PPI Reclaiming discussion Part II

ellychokka

Hi.
They didnt really tell her she could get it cheaper elsewhere and she has income protection with her employers which she told them about at the time, but she did accept the policy and they sent her a "needs and demands" statement after her conversation so i dont think she's going to be able to go down that route. She just wants rid of it.
We've put a letter together this afternoon and are coming from the angle of them trying to financially diadvantage my mum by hiking up the apr, which of course the FSA says shouldnt really happen. I think they're just trying it on at the moment - we'll see what happens after we send the letter. If they maintain they're position we'll go to the ombudsman.
Thanks again

marshallka

shamrock7 wrote: »

Well the bad news is I signed the loan agreement on the 05/02/03 and the date for the FOS to take on this case is from 27/02/03!!!!. I spoke to them today.
:mad::mad::mad:
How unlucky is that! I therefore have to take legal action. Any advice??? Im fuming

That was the date that Welcome Finance were GISC registered was it???

That is sad. Have you settled the loan now??? What about an unfair rebate etc.... Tiggrae is still saying that FOS will look into these as per the date of the settlement. Perhaps you could ask them that and see if they will. There is always the courts route if not. Don't give up. I doubt you will.:D

marshallka

sarahc5388 wrote: »

cheers! will just send them the letters then - on the reply from teh sar people there is a bit saying that if i want phone records, i have to provide them with the dates - should i send that bit?

nice weather - if your a duck!!

How the bl**dy hell can you remember that dates of phone calls. I thought they had all them recorded. Firstplus seemed to provide them without asking for the dates although the ones that were applicable were blanked out after they answered.:mad:

Still got them in a sort of shorthand on paper though...:D

marshallka

ellychokka wrote: »

Hi.
They didnt really tell her she could get it cheaper elsewhere and she has income protection with her employers which she told them about at the time, but she did accept the policy and they sent her a "needs and demands" statement after her conversation so i dont think she's going to be able to go down that route. She just wants rid of it.
We've put a letter together this afternoon and are coming from the angle of them trying to financially diadvantage my mum by hiking up the apr, which of course the FSA says shouldnt really happen. I think they're just trying it on at the moment - we'll see what happens after we send the letter. If they maintain they're position we'll go to the ombudsman.
Thanks again

I hope you get somewhere for your mum. Its not nice to have your mum being fleeced.:mad:

sarahc5388

marshallka wrote: »

How the bl**dy hell can you remember that dates of phone calls. I thought they had all them recorded. Firstplus seemed to provide them without asking for the dates although the ones that were applicable were blanked out after they answered.

i think it's their way of fobbing me off - surely they will have to provide them to the fos though - or will they ask the fos to provide dates as well - lol!

marshallka

sarahc5388 wrote: »

i think it's their way of fobbing me off - surely they will have to provide them to the fos though - or will they ask the fos to provide dates as well - lol!

(LOL) Probably, i would ask the ICO about this one also??

singlep

ellychokka wrote: »

Hi.
They didnt really tell her she could get it cheaper elsewhere and she has income protection with her employers which she told them about at the time, but she did accept the policy and they sent her a "needs and demands" statement after her conversation so i dont think she's going to be able to go down that route. She just wants rid of it.
We've put a letter together this afternoon and are coming from the angle of them trying to financially diadvantage my mum by hiking up the apr, which of course the FSA says shouldnt really happen. I think they're just trying it on at the moment - we'll see what happens after we send the letter. If they maintain they're position we'll go to the ombudsman.
Thanks again

It is possible to treat income protection as different to PPI but unlikely on a contract of employment. However do not get into that argument. But your mother has been missold because a monthly premium would have been better. Write to them " I believe you are in breach of ICOB 4.3.6R as you should have considered cost as relevant to my mother's demands and needs and the lower cost of a monthly premium would have been more suitable."

marshallka

singlep wrote: »

It is possible to treat income protection as different to PPI but unlikely on a contract of employment. However do not get into that argument. But your mother has been missold because a monthly premium would have been better. Write to them " I believe you are in breach of ICOB 4.3.6R as you should have considered cost as relevant to my mother's demands and needs and the lower cost of a monthly premium would have been more suitable."

To the rescue again. Is it misselling then as the poster seems to think it is not. I would say it is...

singlep

marshallka wrote: »

That was the date that Welcome Finance were GISC registered was it???

That is sad. Have you settled the loan now??? What about an unfair rebate etc.... Tiggrae is still saying that FOS will look into these as per the date of the settlement. Perhaps you could ask them that and see if they will. There is always the courts route if not. Don't give up. I doubt you will.:D

It is misleading to make these statements without reference to the point of law when it is clear there is confusion between the CCA and ICOB complaint transitioning. FOS is unaware of any such rule but if there is a case at law please will someone confirm where it can be found. The unfair rebate rules only changed when the Rule 78 of the CCA was cancelled in 2006.

shamrock7

marshallka wrote: »

That was the date that Welcome Finance were GISC registered was it???

That is sad. Have you settled the loan now??? What about an unfair rebate etc.... Tiggrae is still saying that FOS will look into these as per the date of the settlement. Perhaps you could ask them that and see if they will. There is always the courts route if not. Don't give up. I doubt you will.:D

Thanks I'll try that! The loan was settled in Oct 2003 so maybe there is a chance. It's just the hassle of the legal route as very unsure but you are right I won't give up;)