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PPI Reclaiming discussion Part II

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Comments

  • marshallka
    marshallka Posts: 14,585 Forumite
    Laini wrote: »
    HiMarshallka Hi Di

    no job yet thats what has been keeping be busy.-looking for one!!

    Its my sons birthday party today -Quad biking so in the process of making party lunch boxes- its very wet today but the weatherman said it will brighten up and be about 20dgrees.
    The party doesnt start til 12 so lets hope it brightens up by then.

    still no news from Nemo or Barclaycard- maybe monday will bring us all some good news.
    Horoscope from Russell Grant says

    You could receive a generous insurance settlement, tax refund, or alimony payment. Spend this money on something wildly luxurious. You're long overdue for a treat. Depriving yourself of the finer things will only make you resentful. A relative may disagree with the way you handle your finances. It's possible they feel threatened by someone who appears to have lots of influence over your life. A power struggle could erupt if you don't set firm boundaries.

    may be its on its way!!!

    catch you later

    Laini xx
    ps
    you are doing a fab job I will join you later
    Have a nice day today Laini. Our party yesterday was a friends 11 year old daughter and it rained most of the day (on the barbeque:eek: ). Still we had a good time.

    Your horoscope looks good for you. Lets hope that the ombudsman puts a little bit more on top of your claim for putting you through it again.:D
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    hi I can't add any more than was in my post 4863 - to me if you've been in receipt of an unfair rebate the FOS will look at your complaint if the business came under their jurisdiction on the date the unfair rebate took place - the issue is complicated by whether the business was a member of the GISC and I've not seen anything definative as to whether a businesses membership of the GISC gives the FOS the power to examine unfair rebates prior to the business's coming under their 'true' jurisdiction - however, an unfair rebate is one of the 3 conditions the FOS will look at in respect to PPI - (no precedent has been set so each case will be examined on it's own individual merits) - so all I can suggest is that when it comes to a question of an unfair rebate you make your complaint to the FOS and let the FOS decide whether the business came under their jurisdiction when the unfair rebate took place. I

    f they can't look at it the you always have the option of taking you claim to the County Court !!

    I think they should make something definative about this issue in that people wait with complaints they take to the FOS and then by the time its probably looked into its time barred for the courts.

    Singlep wrote the following

    ""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. I am afraid you are pursuing the wrong route here.""


    Maybe there should be some hard and fast rules here.

    Just my view.

    In Di's case it seems that Endeavour were stating there were hard and fast rules and that Di's claim was certainly outside jurisdiction.

    thanks for the reply tiggrae.:D
  • Have recieved a reply from Loyds, the main bits are:

    "When the cover was applied, we sent you a policy dicument which:
    -made it clear that the policy was optional
    -set out the nefits available under the policy and how they would change during the period of cover
    -listed all significant or unusual exclusions orlimitations of the policy
    -set out your rights to cancel the policy within the cooling off period

    We have also sent you monthly statements which have shown the premiums charged and had you wished to query these or cancel the cover, yuo could have contacted us at any time.
    The payment protection cover has been provided for you and had you wished to make a claim, this would of course have been considered under the terms of your policy.
    I note from our records that you cancelled the cover on 19 July 2005 which would indicate you were aware that the cover was optional.
    In view of the above, we don't think you were mis-sold your payment protection cover and we will not be refunding the premiums charged."

    I claimed on the standard reasons of not having it fully explained or requesting it (and am claiming for 2002 -2005), is there any point in progressing this and asking for copies of the app. form/phone call???

    Thanks.
  • di3004
    di3004 Posts: 42,579 Forumite
    Have recieved a reply from Loyds, the main bits are:

    "When the cover was applied, we sent you a policy dicument which:
    -made it clear that the policy was optional
    -set out the nefits available under the policy and how they would change during the period of cover
    -listed all significant or unusual exclusions orlimitations of the policy
    -set out your rights to cancel the policy within the cooling off period

    We have also sent you monthly statements which have shown the premiums charged and had you wished to query these or cancel the cover, yuo could have contacted us at any time.
    The payment protection cover has been provided for you and had you wished to make a claim, this would of course have been considered under the terms of your policy.
    I note from our records that you cancelled the cover on 19 July 2005 which would indicate you were aware that the cover was optional.
    In view of the above, we don't think you were mis-sold your payment protection cover and we will not be refunding the premiums charged."

    I claimed on the standard reasons of not having it fully explained or requesting it (and am claiming for 2002 -2005), is there any point in progressing this and asking for copies of the app. form/phone call???

    Thanks.


    Hi there.
    Yes keep going at them, these letters you received are EXACTLY the same as what me and hubby received about the Lloyds TSB Credit Card, standard fob off letters.

    If this was your final response then fill in a FOS complaint form.

    My husband on one of his did not receive his policy documents until 3 months after he had his credit card, the statements were always late coming through the post and it was 2 months after he had taken it he had received his 1st statement - despite ringing them where he had made his payments over the telephone (not to fall behind), but did not see what he was paying for, so as you can imagine he did not know about the PPI until way after.......:rolleyes: .

    keep going hun.;)

    Di.
    x
    The one and only "Dizzy Di" :D
  • di3004
    di3004 Posts: 42,579 Forumite
    Laini wrote: »
    HiMarshallka Hi Di

    no job yet thats what has been keeping be busy.-looking for one!!

    Its my sons birthday party today -Quad biking so in the process of making party lunch boxes- its very wet today but the weatherman said it will brighten up and be about 20dgrees.
    The party doesnt start til 12 so lets hope it brightens up by then.

    still no news from Nemo or Barclaycard- maybe monday will bring us all some good news.
    Horoscope from Russell Grant says

    You could receive a generous insurance settlement, tax refund, or alimony payment. Spend this money on something wildly luxurious. You're long overdue for a treat. Depriving yourself of the finer things will only make you resentful. A relative may disagree with the way you handle your finances. It's possible they feel threatened by someone who appears to have lots of influence over your life. A power struggle could erupt if you don't set firm boundaries.

    may be its on its way!!!

    catch you later

    Laini xx
    ps
    you are doing a fab job I will join you later


    Hi there Laini.....:D .

    Wow your horoscopes look promising, good luck !:beer: :j

    Hope the weather's kind for the party hun and wish your lovely lad a Very Happy Birthday from us all...:j , and have fun.;)

    Catch ya lata.
    Di.
    x
    The one and only "Dizzy Di" :D
  • jax25
    jax25 Posts: 96 Forumite
    Hi, Am trying to claim this back for my mum, have sent the template letter found on here saying I believe it was mis-sold as she was retired when she took the policy, and the member of staff knew this, and have recieved a letter back saying...

    'As a retired person you are of course eligible for the policy. The policy provides that retired people will recieve (subject to their age) accident and sickness cover, critical illness, life cover, hospitalisation cover and positive job solutions.'

    And then it goes on to say No and speak to FOS if you want to take it further.

    Is it worth taking it any further? Has anyone had any similar experiences?
  • marshallka
    marshallka Posts: 14,585 Forumite
    jax25 wrote: »
    Hi, Am trying to claim this back for my mum, have sent the template letter found on here saying I believe it was mis-sold as she was retired when she took the policy, and the member of staff knew this, and have recieved a letter back saying...

    'As a retired person you are of course eligible for the policy. The policy provides that retired people will recieve (subject to their age) accident and sickness cover, critical illness, life cover, hospitalisation cover and positive job solutions.'

    And then it goes on to say No and speak to FOS if you want to take it further.

    Is it worth taking it any further? Has anyone had any similar experiences?
    And what exactly is the subject to age bit????

    Does it mention anywhere the exact age etc???

    I very much doubt that this will cover the retired age that the government goes by, ie state pension age. I will be very surprised if it does.
  • jax25
    jax25 Posts: 96 Forumite
    Have no idea what the age bit is, doesn't seem to mention that in the policy, from what i can make out from the policy she seems to be covered for critical illness and death cover, but as the loan is only in her name I can't see what use the death cover would be?
  • marshallka
    marshallka Posts: 14,585 Forumite
    jax25 wrote: »
    Have no idea what the age bit is, doesn't seem to mention that in the policy, from what i can make out from the policy she seems to be covered for critical illness and death cover, but as the loan is only in her name I can't see what use the death cover would be?
    Death cover would be to cover the loan if she died. Most people think that debt dies with you when in actual fact it does not. If she were to die the loan would be covered. (IF she is elegible to be covered in the first place)

    As regards the "age" thing. I would certainly find out what they define as "subject to age" because most policies do not cover you at state retirement. Some people do retire at an early age and its probably something to do with that. I think you need to go into more detail of the exclusions on the policy.
  • di3004
    di3004 Posts: 42,579 Forumite
    Almost completed my compensation form (FSCS), it will be posted tomorrow, recorded delivery.;)
    The one and only "Dizzy Di" :D
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