PPI Reclaiming discussion Part II

Laini

Anne.Jade wrote: »

Yeah, I had two loans with them as mentioned earlier and both Agreements are the same with the separate box to sign for the PPI, they may have changed it as you said as I think yours was after my two.

Had another look at the CD they sent me and actually the second application loan conversation was on there. I actually said to the guy "no I don't want the insurance, I am sure I could get it cheaper elsewhere" he then said "all I can say is that you won't get your premiums back after five years" so I said "ok I'll have it then". Don't know about you but I think that was pushy and made me feel that I couldn't say no. Also I was doubly covered on the life insurance side as I had life insurance and death in service benefit.

I also think that I may report FirstPlus to their regulating body for letting me have a loan over 25 years when I was due to retire in 17 years, I'm going to threaten them with this anyway as I don't think they are allowed to do that. When I remortgaged with Halifax they wouldn't let me have it over a longer term and asked how I would pay it when I retired. The Firstplus rep didn't care. I mentioned it in my letter to FP but they have totally ignored that point in their reply. This is the conversation they haven't sent me but I remember it well.

When you apply for a SAR do you just refer to it as a SAR or do you have to specifically say what information you want from them?

as m colak has said the letter template I posted requests they give you all info on your account including any notes they may have you dont know about -so its worth asking for.
you should receive it within 40 days or you can report them.

it sounds like you have a good case on the loan and ppi.concerning your age.

for example
my dad had been offered/pushed into PPI on a credit card but wasnt eligible so they had to refund his payments when they realised (not my dad) he was over the age limit and even if they had given him it upto ten year previously he was on invalidity with a heart condition .(this was a few years ago- my dad passed away 18months ago at the age of 72).
so it just shows you they dont take any notice of your details they just want your money.
if you need any help with letters just shout.
this is an example if you were wanting to settle the loan early

I am writing with regards the rebate given on the early settlement I still believe this to be an unfair rebate.

This is due to :-

Non-status lending guidelines for lenders and brokers revised November 1997
I directly quote: "any ancillary charges (for example, on default or early settlement) should be brought to the attention of the borrower before the agreement is entered into and should reflect as closely as possible the costs reasonably incurred by the lender and not already recovered at the time when the charges are made."
I believe that you/the company were in direct violation of this guideline and the rebate does not reflect the possible costs incurred

Again I also back up my belief that the rebate is unfair with the unfair rebate terms. The Financial Services Authority has stated partial refund terms to be unfair under the Unfair Terms in Consumer Contract Regulations 1999. They state that refunds should be ‘calculated fairly’ after taking into account ‘justifiable costs’. Therefore I do not believe the rebate given was fair.

£XXXXX added to the loan as a single premium payment, interest was being paid on top of this value and a number of monthly payments being made on top of this, a rebate given of £XXXXX does certainly not seem fair as it is disproportionate in accordance with the FSA ruling on disproportionate rebates.

If I do not receive a letter from you offering a satisfactory settlement or a final response within 14 days I shall be taking my complaint to the Financial Ombudsman.

goodluck
lol
Laini xxx:j

Annie021063

Could someone please post the link for the PPI templates - I can't find them anywhere

angelwillow

http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

If you look at this page it should help you - just move down the page to get what you need.

Laini

Annie021063 wrote: »

Could someone please post the link for the PPI templates - I can't find them anywhere

http://www.moneysavingexpert.com/redir/7a40ea2f

Kaia_2

TwinsMum wrote: »

I have received my cheque from FirstPlus for £2083.00, £250.00 to follow for 8% interest. A huge thank you to M.Colak for helping me through this and all the others who have offered support I will stay onboard to see if I can help others. Over £9000 came off loan for misold PPI awaiting new monthly payments.:beer: :beer: :j :j :T :rotfl:

Well done Twinsmum,
congratulations !!! I'm so pleased for you.
:T :T :T :T :T :T :T :T :T :T :T :T :T :T :T Hip hip HOORAY!!!
Kaia

Kaia_2

UPDATE.....
Had a letter Saturday morning from the court to say that my claim against Freedom Finance was issued on 8th May and deemed to be served on the 10th of May.
They have until the 26th May to reply.

TwinsMum_2

jonnypb wrote: »

I haven't heard anything from them

I would then send off your second letter and see what happens and explain that you have already send them the first letter and have received no reply hope this helps you.

m.colak

Kaia wrote: »

UPDATE.....
Had a letter Saturday morning from the court to say that my claim against Freedom Finance was issued on 8th May and deemed to be served on the 10th of May.
They have until the 26th May to reply.

Thats good news Kaia. I will say one thing though Give it three weeks before you issue a judge by default because after my hearing i was informed that a significant period for them to respond is deemed at three weeks and if they haven't filed a defense by then the Judge will decide In your favour if they try and get the judgement over ruled and taken back to court.

m.colak

TwinsMum wrote: »

I would then send off your second letter and see what happens and explain that you have already send them the first letter and have received no reply hope this helps you.

This is one of the reasons to use special/recorded delivery it means you get a signature of receipt (which you can view online), date received and it also means they have no excuse's.

Kaia_2

marluc wrote: »

Morning everyone.
My court date has come through against Freedom Finance for the 1st July. (I had a sleepless night last night). I didn't realise I have to pay £300 to the court by the end of May
Anyway, my main worry and questions for advice off this brilliant forum are.. the court letter states to send copies of all documents to all parties. Does this mean to Freedom Finance and their solicitors as well as court? This may sound stupid, but what documents? The ones I have from when I took out the loan or do I include the relevant sections from the Acts that i quoted on MCOL eg Misrepresentation Act etc and do they mean all the letters that I wrote to Freedom Finance to try and get PPI back? Should they be sent recorded delivery?
Tiggrae did suggest previously that i should request from the solicitors -all procedures in place at the time of sale of policy to ensure they conform to good practise. I did write to them, but have heard nothing. Will they have to forward to me that info?
I'd be very grateful for any help on this one. Thanks in advance.

Hi Marluc, so you have the date for court then, is that at your local court?
This fee of £300 is that to take you through the next stage, will there be further fees or is that it , do you know? and will you be able to get this fee reimbursed as well???
My claim was served on FF yesterday, so I have all this to come, I am about 4 weeks behind you, so I am following your case with great interest (....and sending you positive vibes )
Are you going to represent yourself in court or taking on help?
Kaia