PPI Reclaiming discussion Part II

di3004

tiggrae wrote: »

you'll really got to give them 8 weeks before you can do anything, unless they've already given a final response. The FOS will reject a claim if you haven't given the business a full 8 weeks to respond. Patience is the name of the game I'm afraid

Thanks Tiggrae.

The only final response we did have was when we did complain about the mis selling side of things, but as you know now this one is a brand new complaint about the "unfair rebate".;)

di3004

marshallka wrote: »

She has received what they said was a final response to the misselling but resubmitted the complaint under unfair rebate to which they have not responded as yet. So really she had got to wait another 8 weeks again:eek:

This does make me wonder now this is a brand new complaint (unfair rebate), they did not even get to look through the first letter about this as they were still classing it has the older compliant, I did add the copy of the letter on here.
The letter received from them was dated the 12th August, and I had sent the letter you sorted out for me tiggrae.;) That was the response of the first letter I sent. (helped by yourself)

Marshallka added a copy here earlier of the letter you sorted out for me and this was weeks ago, the 2nd one I also added here earlier too, but I only given them 7 days as then I believed they should have taken time to read the first letter by realising it was about the unfair rebate and not that of mis selling.;)
They added then it was final without checking it out obviously.....:eek:

marshallka

di3004 wrote: »

This does make me wonder now this is a brand new complaint (unfair rebate), they did not even get to look through the first letter about this as they were still classing it has the older compliant, I did add the copy of the letter on here.
The letter received from them was dated the 12th August, and I had sent the letter you sorted out for me tiggrae.;) That was the response of the first letter I sent. (helped by yourself)

Marshallka added a copy here earlier of the letter you sorted out for me and this was weeks ago, the 2nd one I also added here earlier too, but I only given them 7 days as then I believed they should have taken time to read the first letter by realising it was about the unfair rebate and not that of mis selling.;)
They added then it was final without checking it out obviously.....:eek:

I would take your first date from the first letter and give them 8 weeks from then. It was not your fault that they did not read this letter. So how long is that then now Di?? Going from the letter that they did not even bother to read.?? Although they actually sent a final response to this one too

lady123_2

marshallka wrote: »

Were Egg members of the GISC before 2005?? This is what we have to find out here or its a matter for the courts. As this was actually taken after 14th January, 2005 when the FSA started to regulate then your only other hope is that they were members of the general insurance standards council before that date and at the date you had the PPI applied. Will try to find out and get back to you. All this is for the complaint to be taken to the FOS if they dosay that it was applied correctly.

Thx for your kind response, but i haven't a clue if they were members or not, all they are telling me is i ticked the box to take out ppi and its my fault i never told them my job ended in July 04, they say that the ppi i have been paying since July 04 is not going to be refunded as i should have told them i wasn't working, HELPPPPPPPPPPPP,LOL

di3004

Yes I think so too because I would count 8 weeks as from the first letter in that case dated 30 July 2008, but anyway I was thinking about sending a further letter to state this about going from the ist letter date, and maybe if I mention about the court in this one too it may help.;)

Here is the letter dated 12th July I received from them and then below the first letter Tiggrae helped with. And of course the other one (2nd letter) was what I posted here earlier. The letter here from them though is obviously nothing to do with the letter below, but of an older complaint about mis selling.

Dated 12 August 2008

Dear

Acc: XXXXXXX

Thank you for your letter dated 30 July 2008. I am concerned to learn that you are not completely satisfied with Mr XXXXXXXX (compliance manager's) response to your complaint. In accordance with the bank's complaint handling procedure, the matter has now been referred to me for my independent review.

Having completed my own queries, I must advise that I fully support the comments made in Mr XXXXXXX (Compliance Manager's) response 3 June 2008.

Your comments have been noted and I would refer to Mr XXXXXXX (compliance manager's) letter dated 3 June 2008, and I would reiterate this letter constitutes our final response, and no further correspondence on this matter will be entered into. The letter stated that you have reached the end of our internal complaints procedure.

I have noted your comments that you will be referring your complaint to the Financial Ombudsman service;, however I can confirm that as you purchased your policy prior to the introduction of the Insurance Code of Business regulations on 14 January 2005, I regret that the Financial Ombudsman will be unable to adjudicate in this matter. In addition, prior to 6 April 2007 and the introduction of the Consumer Credit Jurisdiction leglislation, Endeavour Personal Finance was not a member of the Ombudsman scheme. As your complaints relates to an event which took place prior to 6 April 2007, the Financial Ombudsman Service would be unable to adjudicate on a complaint against Endeavour Personal Finance.

Yours sincerely

Department Manager.
.................................................. .................................................. ....................
This was the letter sent to get that response above from them and I cannot see why they are still thinking this is about mis selling, when my letter here below mentions nothing about mis selling;

30 July 2008
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

marshallka

lady123 wrote: »

Thx for your kind response, but i haven't a clue if they were members or not, all they are telling me is i ticked the box to take out ppi and its my fault i never told them my job ended in July 04, they say that the ppi i have been paying since July 04 is not going to be refunded as i should have told them i wasn't working, HELPPPPPPPPPPPP,LOL

For now get them the misselling letter sent in if you have not already done so. Then we can take it from there. They will have to send you their final response for anything else to be done here. All is not lost yet but we still have to find out if they were members of the GISC at the date of your PPI. I will try to look on google but it may be worth you ringing the FOS to find out tomorrow and ask them what date it was (if they ever were???). If they were members at the date of the PPI then you can then take your complaint to the FOS for them to investigate it for you. There is a massive waiting list but its well worth the wait. Let us know if you do find anything out about the GISC thing from the FOS. All you do is ring the helpline and make an enquiry to ask if Egg were members and at what date they became members.

marshallka

di3004 wrote: »

Yes I think so too because I would count 8 weeks as from the first letter in that case dated 30 July 2008, but anyway I was thinking about sending a further letter to state this about going from the ist letter date, and maybe if I mention about the court in this one too it may help.;)

Here is the letter dated 12th July I received from them and then below the first letter Tiggrae helped with. And of course the other one (2nd letter) was what I posted here earlier. The letter here from them though is obviously nothing to do with the letter below, but of an older complaint about mis selling.

Dated 12 August 2008

Dear

Acc: XXXXXXX

Thank you for your letter dated 30 July 2008. I am concerned to learn that you are not completely satisfied with Mr XXXXXXXX (compliance manager's) response to your complaint. In accordance with the bank's complaint handling procedure, the matter has now been referred to me for my independent review.

Having completed my own queries, I must advise that I fully support the comments made in Mr XXXXXXX (Compliance Manager's) response 3 June 2008.

Your comments have been noted and I would refer to Mr XXXXXXX (compliance manager's) letter dated 3 June 2008, and I would reiterate this letter constitutes our final response, and no further correspondence on this matter will be entered into. The letter stated that you have reached the end of our internal complaints procedure.

I have noted your comments that you will be referring your complaint to the Financial Ombudsman service;, however I can confirm that as you purchased your policy prior to the introduction of the Insurance Code of Business regulations on 14 January 2005, I regret that the Financial Ombudsman will be unable to adjudicate in this matter. In addition, prior to 6 April 2007 and the introduction of the Consumer Credit Jurisdiction leglislation, Endeavour Personal Finance was not a member of the Ombudsman scheme. As your complaints relates to an event which took place prior to 6 April 2007, the Financial Ombudsman Service would be unable to adjudicate on a complaint against Endeavour Personal Finance.

Yours sincerely

Department Manager.
.................................................. .................................................. ....................
This was the letter sent to get that response above from them and I cannot see why they are still thinking this is about mis selling, when my letter here below mentions nothing about mis selling;

30 July 2008
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

Di, i think you may have a response tomorrow and if not then get another letter done with the help of Tiggrae if she is around again later or tomorrow.I think you need to mention the courts and the laws applicable as they seem to know that the FOS cannot help. We have yet to find that one out..????

I would shout for Tiggrae again but I will do anything i can as you know but am not much use on the law side of things. I know its misrespresentation 1967 and UTCCR 1999. (LOL). These are the ones i used in the past. I don't know if there are any others that you can have them for.... Wait until tomorrow and then you will have to do another letter or ring FOS to check.

di3004

marshallka wrote: »

Di, i think you may have a response tomorrow and if not then get another letter done with the help of Tiggrae if she is around again later or tomorrow.I think you need to mention the courts and the laws applicable as they seem to know that the FOS cannot help. We have yet to find that one out..????

I would shout for Tiggrae again but I will do anything i can as you know but am not much use on the law side of things. I know its misrespresentation 1967 and UTCCR 1999. (LOL). These are the ones i used in the past. I don't know if there are any others that you can have them for.... Wait until tomorrow and then you will have to do another letter or ring FOS to check.

Thanks hun, you have also been amazing here here too.;) :A :beer: .
I will look out for the postie tomorrow again then lol, and see if he or she will bring some news.:D
Hubby said he will make some calls tomorrow, while I'm sorting stuff out on here so that will be of some help to me too.;)

marshallka

Di congrats on your medal for the 750 posts.:beer: :j :beer: :j

You and me live on this site don't we (LOL).

di3004

marshallka wrote: »

Di congrats on your medal for the 750 posts.:beer: :j :beer: :j

You and me live on this site don't we (LOL).

lol, well I did not even notice hun pmsl........:o , but thanks hun and yes we live on here, its our 2nd home or should I say first lmao.......:D :beer: :j :beer: .