PPI Reclaiming discussion Part II

sarahc5388

sarahc5388 wrote: »

For Tiggrae, ( i posted this a few days ago so i thought i'd bump it back up)

I have just received another letter from Barclays re the PPI on my overdraft. They have said no because the PPI dates back more than 6 years (started in 2000) - can I not just ask for the last six years worth?

they state - "It is reasonable to expect customers to raise an issue within a reasonable time, after the event has taken place, our position has been prejudiced and the level of any investigation could have been compromised. Where a complaint relates to an alleged breach of duty outside the last six years, it is considered time barred under the Statute of Limitations".

I have only just found out about the mis-selling, and have therfore only just made my complaint, can I claim back just the last six years worth? What does the red bit mean??

What is my next step - these !!!!ers are not getting away with this

Tiggrae - i didn't even realise I had this until i spotted it on a bank statement a couple of months ago, can I not just claim back for the last 6 years? I was still paying up until Jun, the woman has even stated in her letter that it has now been cancelled. So even though it was started over 6 years ago, it is the current and i have only jsut stopped paying it. Please help! Isn't there anything at all I can do?

di3004

Not good news in the post I'm afraid, this is the response from Endeavour, they need to realise though that this was a brand new complaint about the unfair rebate, where nothing at all were mentioned about the mis selling this time on the letter we sent this time round.
Please read and any thoughts on this please because I feel I should not just write again to make it clear that this is nothing to do with the sale of the product but the "unfair rebate only" which was them that we settled with who calculated the settlement etc. This is the letter we received today:
Just a reminder, this 25 yr secured loan was taken in July 2004 and paid Nov 2005.
..............................................................................................
Dated 12 August 2008

Dear

Acc: XXXXXXX

Thank you for your letter dated 30 July 2008. I am concerned to learn that you are not completely satisfied with Mr XXXXXXXX (compliance manager's) response to your complaint. In accordance with the bank's complaint handling procedure, the matter has now been referred to me for my independent review.

Having completed my own queries, I must advise that I fully support the comments made in Mr XXXXXXX (Compliance Manager's) response 3 June 2008.

Your comments have been noted and I would refer to Mr XXXXXXX (compliance manager's) letter dated 3 June 2008, and I would reiterate this letter constitutes our final response, and no further correspondence on this matter will be entered into. The letter stated that you have reached the end of our internal complaints procedure.

I have noted your comments that you will be referring your complaint to the Financial Ombudsman service;, however I can confirm that as you purchased your policy prior to the introduction of the Insurance Code of Business regulations on 14 January 2005, I regret that the Financial Ombudsman will be unable to adjudicate in this matter. In addition, prior to 6 April 2007 and the introduction of the Consumer Credit Jurisdiction leglislation, Endeavour Personal Finance was not a member of the Ombudsman scheme. As your complaints relates to an event which took place prior to 6 April 2007, the Financial Ombudsman Service would be unable to adjudicate on a complaint against Endeavour Personal Finance.

Yours sincerely

Department Manager.
........................................................................................................................
This was the letter sent to get that response above from them and I cannot see why they are still thinking this is about mis selling, when my letter here below mentions nothing about mis selling;

30 July 2008
Dear Sirs

With regards to the above, upon early settlement of my Loan in November 2005, I only received a small proportion of the rebate against the Loan/Payment Protection Insurance which I believe to be unfair under the ‘Unfair Consumer Contract Terms Regulations 1999, especially considering this policy was taken over 25 years and settled only one year later.

I am also aware the FSA have stated companies should provide a fair refund upon early settlement.

Also, as only a small proportion was rebated, yet your marketing state ‘if you settle early you may be entitled to a refund, in my opinion I did not receive a refund and believe this statement to be mis-leading and amounts to Negligent Misrepresentation under the 1967 Misrepresentation Act.

In summary, I do not feel I was treated fairly, should you fail to uphold my complaint by which I believe you Unlawfully deprived me of approximately £3722.68, if this amount plus 8% Statutory Interest is not forthcoming, upon receiving your final response, I will without further notice take my complaint to the Financial Ombudsman Service, on the grounds of Unfair Settlement Rebate.

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


Yours faithfully

marshallka

di3004 wrote: »

Not good news in the post I'm afraid, this is the response from Endeavour, they need to realise though that this was a brand new complaint about the unfair rebate, where nothing at all were mentioned about the mis selling this time on the letter we sent this time round.
Please read and any thoughts on this please because I feel I should not just write again to make it clear that this is nothing to do with the sale of the product but the "unfair rebate only" which was them that we settled with who calculated the settlement etc. This is the letter we received today:
Just a reminder, this 25 yr secured loan was taken in July 2004 and paid Nov 2005.
..............................................................................................
Dated 12 August 2008

Dear

Acc: XXXXXXX

Thank you for your letter dated 30 July 2008. I am concerned to learn that you are not completely satisfied with Mr XXXXXXXX (compliance manager's) response to your complaint. In accordance with the bank's complaint handling procedure, the matter has now been referred to me for my independent review.

Having completed my own queries, I must advise that I fully support the comments made in Mr XXXXXXX (Compliance Manager's) response 3 June 2008.

Your comments have been noted and I would refer to Mr XXXXXXX (compliance manager's) letter dated 3 June 2008, and I would reiterate this letter constitutes our final response, and no further correspondence on this matter will be entered into. The letter stated that you have reached the end of our internal complaints procedure.

I have noted your comments that you will be referring your complaint to the Financial Ombudsman service;, however I can confirm that as you purchased your policy prior to the introduction of the Insurance Code of Business regulations on 14 January 2005, I regret that the Financial Ombudsman will be unable to adjudicate in this matter. In addition, prior to 6 April 2007 and the introduction of the Consumer Credit Jurisdiction leglislation, Endeavour Personal Finance was not a member of the Ombudsman scheme. As your complaints relates to an event which took place prior to 6 April 2007, the Financial Ombudsman Service would be unable to adjudicate on a complaint against Endeavour Personal Finance.

Yours sincerely

Department Manager.
........................................................................................................................
This was the letter sent to get that response above from them and I cannot see why they are still thinking this is about mis selling, when my letter here below mentions nothing about mis selling;

30 July 2008
Dear Sirs

With regards to the above, upon early settlement of my Loan in November 2005, I only received a small proportion of the rebate against the Loan/Payment Protection Insurance which I believe to be unfair under the ‘Unfair Consumer Contract Terms Regulations 1999, especially considering this policy was taken over 25 years and settled only one year later.

I am also aware the FSA have stated companies should provide a fair refund upon early settlement.

Also, as only a small proportion was rebated, yet your marketing state ‘if you settle early you may be entitled to a refund, in my opinion I did not receive a refund and believe this statement to be mis-leading and amounts to Negligent Misrepresentation under the 1967 Misrepresentation Act.

In summary, I do not feel I was treated fairly, should you fail to uphold my complaint by which I believe you Unlawfully deprived me of approximately £3722.68, if this amount plus 8% Statutory Interest is not forthcoming, upon receiving your final response, I will without further notice take my complaint to the Financial Ombudsman Service, on the grounds of Unfair Settlement Rebate.

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


Yours faithfully

This is total bull. You are complaining about an event that happened in November 2005 when they were under the FSA so write back (or ring as well) and tell them that. You are making a complaint for an unfair rebate NOT misselling.
At the same time get your complaint into FOS now Di.

They have obviously not even bothered to read the letter properly.

I made a complaint to the ombudsman about Firstplus and something similar about unfair settlement and i had a reply from the ombudsman and in the reply they stated that FIrstplus were not regulated until January 2005 by the FSA and that this complaint fell outside jurisdiction for that reason. I would have thought that if if it was something to do with 2007 thing then THEY would have told me that.

Your complaint is about the insurance side of things and the date that the insurance was settled. This is within the jurisdiction of the ombudsman. The FSA started regulating the sales of insurance in 2005 and that is all that matters.

tiggrae

marshallka wrote: »

This is total bull. You are complaining about an event that happened in November 2005 when they were under the FSA so write back (or ring as well) and tell them that. You are making a complaint for an unfair rebate NOT misselling.
At the same time get your complaint into FOS now Di.

They have obviously not even bothered to read the letter properly.

I made a complaint to the ombudsman about Firstplus and something similar about unfair settlement and i had a reply from the ombudsman and in the reply they stated that FIrstplus were not regulated until January 2005 by the FSA and that this complaint fell outside jurisdiction for that reason. I would have thought that if if it was something to do with 2007 thing then THEY would have told me that.
Hi Di,

Your complaint is about the insurance side of things and the date that the insurance was settled. This is within the jurisdiction of the ombudsman. The FSA started regulating the sales of insurance in 2005 and that is all that matters.

Write back to them and tell them they haven't read your letter correctly and your complaint is about the unfair rebate which took place on ??? (ie after 14.01.2005) so definately comes under the jurisdiction of the FOS.

tiggrae

sarahc5388 wrote: »

Tiggrae - i didn't even realise I had this until i spotted it on a bank statement a couple of months ago, can I not just claim back for the last 6 years? I was still paying up until Jun, the woman has even stated in her letter that it has now been cancelled. So even though it was started over 6 years ago, it is the current and i have only jsut stopped paying it. Please help! Isn't there anything at all I can do?

hi sarah you can make a claim through the county court system, but you run the risk of it being statute barred under the Statute of Limitations Act 1980. I've just got a copy of that legislation in front of me and will get back to you later as what can be done

marshallka

tiggrae wrote: »

Write back to them and tell them they haven't read your letter correctly and your complaint is about the unfair rebate which took place on ??? (ie after 14.01.2005) so definately comes under the jurisdiction of the FOS.

How about this Tiggrae (written for Di)

I refer to your letter of 12th August 2008 in which you stated that my new complaint of an unfair rebate of the insurance policy we had with yourselves fell outside the jurisdiction of the Financial Ombudsman Service.

I have today spoken to the FOS about this matter and they have stated to me as the complaint is about the settlement of the insurance policy and the date of my settlement was November 2005 then this is a matter that they will be able to assist with. I am surprised by your little knowledge on this matter and just in case you are to receive any similar complaints then I suggest that you get your facts right before actually writing to customers with this information.

I have today submitted my complaint to the FOS and in the meantime if you have anything to add to your original letter then I would appreciate the response.

Copies of all correspondence attached.

di3004

Thanks Marshallka & Tiggrae

I will write back to them today, and get it in the post, they should receive this hopefully by tomorrow.

Obviously they have overlooked this and not read this properly, as they seem to be saying going by the letter that this is the same complaint as the one in May/June, which was then about mis selling.
And as you know the letter I sent 30 July does not even mention anything about mis selling and only that of an unfair rebate.

Thanks both.;)
Di

di3004

Do you think you could check this letter for me please Tiggrae, Mishallka or anyone else please, Sarah ?

Does it look a bit too much, and please tweak where necessary thanks again.;)

Unfair Rebate Reclaim/
Account Number:

Dear

Thank you for your letter dated 12 August 2008.

I am concerned that it seems to be that my complaint has not been read correctly, which has obviously been overlooked and thought of as the same complaint about the mis selling of the Loan policy PPI cover, I can confirm this is a new complaint which has nothing to do with the previous complaint and it is a letter of complaint of an “Unfair Rebate settlement which had taken place in November 2005.

I have enclosed a copy of the letter dated 30 July 2008 of what you received, and you have stated that you have reviewed the complaint as this was referred to you for further investigation and that you fully support the comments made in Mr Grainger’s response of 3 June 2008. You had obviously reviewed an old complaint prior to the letter of 30 July 2008.

This is a“brand new complaint” and nothing to do with mis selling and I believe I have been deprived of my money considering this was settled only a year later after taking out this policy of the product that was originally for over 25 years.
Nothing has been explained to me of what the calculations involved, or anything that makes any sense.

As this event had taken place in November 2005 and not that of 2004 when it came to settling this product, I request for you to reconsider this complaint as a “New complaint of unfair rebate Settlement” and uphold this complaint as and refund what is due to me and that also of 8% of what a court would award.


Due to this reason of “unfair rebate settlement” I believe the Financial Ombudsman Service will be able to adjudicate in this matter as the FSA started regulating on 14 January 2005 where this definitely comes into regulation of Jurisdiction of the Financial Ombudsman Service, or otherwise I will prepare this for court action to have this matter resolved.

Please refer to my letter dated 30 July 2008, and reconsider this request for a refund.
I look forward to hearing from you within 14 days of this letter.

Yours sincerely

marshallka

di3004 wrote: »

Do you think you could check this letter for me please Tiggrae, Mishallka or anyone else please, Sarah ?

Does it look a bit too much, and please tweak where necessary thanks again.;)

Unfair Rebate Reclaim/
Account Number:

Dear

Thank you for your letter dated 12 August 2008.

I am concerned that it seems to be that my complaint has not been read correctly, which has obviously been overlooked and thought of as the same complaint about the mis selling of the Loan policy PPI cover, I can confirm this is a new complaint which has nothing to do with the previous complaint and it is a letter of complaint of an “Unfair Rebate settlement which had taken place in November 2005.

I have enclosed a copy of the letter dated 30 July 2008 of what you received, and you have stated that you have reviewed the complaint as this was referred to you for further investigation and that you fully support the comments made in Mr Grainger’s response of 3 June 2008. You had obviously reviewed an old complaint prior to the letter of 30 July 2008.

This is a“brand new complaint” and nothing to do with mis selling and I believe I have been deprived of my money considering this was settled only a year later after taking out this policy of the product that was originally for over 25 years.
Nothing has been explained to me of what the calculations involved, or anything that makes any sense.

As this event had taken place in November 2005 and not that of 2004 when it came to settling this product, I request for you to reconsider this complaint as a “New complaint of unfair rebate Settlement” and uphold this complaint as and refund what is due to me and that also of 8% of what a court would award.


Due to this reason of “unfair rebate settlement” I believe the Financial Ombudsman Service will be able to adjudicate in this matter as the FSA started regulating on 14 January 2005 where this definitely comes into regulation of Jurisdiction of the Financial Ombudsman Service, or otherwise I will prepare this for court action to have this matter resolved.

Please refer to my letter dated 30 July 2008, and reconsider this request for a refund.
I look forward to hearing from you within 14 days of this letter.

Yours sincerely

Did you see mine above Di. I would not get into any arguments with them now. YOU have explained enought to them. I would just send a simple letter and leave it at that. Its them that have not read your other letter correct and you should not have to state your arguments again. You don't even want to mention the court thing. It is something that the ombudsman could look at and tiggrae has confirmed this so just state their "misleading information" that they have given to you and take your complaint to FOS also.

tenby

I have justed recived a letter about a loan i had some time back over 5 years. the loan was about £15,000. the figures below is what i am reciving from the halifax bank wthin 14 days.

i had a pre existing meddical condition (diabetes) so this would of not covered me at all due to the insurance companies could say it was related to my pre existing cover.

Refund of premiums = £2,503.98
Refund of interest at 9.9% = £652.55
Interest at 8% = £1,167.90
Total = £4,324.43

Thank you martin lewis, you help me get £300 from bank charges just before the court case and i still got some on hold at the moment and you have won this again for me. I bigger amount this time.

you are the robin hood for us all out their telling us what is not right and correcting it and taking our money back from these companies.

i am going to try the credit card companies as well. has i think i should be able to get some money back from them.

i am having problems with my lloyds tsb on my PPI and not letting me reclaim the money back put i can reduice the payments.

so if anyone reading this and is not to sure to do it. DO IT NOW it works.

graham