PPI Reclaiming discussion Part II

di3004

pinknico wrote: »

I have been reading the thread all day and as I am going for unfair rebate on a policy sold in 2003 and paid up in 2006 I was interested to see what would be my options if I got nowhere with the company. Having got a bit confused I followed a link to the FSO where I had the option to email my query about my dates and if they could help if it should come to this, I had an email to say I would get a detailed response next week so I will let you know what they say. I was interested to see that they would get in touch with a company for you if you couldn't trace them or if you didn't want to do it yourself.

Well done hun, and yes its a very confusing matter, afterall its still a complaint and our money.;)
Here's hoping you get a good response from these next week.:beer:

Di.
x

marshallka

:mad:

pinknico wrote: »

I have been reading the thread all day and as I am going for unfair rebate on a policy sold in 2003 and paid up in 2006 I was interested to see what would be my options if I got nowhere with the company. Having got a bit confused I followed a link to the FSO where I had the option to email my query about my dates and if they could help if it should come to this, I had an email to say I would get a detailed response next week so I will let you know what they say. I was interested to see that they would get in touch with a company for you if you couldn't trace them or if you didn't want to do it yourself.

I sent in a complaint about unfair settlement with Firstplus some months back and got this reply from FOS - note i had rang previously and was told that it was a complaint that FOS could look into for me - rule 78 and unfair settlement.

The rules say that the events complained about are not covered by this service because Firstplus Group PLC was not included within our jurisdiction until 14th January 2005. Your complaint seems to be outside the rules because you obtained the loan in January 2000 and repaid it in April 2003 and so both events occurred prior to Firstplus becoming in our jurisdiction.

They never mentioned GISC here. (and Firstplus were members of GISC in 2001 and my settlement was 2003 so singlep could be right here in that it does not matter if they were members at the settlement date, what matters is if they were members at the sale date)

They have said that my events took place outside jurisdiction and mentioned both dates here.

I was complaining about the settlement and they have obviously not used the thing about being GISC registered at the time of my settlement otherwise i would of been elegible to claim.

posted by singlep earlier

Unfair Rebate is just another reason for complaint to FOS, as well as misselling BUT it is only the date the ppi was sold that counts for any FOS complaint. There are no complaint types that are exempt from the date rules

Maybe its making a little sense now folks.

GISC and my settlement date did not enter into the equation with my claim for unfair settlement here (although i did call it unfair settlement instead of unfair rebate and i also mentioned rule 78 as it was only a few weeks later (after posts on this site) that i realised that my premium being upfront and the amount of the rebate against it pushed up my settlement in the first place).

Firstplus lead me to believe that my high settlement figure was due to rule 78 and never mentioned my policy was a single premium upfront payment and the reason my settlement was high.

Again perhaps i worded it wrong.:mad:

Just goes to show how much i really understood about this type of policy pushed onto me.

We live and learn ey!!!

di3004

I do think though the companies who know the FOS are unable to deal with our complaints are not likely to give in, but it makes me wonder if their answer would be different if we mentioned "court action" ?:rolleyes:

I would be no good working for a bank etc, and would feel a right Moo for doing this to customers who are highly likely pressured into making sure they sell the insurances etc.....

marshallka

I have sent my two complaints on two seperate loans into FOS about the co-op as well on one form. (should have used two seperate). One is for unfair rebate as it was sold prior to being GISC members and also before the FSA took over and one for misselling and this is within jurisdiction so lets hope they can take it on and look into it. I realise now that my complaint for unfair rebate will more than most likely be thrown out. There is so much conflicting advice on here at the moment that we really need help.

marshallka

We need a PPI complaints and FOS fact sheet (with dates on etc)

If your complaint is one that FOS can look into then there are rules that FOS has to follow and they are listed below

Your complaint has to be within jurisdiction of FOS in that if it was for misselling and prior to 14th January, 2005 then the company has to have been a member of GISC. (General Insurance Standards Council).

If it is after 14th January, 2005 then anyone selling insurance had to be regulated by the FSA so you are elegible to take your complaint to FOS.

Also all complaints have to have been made within 6 years of the event and 3 years of being reasonably aware that you have a complaint.

Here is a start and its all we really do know.

All other complaints are still elegible through the courts though....

di3004

Marshallka hun, I agree with all you mentioned in your above posts.

The whole thing of this actually issue is so confusing and there should be more information on GISC companies, like a register, this would save us a lot of work and it feels so discriminating if the issue of unfair rebates are not included especially when settling within jurisdiction etc.

I did read something about this before and think this actual calculating of rebates changed as from either March or May 2005, but cannot remember where I had seen this, I will see what I find, and post on here when I do, but yes hun, its so annoying.....:mad:

di3004

Just came across this:

http://www.opsi.gov.uk/si/si2004/20041483.htm

marshallka

di3004 wrote: »

Just came across this:

http://www.opsi.gov.uk/si/si2004/20041483.htm

I think that this would come under consumer credit complaints and not insurance refunds and if it is then FOS apparently can only deal with complaints about consumer credit if the credit was sold after April 2007.

Maybe someone else would like to confirm this.

di3004

marshallka wrote: »

I think that this would come under consumer credit complaints and not insurance refunds and if it is then FOS apparently can only deal with complaints about consumer credit if the credit was sold after April 2007.

Maybe someone else would like to confirm this.

Yes hun I think your right.;)

Just had another glimpse and it seems to be of what you said.;)

Di.
x

marshallka

If we pursue complaints to FOS against unfair terms in contracts and misrepresentation then surely these are consumer credit complaints and your agreements have to have been taken out after April 2007.

Where singlep says to pursue under unfair contracts and misreprentation etc does it mean through the courts and not through FOS????

Can someone confirm that to me.