your lender], with regards the insurance sold with my [select from loan / credit card / store card]. Yourreference is [insert reference number of letter from your lender].

I do not feel your letter has offered a satisfactory justification that my policy was sold fairly, reasonably and within my best interests so I request that you look into my complaint again. If I do not receive a more favorable response within 14 days I shall be taking my complaint to the Financial Ombudsman.

[If your lender offered a settlement but you do not think that is it enough use this or delete]
I am writing in response to your letter dated [insert date of letter from your lender], with regards the insurance sold with my [select from loan / credit card / store card]. Yourreference is [insert reference number of letter from your lender].

Although you have offered me the sum of [insert amount offered] to cover the mis-selling of my policy, I do not think this amount is enough to cover a refund of the premiums, subsequent interest that I have paid on these premiums and the 8% statutory interest that a court would award, but if you were to increase your offer to [insert amount you would be willing to accept] I would accept and consider the matter closed. If I have not heard from you within 14 days to say if you can offer this amount, I shall be taking my complaint to the Financial Ombudsman.

Yours faithfully,

[insert signature]