PPI Reclaiming discussion Part II

maxdp

Totally agree with what you are saying about borrowing money you should pay it back.

Another thought. You are desperate and need to borrow money so you go to your local bank. They say yes of course we will but only if you take out this PPI which is going to cover you if you are of sick or work etc etc. Sign here (big grin thinking thats another sucker paying for my holiday). You cannot afford this extra and get into further problems so take our credit card, which also has PPI already ticked in box, you then get into difficulty cause you are off sick because of ongoing medical problems. You go to claim at your friendly local branch. Sorry they say you are not covered. You should have checked your paperwork. Ther onus is on you to make sure the paperwork is correct before you signed.

You then have to take out an overdraft, hmm they say (big grin back again - more holiday bonuses) only if you have PPI which will cover you for this that etc. In financial difficulty so only thing to do to keep wolf from your door. Get yourself in debt.

Read that you can reclaim PPI for mis-selling, front loaded,medical issues etc. Not feeling able to tackle these giants, you go on the advice of somebody else to get it checked out. They find that yes this was mis-sold and that they did not check their paperwork correctly and the onus was on them to do this.

Now do you take that opportunity of getting yourself out of debt and keep your house and a roof over your kids head.

That is a hard decision what would you do?

I think morality is a huge issue and everyone has their reasons for doing what they do. I think we have to keep an open mind.

I think if people take our PPI and anything else of a similar nature with the full knowledge of what they are doing then they should not then try to jump on the bandwagon and make false claims.

Just wanted to put another point of view on here

di3004

Just an update.......

Postman been and gone but no letter from Endeavour yet, think I will double check on the copy of the letter sent, to check the date, 7 days were given because they had already 14 days before this which was obvious it was not read properly.

Will let you know as soon as.....;)
Would you include the weekends in the 7 days folks ?
Because don't these companies run 7 days a week which I would call them working days if that is the case......:rolleyes:

maxdp

di3004 wrote: »

Just an update.......

Postman been and gone but no letter from Endeavour yet, think I will double check on the copy of the letter sent, to check the date, 7 days were given because they had already 14 days before this which was obvious it was not read properly.

Will let you know as soon as.....;)
Would you include the weekends in the 7 days folks ?
Because don't these companies run 7 days a week which I would call them working days if that is the case......:rolleyes:

Hi Di

Think usually working days when you want something from them. Including weekends if they want something from you:rotfl::rotfl::rotfl:

di3004

maxdp wrote: »

Hi Di

Think usually working days when you want something from them. Including weekends if they want something from you:rotfl::rotfl::rotfl:

lmao, your not wrong there hunni lol.......:rotfl: :rotfl: :rotfl:

di3004

This is the letter sent at first dated 30th July, they must have either not read it as this is the complaint about the "unfair rebate" and not that of mis selling:

Dear Sirs

With regards to the above, upon early settlement of my Loan in November 2005, I only received a small proportion of the rebate against the Loan/Payment Protection Insurance which I believe to be unfair under the ‘Unfair Consumer Contract Terms Regulations 1999, especially considering this policy was taken over 25 years and settled only one year later.

I am also aware the FSA have stated companies should provide a fair refund upon early settlement.

Also, as only a small proportion was rebated, yet your marketing state ‘if you settle early you may be entitled to a refund, in my opinion I did not receive a refund and believe this statement to be mis-leading and amounts to Negligent Misrepresentation under the 1967 Misrepresentation Act.

In summary, I do not feel I was treated fairly, should you fail to uphold my complaint by which I believe you Unlawfully deprived me of approximately £3722.68, if this amount plus 8% Statutory Interest is not forthcoming, upon receiving your final response, I will without further notice take my complaint to the Financial Ombudsman service, on the grounds of Unfair Settlement Rebate.

I look forward to receiving your response within 14 days of this letter.


Yours faithfully

..........................................................................................................................
And this is the letter sent dated 14th August:

Unfair Rebate Reclaim/
Account Number:

Dear

I refer to your letter dated 12 August 2008 in which you stated that my “new complaint” of an “unfair rebate” of the policy that we had with yourselves fell outside the Jurisdiction of the Financial Ombudsman Service.

I have today received some advice about this matter and it has been confirmed to me as the complaint is about the “settlement” of the policy and the date of my settlement of this was November 2005 then this is a matter that the Financial Ombudsman service will be able to assist with.

I am surprised by your little knowledge on this matter, and just in case you receive any similar complaints then I suggest that you get the facts right before actually writing to customers with this misleading information.

Please read my letter dated 30th July 2008 again where you will note that this is about an “Unfair Settlement” which had taken place in November 2005.
I have enclosed a copy of this letter for your records.

As this event had taken place in November 2005 when settling this product, I request for you to reconsider this complaint as a “New complaint of unfair rebate Settlement” and uphold this complaint as and refund what is due to me and that also of 8% of what a court would award.

Due to this reason of “unfair rebate settlement” and the misleading information on your letter dated 12 August 2008 I am aware the Financial Ombudsman Service will be able to adjudicate in this matter and also the FSA started regulating on 14 January 2005 where this definitely comes into regulation of Jurisdiction of the Financial Ombudsman Service. So I am now preparing to take this further to these, so if you could respond within 7 days of this letter as this complaint has already been over the requested time going from the letter 30th July 2008, and I believe these 7 days are fair from the date of this letter, in order to give you a chance to add anything further or for you to resolve this matter, I enclose copies of all correspondence.

Please refer to my letter dated 30 July 2008, and reconsider this request for a refund.
I look forward to hearing from you within 7 days of this letter.

Yours sincerely
....................................................................................................
And not a reply as yet.:rolleyes: Personally I think by the time they receive it, we should hopefully hear something in tomorrow's post, if this is not resolved hubby wants to start making some arrangements for court.;)

maxdp

Think Fridays are a good day to send letters out.

Hopefully fingers crossed they will respond tomorrow.

If you send it to the FOS they wont do anything anyway till you get FINAL RESPONSE. Sure you know that anyway, but when I sent letter in before FINAL RESPONSE, FOS wrote asking them to send their final response which they did quickly.

di3004

maxdp wrote: »

Think Fridays are a good day to send letters out.

Hopefully fingers crossed they will respond tomorrow.

If you send it to the FOS they wont do anything anyway till you get FINAL RESPONSE. Sure you know that anyway, but when I sent letter in before FINAL RESPONSE, FOS wrote asking them to send their final response which they did quickly.

Cheers Maxdp.;)

The problem I have here really was that the letter we received last week which was why I sent the letter dated 14 August to them was because they stated it was a final response, but they did not read the complaint letter properly dated 30th July, I added this on here last week, and of course these were not under jurisdiction when taking out this loan but they were when this was settled.

The very first letter sent approx 2 months ago it was then about mis selling, but I was told to go back to the broker (who had dissolved in 2006), I then realised when this was settled in 2005 that the rebate was quite low, so adding that info on here it was suggested that we try to pursue the lenders Endeavour of the settlement unfair rebate as the FOS maybe able to investigate this if they were covered when we had settled this.

It was only because I had paperwork sent to me when requesting for a SAR about 3 months back that I realised this, they would not provide anything to me free of charge so a SAR had to be done in this case because I had hardly anything in documents to work by.

Anyway, the reply we received last week states that was final and we were unable to take it to the FOS, but it was obviously not read properly because she had brought up issues of the very first complaint of mis selling when this latest one was a brand new complaint about "unfair rebate" only.

Phew.........sorry but did that make any sense ? lol.:D

Yes MAYBE we will hear something tomorrow, and your right Fridays do seem to be the best days all week to receive letters, and of course its bank holiday Monday next week.....:rolleyes:

Cheers
Di.
x

maxdp

di3004 wrote: »

Cheers Maxdp.;)

The problem I have here really was that the letter we received last week which was why I sent the letter dated 14 August to them was because they stated it was a final response, but they did not read the complaint letter properly dated 30th July, I added this on here last week, and of course these were not under jurisdiction when taking out this loan but they were when this was settled.

The very first letter sent approx 2 months ago it was then about mis selling, but I was told to go back to the broker (who had dissolved in 2006), I then realised when this was settled in 2005 that the rebate was quite low, so adding that info on here it was suggested that we try to pursue the lenders Endeavour of the settlement unfair rebate as the FOS maybe able to investigate this if they were covered when we had settled this.

It was only because I had paperwork sent to me when requesting for a SAR about 3 months back that I realised this, they would not provide anything to me free of charge so a SAR had to be done in this case because I had hardly anything in documents to work by.

Anyway, the reply we received last week states that was final and we were unable to take it to the FOS, but it was obviously not read properly because she had brought up issues of the very first complaint of mis selling when this latest one was a brand new complaint about "unfair rebate" only.

Phew.........sorry but did that make any sense ? lol.:D

Yes MAYBE we will hear something tomorrow, and your right Fridays do seem to be the best days all week to receive letters, and of course its bank holiday Monday next week.....:rolleyes:

Cheers
Di.
x

Oops did not read properly:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::D

I have read it again and it did make sense. Have been bit distracted one on the Olympics and secondly my daughter has gone to Reading Festival for the weekend and I had to pick up her GCSE result today and she will not let me open them:mad:

She does not get back until Monday. Have tried steaming and holding up to light but cannot see anything through envelope. Have also tried threats and bribery that has not worked.

Have tried to make cat sick on envelope so i can "save" the contents, just the one time you want cat to be sick not a fur ball in sight.

Have threatened to have her taken in for mental health assessment or declared Gillick competent she said if I do she will post not very nice photo she took of me in garden when tipsy and tripped into flower bed.:rotfl::rotfl::rotfl::rotfl:

What is a mother meant to do:D

marshallka

maxdp wrote: »

Think Fridays are a good day to send letters out.

Hopefully fingers crossed they will respond tomorrow.

If you send it to the FOS they wont do anything anyway till you get FINAL RESPONSE. Sure you know that anyway, but when I sent letter in before FINAL RESPONSE, FOS wrote asking them to send their final response which they did quickly.

What we all ought to do is send our complaints into FOS and let them get the final response as most of them are always "no" then this would speed up the process and save on the postage for us.:D

maxdp

marshallka wrote: »

What we all ought to do is send our complaints into FOS and let them get the final response as most of them are always "no" then this would speed up the process and save on the postage for us.:D

Quite agree:D