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PPI Reclaiming discussion Part II

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  • di3004
    di3004 Posts: 42,579 Forumite
    Just thought I would mention that nothing exciting in the post again today :rolleyes: but its countdown time for Endeavour, I should hear by Friday but its not always the case is it ?:confused: .

    The last twice when I wrote to them, but that was about the mis selling I had heard within 3 days of them receiving my complaint !
    I wonder ???:rolleyes:

    As this one is about the unfair rebate.
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    di3004 wrote: »
    Just thought I would mention that nothing exciting in the post again today :rolleyes: but its countdown time for Endeavour, I should hear by Friday but its not always the case is it ?:confused: .

    The last twice when I wrote to them, but that was about the mis selling I had heard within 3 days of them receiving my complaint !
    I wonder ???:rolleyes:

    As this one is about the unfair rebate.
    They probably cannot back down on this one Di. Lets hope you hear soon.:D
  • di3004
    di3004 Posts: 42,579 Forumite
    marshallka wrote: »
    They probably cannot back down on this one Di. Lets hope you hear soon.:D


    Thanks hun, we could do with some good news for a change.:j :D;) .
    Do you think I would have heard by now if they were refusing this ?
    I know its an awkward question really isn't it? because there could be many other reasons why I have not heard by now, but I even received the SAR within less a week of requesting this from them over 2 months ago and of course the 2 other mis selling letters that was within days.....:rolleyes: , so its just making me think, but maybe its best just to keep an open mind - just in case.;)

    Di.
    x
    The one and only "Dizzy Di" :D
  • spoll_2
    spoll_2 Posts: 53 Forumite
    di3004 wrote: »
    Hi Spoll
    Reading your post again and then reading Tiggrae's and as you have already sent the template letter, I would also now say forget writing back to the loan company and get a complaint form filled in from the FOS website, sorry to be a right pain here but to get it done quicker I would do just that.
    The amount in the mis sellng the FOS would want the loan company to put it right as if the PPI were not taken and also award an Extra 8% on top which is what a court would award.
    Your parents should receive all this back in a cheque payment as the loan is settled.;)

    Go for the FOS now hun and good luck.

    Di.
    x

    Well I've just sent the complaint to the FSO - will keep you updated of any progress...
  • di3004
    di3004 Posts: 42,579 Forumite
    For those of you who would like to request a SAR (Subject Access Request) if you have no or not enough information on your policies etc, here is an helpful link, even though our wonderful Laini has one on this thread too here and there.;)

    I'm sure Laini won't mind me adding this link which is on "wiki",;)

    http://www.consumerwiki.co.uk/index.php/SAR

    Di
    The one and only "Dizzy Di" :D
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    I've been granted my court date in my case against the Halifax but I'd like to ask them for some additional information which may be useful in my case. Am I entitled to ask for additional info from (say) their Custoemr Relations team while awaiting the trial or does everything have to go through the court?

    They seem to be relying on the fact that they've followed the ABI guidelines for insurance sales, but according to the ABI, at the time I took my insurance out, it was the GISC guidelines which they would have had to follow and this did not split between advised and non-advised sales.

    I would like to ask them to show that their internal procedures complied with the ABI guidelines at this time (that original ABI comment coming from them), and also what their procedures are for document management as the writing on the CCA they provided is not mine. I also want to ask where the application form they provided complies with the CCA 1974 in terms of prescribed terms (as it doesn't have any!), and also ask for confirmation that Halifax Insurance Ireland are part of the HBOS Group (which their defence says they are not).

    All useful questions I'd like to have some answers to. Can I ask it direct of them or do i need to go through the court?
    use Civil Procedure Rule 18 (CPR 18) Request for Further Information - you can see a copy of this following the link from Her Majastys Court Service web site - you'll need to serve a copy on their solicitors stating you require an acknowlegement within 7 days and copies within 28 days - as well as internal procedures ask for copies of internal & external audit reports into their selling of PPI. Also send a copy to the court and ask them to lodge it on the court file
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    pinknico wrote: »
    Can anyone tell me if there is anywhere you can take a complaint for how little rebate you get if you cancel your PPI on a single premium policy?
    if a loan with ppi has been surrendered early and you got little or no ppi rebate then take your complaint in the first instance to the lender or whoever gave you the settlement figure
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    ok, so first thing I'll do is call 2moro and check the dates, I know i took it out on 17th Dec 2004...then ask if they are members of the GISC....Still a little unsure what I'm doing though...

    What does the GISC have to do with it??? Sorry if I'm coming across a bit dumb..

    Quote from one of their letters..
    "Our records show that your policy was sold on 17th Dec 2004.
    The FOS, which was set up to help customers with certain complaint, has only had authority over Redcats (Brand) Limited since 14th Jan 2005. Before this date the FOS will only investigate and assist with complaints regarding mis-selling of policies where the company was previously covered by other regulations set in the GISC DRF.
    This means that the rules and regulation as they stand today did not cover the selling of your policy at the time you purchased it. As Redcats was not covered by the GISC DRF, We believe this complaint to be outside the jurisdiction of the FOS."
    So they are NOT covered by the GISC.......So I have no chance then??!!
    Loophole search please....

    You've always got the option of taking them to the small claims court


    for anyone that's interested they should look at this article about the GISC done by the guardian in 2004 where someone from the GISC says 'problems with PPI market - there aren't any problems' - good job the FSA took over from them I thin k their offices would have been burnt down by now !!!

    What's also interesting is they state at that time they had over 6000 members but I can't find a register

    www.guardian.co.uk/money/2004/mar/27/insurance.jobsandmoney
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    for anyone that's interested they should look at this article about the GISC done by the guardian in 2004 where someone from the GISC says 'problems with PPI market - there aren't any problems' - good job the FSA took over from them I thin k their offices would have been burnt down by now !!!

    What's also interesting is they state at that time they had over 6000 members but I can't find a register

    www.guardian.co.uk/money/2004/mar/27/insurance.jobsandmoney
    I said a few posts back that there should be a register for GISC. It would make it so much easier for checking claims. Perhaps the ombudsman could do an online one. They seem to have one there.:D
  • marshallka
    marshallka Posts: 14,585 Forumite
    Tiggrae, there have been a couple of questions about overdraft insurance and catalogue ppi and both these people wanted to know if they can makes claims from the dates that the companies became registered with the FSA and not the actual dates of the sales. I thought you have answered this some way back but could you please confirm this.
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