PPI Reclaiming discussion Part II

tiggrae

marshallka wrote: »

Tiggrae, did you see the post about the person from the 1992 claim that was giving up.

What advice would you give them not to give up just in case they log back on. I thought the courts were the only option and that maybe the limitations act would win. You told them not to give up.. I hope they do come back on. I did not say that they would not be able to complain, just that i thought that they would claim its just tooo old and maybe a risk of the limitations act in court.

lakelander post above

you can make a claim in the court for any time limit - however, if over 6 years the defendant can request the claim be dismissed as it's past the 6 year limit specified by the Limitations Act 1980 - however, under Section 34 of the Limitations Act you can state as you only just became aware of the fact you've been mis represented to, as you have no legal knowledge or background to know you'de been decieved you can request the judge hear the case. The risk is that there is no precident set and it is down to each individual judge as to whether he / she will allow the case to be heard - if not it will be struck out - another risk is costs, the defendant could apply for costs to be awarded to them if the case is struck out.

marshallka

tiggrae wrote: »

you can make a claim in the court for any time limit - however, if over 6 years the defendant can request the claim be dismissed as it's past the 6 year limit specified by the Limitations Act 1980 - however, under Section 34 of the Limitations Act you can state as you only just became aware of the fact you've been mis represented to, as you have no legal knowledge or background to know you'de been decieved you can request the judge hear the case. The risk is that there is no precident set and it is down to each individual judge as to whether he / she will allow the case to be heard - if not it will be struck out - another risk is costs, the defendant could apply for costs to be awarded to them if the case is struck out.

Thanks for that. I only said to them it was outside time for FOS and risky for the courts.:D

pinknico

tiggrae wrote: »

All claims management companies have to to regulated by the Ministry of Justice (Claims Management Regulations Unit) to be regulated they have to have a complaints procedure, whereby you write in detailing your complaint, they should then investigate and write back to you - if they haven't they are in breach of the claims management regulations and you should make a formal complaint to the Ministry of Justice at the following web site www.claimsregulation.gov.uk -make sure you copy in Conkers as 'a courtesy' - I think you'll find they'll back down - also I personally think they are bang out of order for charging you for the cancelled part of the insurance (ie for the premiums you hadn't yet paid) they should only have charged you their % on the amount of money actually repaid back to you !!!! Claims Management Companies have a bad enough reputation without actually ripping people off !

I nearly got caught out like this with a claim company before coming on this forum and deciding to do it myself. They were going to charge me 25% of all monies recovered and I queried if this meant if my PPI was taken off the loan would they include this in the 25% and they said yes. :eek: Seeing as my PPI is £19000 I would have had to find almost £5000 of my own money to pay them,they tried to persuade me to stay with them by saying I could pay them by direct debit monthly!:mad: I'd probably be more worse off financialy if I had agreed to that. New claimers beware!!:eek:

tiggrae

pinknico wrote: »

I nearly got caught out like this with a claim company before coming on this forum and deciding to do it myself. They were going to charge me 25% of all monies recovered and I queried if this meant if my PPI was taken off the loan would they include this in the 25% and they said yes. :eek: Seeing as my PPI is £19000 I would have had to find almost £5000 of my own money to pay them,they tried to persuade me to stay with them by saying I could pay them by direct debit monthly!:mad: I'd probably be more worse off financialy if I had agreed to that. New claimers beware!!:eek:

I really can't believe they do that - there is no way on this earth I would ask for a percentage of the amount which has been cancelled - I wouldn't even think about it - I think that's completely unethical

di3004

Parrot, sorry to hear you have these problems too hun regarding Eloan.

I had only found out just a few weeks ago about Eloan going into Voluntary Liquidation.

I did actually receive a letter from Begbies & Traynor to confirm this.

If I were you now I would contact the FSCS as my application is in with these at present, currently waiting for these to be confirmed to be in default.

Here is the website of the FSCS, give them a ring or email them with your query about Eloan, they are also known as TWOPART/ELOAN:
http://www.fscs.org.uk/consumer/Contacts/

Don't leave it though hun, the more the better to the FSCS.;)

Good luck !
Di.
x

tiggrae

di3004 wrote: »

Parrot, sorry to hear you have these problems too hun regarding Eloan.

I had only found out just a few weeks ago about Eloan going into Voluntary Liquidation.

I did actually receive a letter from Begbies & Traynor to confirm this.

If I were you now I would contact the FSCS as my application is in with these at present, currently waiting for these to be confirmed to be in default.

Here is the website of the FSCS, give them a ring or email them with your query about Eloan, they are also known as TWOPART/ELOAN:
http://www.fscs.org.uk/consumer/Contacts/

Don't leave it though hun, the more the better to the FSCS.;)

Good luck !
Di.
x

unfortunately the policy was sold prior to when the FSCS can look at it - however, if Begbies & Traynor are the liquidators you should write to them regarding eloans insurers

di3004

tiggrae wrote: »

aarh right, I could have put money on it being eloans - unfortunately you have a problem - eloans are soon to be declared what is known as 'in default' and all claims against them will be dealt with by the Financial Services Compensation Scheme (FSCS) unfortunately, the FSCS can only look at complaints if the mis selling took place after 15.01.2005 so they wouldn't be able to consider yours - however, this company should have had insurance for professional indemnity, you need to do some research to find out who eloans receivers are and write to them regarding eloans insurers and make a claim against them!

Missed the date that Parrot had taken this policy, and mentioned the FSCS on my last post oops, mine was taken out in Nov 2005, but I did also think that Eloan were covered prior to Jan 2005, I may be wrong, anyway the liquidators for ELOAN are that of "Begbies & Traynor".;)

ammeraslam

A BIG THANK YOU EVERYONE FOR THERE HELP. THIS SITE AND THE INFO PROVIDED BY EVERYONE HAS BEEN HELPFUL.
I WILL KEEP YOU INFORMED OF WHAT HAPPENS.
Ammer.

sazjwilson

Hi, I am new to this site and was wondering if anyone has had any dealings with Freedom Finance. I have recently complained to them and I was wondering if anyone had any success in re-claiming PPI from them?

Thanks in advance
S

marshallka

sazjwilson wrote: »

Hi, I am new to this site and was wondering if anyone has had any dealings with Freedom Finance. I have recently complained to them and I was wondering if anyone had any success in re-claiming PPI from them?

Thanks in advance
S

I've heard of them;) What are you wanting to know. There were a few on here some time ago.