PPI Reclaiming discussion Part II

di3004

weymouthjo wrote: »

Hi, I am new to this and hope I am in the correct place. I have just received a letter from MBNA saying that, following my enquiry about being missold PPI in 2000, they have investigated my complaint and are unable to refund any premiums. They go on to say that my complaint relates to a period that is outside of the time limits for referral to the FOS. Any ideas on what to do next??? Thanks

Hi hun.
There seems to be a lot of these complaints like that lately, mine is one of those........:rolleyes: , but with a different company, this is why I am trying for the "unfair rebate" side of things instead as mine was taken out in 2004 and settled Nov 2005, it was originally for 25 years and was only given a small portion of the rebate.

If you read above you will see some posts made by both Tiggrae and Marshallka, these may give you some idea for your claims.;)

Have you settled this loan ? if so when ?

Cheers.
Di.
x

nicky4415

I have been in the process of reclaiming my ppi from barclays bank. when i took my loan out the ppi amount was around £3000 up . I got a phone call from barclays yesterday offering to pay the ppi plus interst paid on it off my outstanding loan rather than refunding my current acc . The only money they were prepapared to pay me was the 8% stat interest of £130 can they do this?

weymouthjo

Hi Di, Thank you for responding. This was a CC Payment Protection Insurance cleared in full in February 2007. I requested, verbally, 2 or 3 times for this to be removed (part of their argument) but unfortunately didn't push hard enough when they said it wasn't a good idea!! Jo

marshallka

tiggrae wrote: »

OK just extract this from the FOS regarding PPI

Three main types of
problem arise that can lead to complaints to the ombudsman.

The first type of problem is where a claim on a payment protection policy is turned down. In other words, the consumer has bought a policy and made a claim on it – but the insurance company refuses to pay out, perhaps because of an exclusion clause in the so-called "small print" of the policy.

The second type of problem involves payment protection policies that may have been "mis-sold". This might be the case if, for example:

•

a consumer did not realise they were taking out a policy that they did not actually want; or

•

the policy was not properly described to them – and they bought it not understanding it wasn’t suitable or how it worked.

The third type of problem involves disputes about refunds of premiums –where the consumer has paid for a payment protection policy with an up-front single premium (which is frequently added to the loan).

If the consumer pays off the loan early, only a small refund may be available – which can give rise to complaints.

what should I do if I am unhappy about my payment protection insurance?

If you think you may have grounds for a complaint, get in touch first of all with the company you think is responsible. Give them a chance to look into your concerns.

What can we look at?

We can look into complaints about a very wide range of financial matters. However, the rules and restrictions we have to follow mean there are some types of dispute we can’t help with.

In particular, you should be aware that time limits may affect our ability to look into your case if you leave it too long to complain after you know (or should have known) that there’s a problem.

If you ask us to look into your complaint, we will explain any particular rules and restrictions that may apply in your own individual case – and we will always give you the chance to query anything you don’t understand.

If you’re not sure if your complaint is one we can help with, just ask us.

Therefore, in conclusion all I can say is that if your claim falls within the 3 categories (ie not paid out, mis sold or unfair rebate) then initial contact whoever is responsible - if your claim is not upheld by them then contact the FOS to see if they are allowed to look at your complaint (ie did the company concerned come under their jurisdiction at the time the event took place) as they appear to be the only ones with the definative set of (unpublished) rules about what timescales exist.

If the FOS can't look at your complaint then there is always the County Courts

So in fact then, if a company is under the jurisdiction of FOS at the time the event happened (as Di's was) then they should be able to help:j :j We were right then.

And Endeavour were wrong in this by quoting that FOS cannot help.:mad:

Surely that is something that needs reporting maybe;)

I got it in writing from Firtplus that section 75 of the CCA did not exist for anything other than "credit card transcations". Annoying...see my post 4838

They actually state it in their letters too. Sometimes i wonder why i feel like i am going mad.

singlep

marshallka wrote: »

So in fact then, if a company is under the jurisdiction of FOS at the time the event happened (as Di's was) then they should be able to help:j :j We were right then.

And Endeavour were wrong in this by quoting that FOS cannot help.:mad:

Surely that is something that needs reporting maybe;)

FOS has jurisdiction firstly over products and only then over the firm that sells the product. FOS will consider -1. PPI complaints on policies sold prior to 14.01.05 by GISC members only. 2. Complaints on all PPI sold since 14.01.05. 3. Complaints about CCA loans legally completed after 7 April 2007.
No other dates or events are relevant to these complaints. All other complaints are a matter for the courts.

marshallka

weymouthjo wrote: »

Hi, I am new to this and hope I am in the correct place. I have just received a letter from MBNA saying that, following my enquiry about being missold PPI in 2000, they have investigated my complaint and are unable to refund any premiums. They go on to say that my complaint relates to a period that is outside of the time limits for referral to the FOS. Any ideas on what to do next??? Thanks

Was this a ppi on your credit card balance???

marshallka

singlep wrote: »

FOS has jurisdiction firstly over products and only then over the firm that sells the product. FOS will consider -1. PPI complaints on policies sold prior to 14.01.05 by GISC members only. 2. Complaints on all PPI sold since 14.01.05. 3. Complaints about CCA loans legally completed after 7 April 2007.
No other dates or events are relevant to these complaints. All other complaints are a matter for the courts.

So is DI's for the courts to decide or is Tiggrae right in that she said that the event took place in November 2005 and its for an unfair rebate and the policy was settled after they became regulated by the FSA ie (January 2005)

Were Endeavour GISC members????

Again we are confused here

Tiggrae is adamant Di can complain to FOS here.

So really they cannot look into Consumer Credit complaints before 2007 ??? ie if you had a loan prior to 2007???

This is what i asked earlier and was confused about.

di3004

The letter I received back from Endeavour yesterday, even though the same Endeavour logo on the paperwork, the address details are now those of directly of HFC bank in Birmingham, where the Department manager from there had reviewed the case as she stated on that letter of their's I posted on here yesterday and HFC were registered in 2001.

These have been linked even when I had the policy from them.
Also HSBC.

The old addy details were that of Beneficial house, Bracknell and now, its po Box 3607, Birmingham, B1 2XJ, I checked this out online and it states HFC bank !:rolleyes:

di3004

marshallka wrote: »

So is DI's for the courts to decide or is Tiggrae right in that she said that the event took place in November 2005 and its for an unfair rebate and the policy was settled after they became regulated by the FSA ie (January 2005)

Were Endeavour GISC members????

Again we are confused here

Tiggrae is adamant Di can complain to FOS here.

So really they cannot look into Consumer Credit complaints before 2007 ??? ie if you had a loan prior to 2007???

This is what i asked earlier and was confused about.

Thanks hun.;)

To my knowledge Endeavour were not GISC members......:rolleyes:

marshallka

di3004 wrote: »

The letter I received back from Endeavour yesterday, even though the same Endeavour logo on the paperwork, the address details are now those of directly of HFC bank in Birmingham, where the Department manager from there had reviewed the case as she stated on that letter of their's I posted on here yesterday and HFC were registered in 2001.

These have been linked even when I had the policy from them.
Also HSBC.

The old addy details were that of Beneficial house, Bracknell and now, its po Box 3607, Birmingham, B1 2XJ, I checked this out online and it states HFC bank !:rolleyes:

Di have you read singelp's post and were Endeavour gisc members???