PPI Reclaiming discussion Part II

marshallka

Update on mine.

Firstplus passed my complaint with them to the broker (or a broker) as my orginal broker was Freedom Finance and they have passed it to Bespoke Finance in Gibraltar. I have today received a letter from Bespoke and it states that they will not look into it. They say

"A booklet was sent out from Freedom Fiance outlining the benefits and conditions of the optional payment protection policy, it also stated that the term of the policy was 5 years. This booklet was designed by your loan lender and issued by Freedom Finance prior to the signature of the credit agreement. Employees joining the business are briefed and assessed at induction on their understanding of the payment protection products and would of been keen to answer your questions.

Our records indicate that you signed the credit agreement to include ppi to cover your loan. The agreement stated that signing the document confirmed that you had read and understood the ppi summary and the premium for the insurance was added to the loan and paid for with monthly installments.

Based on this information we are unable to uphold your complaint."

I have written to Freedom Finance (as i refuse to deal with Bespoke as i have never heard of them) myself on Friday but looks like this is the response i will get again to that letter.

It also states Freedom Finance was not required to be authorised and regulated by the FSA

Where do i stand now.

mlucyminx

can anyone give me some advice please?

I Wrote to blemain finance regarding ppi on 2 separate loans. wrote two seperate letters with relevent account number on. one was for about two and a half thousand and the other for just under 900 pounds. (so far they have only acknowledged the small one.)

Anyway my reasons were self-employed and that it was a single premium and i paid loans up early. and that i wasnt told it was optional and i was led to beleive it was part of loan.

had a response basically telling me i had paperwork telling me it was optional and had a right to withdraw. it tells me to contact blemain direct to cancel policy to receive a rebate premium.

I then wrote back using template letter to say i wasnt satisfied.

They have now rung me to ask why im not.

i put them off saying that i was just on my way to school but was wondering what to do next. I dont want to discuss on phone cos they baffle me with their big words and speil. I want to keep every thing through letter form. So do I write again and list the things again? and state i want everything done by letter.

Would very much appreciate some help.

And sorry its so long winded

m.colak

marshallka wrote: »

Update on mine.

Firstplus passed my complaint with them to the broker (or a broker) as my orginal broker was Freedom Finance and they have passed it to Bespoke Finance in Gibraltar. I have today received a letter from Bespoke and it states that they will not look into it. They say

"A booklet was sent out from Freedom Fiance outlining the benefits and conditions of the optional payment protection policy, it also stated that the term of the policy was 5 years. This booklet was designed by your loan lender and issued by Freedom Finance prior to the signature of the credit agreement. Employees joining the business are briefed and assessed at induction on their understanding of the payment protection products and would of been keen to answer your questions.

Our records indicate that you signed the credit agreement to include ppi to cover your loan. The agreement stated that signing the document confirmed that you had read and understood the ppi summary and the premium for the insurance was added to the loan and paid for with monthly installments.

Based on this information we are unable to uphold your complaint."

I have written to Freedom Finance (as i refuse to deal with Bespoke as i have never heard of them) myself on Friday but looks like this is the response i will get again to that letter.

It also states Freedom Finance was not required to be authorised and regulated by the FSA

Where do i stand now.

Hiya,

Their right of course (to a limit of right). If they are unregulated then you could possibly enquire when they became members of the GISC as they were the previous body before the FSA and if they adhered to their guild lines. If they did then could they provide records of the training given to the persons selling said PPI to yourself in reference to the Loan and a complete breakdown of said training. If they can't or will not provide said details then under law this is in contri to the Finance and Marketing Act 2000 paragraphs 25 through 27 where it states that the contract is null and void if sold by an unauthorised person (Whom the person selling the Insurance Premium to you would have been).

m.colak

mlucyminx wrote: »

can anyone give me some advice please?

I Wrote to blemain finance regarding ppi on 2 separate loans. wrote two seperate letters with relevent account number on. one was for about two and a half thousand and the other for just under 900 pounds. (so far they have only acknowledged the small one.)

Anyway my reasons were self-employed and that it was a single premium and i paid loans up early. and that i wasnt told it was optional and i was led to beleive it was part of loan.

had a response basically telling me i had paperwork telling me it was optional and had a right to withdraw. it tells me to contact blemain direct to cancel policy to receive a rebate premium.

I then wrote back using template letter to say i wasnt satisfied.

They have now rung me to ask why im not.

i put them off saying that i was just on my way to school but was wondering what to do next. I dont want to discuss on phone cos they baffle me with their big words and speil. I want to keep every thing through letter form. So do I write again and list the things again? and state i want everything done by letter.

Would very much appreciate some help.

And sorry its so long winded

Yes always get the replies via letter or state in your letters that all correspondance is to be by letter. If they phone you then tell them the same that you will not communicate the case via phone (Provides an audit trial and as evidence). Have you ask for a SAR including all phone conversations related to the case previously? Also in this will be the terms and conditions of the loans which you can then directly state against.

mlucyminx

what are sars? should i do this next?

marshallka

m.colak wrote: »

Hiya,

Their right of course (to a limit of right). If they are unregulated then you could possibly enquire when they became members of the GISC as they were the previous body before the FSA and if they adhered to their guild lines. If they did then could they provide records of the training given to the persons selling said PPI to yourself in reference to the Loan and a complete breakdown of said training. If they can't or will not provide said details then under law this is in contri to the Finance and Marketing Act 2000 paragraphs 25 through 27 where it states that the contract is null and void if sold by an unauthorised person (Whom the person selling the Insurance Premium to you would have been).

thanks for that. Our loan was taken out in Jan 2000 so this law wouldn't be able to be apllied here would it.

mlucyminx

have just re-read martins advice again and i forgot to send a copy of my original letter with the secong copy. would i be as well doing this again saying further to your telephone request and add a footnote stating all corrospondence through letter only?

sorry to be a pain but i want to get this right

nova

Hi, lm wondering if anyone can help. lm trying to reclaim ppi from a store card with creation financial services,they said l cant be refunded as l ticked the employed box (which they did on my behalf) l did say l was a housewife and full time mum but the shop assistant said dont you do any work? l replied only help out occassionally in a friends salon in return for a hair cut and she said well we'll put that down then you'll get the store card (which l really didnt want anyway) If l had try to claim on ppi (which l would'nt because l was'nt working) they would have refused.So where do l stand, it looks like they're saying l was lying when l was in fact conned into it. ls it my word against theirs,or should l forget it, the refunds would infact clear the card or shall l try mcol?
Thanks in advance

homer_j_3

m.colak wrote: »

Hi homer_j,

I understand what you are saying that some loans wouldn't be enforceable due to incorrect paperwork but i personnally believe this should only be used in a method to reclaim PPI or disproportional rebates. I don't think people should deliberatley attempt to go down this way unless they are absolutely one hundred percent sure that they will win.

I went to a hearing recently and the judge said that even though the box for PPI was ticked digitally it was my fault for not reading the contractual agreement properly. It is a case of attack this under extreme caution in all case's. The last thing you want is the same events as the Bank Charges where the FOS/OFT get involved and all case's are held for nearly a year.

As for the company being the broker/intermediary as i stated before there is rules and regulation determine the proper conduct of business which weren't regulated, or were regulated properly, previously on this thread. Ie the person selling you the policy has to have undergone training and been a registered member of the GISC (Or similar regulated body) to authorise the advice/selling of said policy.

Clearly you are spending a lot of time on this and helping people out with the reclaim. I am just thoughtful of this and the sites aims in trying to level the playing field with these big companies etc.

I believe that people may be missing a trick here and you are right in the sense that the approach that has to be made and whilst you refer to the bank charges, the current case aim was to seek clarification on whether these charges fell foul of certain laws (in its simplist level of explanation).

Where we are talking about the CCA 1974, this kind of case has already happened and I believe that there is sufficient evidence to prove on this site and other consumer sites that these loans can be unenforceable.

Where natural caution appears is where the person who is trying to enforce these laws which make their agreements unenforceable do not have sufficient expertise and confidence to do this.

With regards to lenders acting as intermediary - I also believe that there is case law which backs up what I said there too.

My point and recent inclusion of this post is purely because one of my clients has asked me to help them put a claim in for their unsecured loan bit on their mortgage. My investigations into this matter brought a lot of information to my attention which I can only say "shocked" me to the fact that these lenders have gotten away with so much upto now.

Clearly these things are never simple and I understand that even the most consumer savvy person will struggle to ensure success in this area but I believe that a result could be made with proper legal advice.

m.colak

mlucyminx wrote: »

what are sars? should i do this next?

Check three pages back for Laini's version for a SAR it is very good:D . Basically its a request for all information the company has on you including transcipts of phone conversations, internal memo's terms and conditions etc. Once you have this bulk load of information you will find it easier with reference to certain parts of the thread to find the documentation to successful proceed with your case.