PPI Reclaiming discussion Part II

singlep

marshallka wrote: »

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

I think that on the basis of the FOS PPI complaint uphold rate all SPPPI is misselling. There are few examples of compliant sales because almost always monthly is cheaper and more flexible if you change employment etc.

marshallka

singlep wrote: »

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.

So again we are confused here. Tiggrae would be best answering this again. I wish someone would tell us. I think each person needs to ring up the FOS and ask with each separate complaint. Apparently Tiggrae says it goes on the merits of each case. I am soo confused again.

She is adamant that everyone not being able to go for missold can then go to the FOS for unfair rebate if the rebate date was within jurisdiction of FOS.

singlep

shamrock7 wrote: »

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;)

You would not be able to win on the Unfair Rebate rules but you could win on Unfair Contract terms in so far as the firm did not act in your best interests in accordance with agency law and the Misrepresentation Act. You have to challenge the validity of the loan that paid the premium and not the ppi itself as that is out of jurisdiction.

singlep

marshallka wrote: »

So again we are confused here. Tiggrae would be best answering this again. I wish someone would tell us. I think each person needs to ring up the FOS and ask with each separate complaint. Apparently Tiggrae says it goes on the merits of each case. I am soo confused again.

She is adamant that everyone not being able to go for missold can then go to the FOS for unfair rebate if the rebate date was within jurisdiction of FOS.

OK then all she has to do is tell us where we can find the rule or legal guidance. If she is right why does it matter if firms were members of GISC as all pre 05 complaints would be valid? You could claim unfair rebate under CCA Rule 78 but not in the description here. Help.

lauren2889

Hi,

I posted this on another thread but now realise that this is the right place and hope someone knowledgable can help!

I just rang lloyds to cancel my PPI, the guy I spoke to didn't sound very happy that I was cancelling it.

So now I'm going to try and reclaim my PPI because I only work 5.5 hours a week and if I'm understanding right, you need to be working over like 8 hrs a week for it to be valid. Please correct me if I'm wrong!

But the question I wanted to ask was on the PPI template letter you have to put the address of the people who sold you the card/insurance. Do I put Lloyds' general address or the branch I got it from?!

Sorry if the answer seems really obvious! Thanks

marshallka

singlep wrote: »

OK then all she has to do is tell us where we can find the rule or legal guidance. If she is right why does it matter if firms were members of GISC as all pre 05 complaints would be valid? You could claim unfair rebate under CCA Rule 78 but not in the description here. Help.

So if you had a loan that had ppi on it and then was missold BUT could not go to the FOS for misselling then you have to ask FOS if they will look into your contract under unfair rebate ONLY if you had your rebate calculated using rule 78???? (ie pre 2005).

Could you not go for unfair rebate then on whole loan as well???? That is what i wanted with FIrstplus as my settlement was calculated using rule 78 but Firstplus told FOS that they could not look at it because of the dates. I must admit i did not understand that my policy upped the settlement in that it was front loaded also. The FOS did not use the GISC thing in this complaint only the date that the FSA took over.

Then if you are complaining about the loan that paid the ppi does this not then bring your complaint into the conumer credit complaints in that the FOS cannot look into it unless it was after April 2007 that you obtained the loan???

Surely the FOS would understand that we are not professionals at this and that we are complaining about an incident that took place at the date of our settlement in that we paid too much for the PPI premium that we did not know was a front loaded single premium and also had interest on to the full term of the loan. We are only asking for them to make the rebate a little fairer to us. On the FOS form it states the date the incident happened and if it happened at settlement then that is the date we put. We as non professionals have called it unfair rebates on loans (whether it be loans for ppi or the loan itself). I would like more people to be able to challenge the rule 78 full stop as it was deemed as unfair by the FSA and if it is unfair now then it was unfair then and if the limitations act does not apply then we should be entitled to challenge it. (providing the firm is within jurisdiction of course)

Rant over.

Now i have been looking at the FOS site and leaflets and as i understand FOS has always been able to look into Consumer Credit complaints that were covered in the FSMA or the CCA 1974. Does that mean that FOS can really look at anything that you have a complaint about but you just have to be careful how you word it and find the laws applicable to your complaint and make sure the company was FSA registered too. The april 2007 consumer credit complaints took over from the dated 1974 and FSMA. Am i getting it now or am i still way out?????

maxdp

lauren2889 wrote: »

Hi,

I posted this on another thread but now realise that this is the right place and hope someone knowledgable can help!

I just rang lloyds to cancel my PPI, the guy I spoke to didn't sound very happy that I was cancelling it.

So now I'm going to try and reclaim my PPI because I only work 5.5 hours a week and if I'm understanding right, you need to be working over like 8 hrs a week for it to be valid. Please correct me if I'm wrong!

the question I wanted to ask was on the PPI template letter you have to put the address of the people who sold you the card/insurance. Do I put Lloyds' general address or the branch I got it from?!

Sorry if the answer seems really obvious! Thanks

Can you tell us the year you took the Loan out have some Terms and Conditions here. Beware of asking for copies as they just send you latest T and C's and things have been changed.:D Sorry just re-read it was a PPI on a CC not a Loan.

If it was a CC they should just cancel it. I have this term which is Tough Titty so I would apply that to them

martin's_little_pupil

Hiya all,

I'm a very good friend and confidant of Di3004 and i'm just relaying a message from Di3004 to say she is really sorry but she is unable to get online at present as her lappy has died on her for some reason and she is in the process of getting it looked at, so if you could all bear with her for the time being and any unanswered pm's she will deal with as soon as she is physically able to return;)

If there are any important things that can't wait for her return then she has asked if you would like to pm me with them and then I will relay everything to her via the phone and then I will get back to you with her answers;)

Thank you!

pinknico

I have another question regarding PPI that I would like some help with please. In my demands and needs section it says that one of the reasons I was offered this PPI was because of the hospitalisation part, loan gets paid for that month and daily after 7 days. But in the small print at the back it says hospitalisation is only for those aged 65 to 70. I am 38 and my husband is 44. Where do I stand with this ?

di3004

Hi there folks and thanks to my mate "Martin's Little pupil" for leaving a message here for me.

Right now I am borrowing mum's lappy, my own lappy has died..:mad: , so yep time for a new one.....:rolleyes: .
Need to check a few things out and I will be back.;) :j .

Di.
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