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PPI Reclaiming discussion Part II

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  • pinknico
    pinknico Posts: 3,261 Forumite
    zeblet wrote: »
    The court is 25 miles away so need help asap
    There is a reply for you a few posts back fromTiggrae. x
    DS1 12/10/04
    DS2 13/07/06
    DD1 06/12/07
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    it usually takes about 6 weeks - longer if the business drags it heels over providing information
    How long does the FOS give them to provide info as I asked this question and he said if a company does not get a defence so to speak then its looked at and upheld in favour of the complainer after some time.

    Also Tiggrae, he said that my other loans may be within jurisdiciton. How far can they go back as my others were in 1999 settled in 2001 and 2001 settled in feb 2002 and one in 1997:eek: . Surely they cannot look into these as well. I think he thought the 2002 was the first one. Or can he be right here................

    None were used to consolidate the other i don't think ?????
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    marshallka wrote: »
    How long does the FOS give them to provide info as I asked this question and he said if a company does not get a defence so to speak then its looked at and upheld in favour of the complainer after some time.

    Also Tiggrae, he said that my other loans may be within juridisciton. How far can they go back as my others were in 1999 settled in 2001 and 2001 settled in feb 2002 and one in 1997:eek: . Surely they cannot look into these as well. I think he thought the 2002 was the first one. Or can he be right here................
    I've had the FOS 'make a recommendation' (recommendation being the operative word here) to the business to repay a loan from 2000 as a gesture of goodwill - I think they can do this if the loans are linked transactions (ie the 2nd loan was used to pay off the 1st) and because the first was when the PPI was initially mis sold and the 2nd or 3rd loans have had it reapplied because of the mistake made on the 1st they can recommend repayment of the earlier one as well - on these the banks don't have to repay but usually do if the adjudicator 'recommends' it
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    tiggrae wrote: »
    I've had the FOS 'make a recommendation' (recommendation being the operative word here) to the business to repay a loan from 2000 as a gesture of goodwill - I think they can do this if the loans are linked transactions (ie the 2nd loan was used to pay off the 1st) and because the first was when the PPI was initially mis sold and the 2nd or 3rd loans have had it reapplied because of the mistake made on the 1st they can recommend repayment of the earlier one as well - on these the banks don't have to repay but usually do if the adjudicator 'recommends' it

    the ppi we complained about was a 2nd loan taken out in 2003 to repay the one in 2000 - in the end they coughed up for both
  • pinknico
    pinknico Posts: 3,261 Forumite
    tiggrae wrote: »
    the ppi we complained about was a 2nd loan taken out in 2003 to repay the one in 2000 - in the end they coughed up for both

    I take it this only applys to same company loans?
    DS1 12/10/04
    DS2 13/07/06
    DD1 06/12/07
  • zeblet
    zeblet Posts: 16 Forumite
    Thankyou a million times over. Off to court now to deliver and have corrected typos. Do hope this time I am more successful.
  • zeblet
    zeblet Posts: 16 Forumite
    di3004 wrote: »
    Hi hun and golly........:eek: 25 miles away ??

    Have you a train service that may run straight through ?
    If you don't mind me asking what is the name of the actual court ?;)
    Thx
    xx
    No I have to drive as live out in the wilds. Nearest court Lowestoft Suffolk.
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    I've had the FOS 'make a recommendation' (recommendation being the operative word here) to the business to repay a loan from 2000 as a gesture of goodwill - I think they can do this if the loans are linked transactions (ie the 2nd loan was used to pay off the 1st) and because the first was when the PPI was initially mis sold and the 2nd or 3rd loans have had it reapplied because of the mistake made on the 1st they can recommend repayment of the earlier one as well - on these the banks don't have to repay but usually do if the adjudicator 'recommends' it
    Even if the loans are not linked??


    Not used to pay off the one before???
  • I have a ppi with legal and general to cover my morgage
    I am currently off work after a bereavement and am now told there is a 90 day waiting period before any payment will be made and a 60 day deferrment period, I was not aware of this and thought they would pay all but the 1st months payment (I was thinking of going back to work after 10 weeks absence, but this means they will not pay anything or maybe 9 days pro rata)
    After looking at this site this would seem to be insurance that is not fit for purpose and in not knowing about the waiting period cleary missold

    I have spoken to legal and General and they tell me as the insurance was sold through a broker (morgage talk) I do not have a vailid claim for return of premiums with them and instead will have to claim off the broker

    Can any one tell me if this is the case or offer advice on what i should do now
    Many thanks
    Ian
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    pinknico wrote: »
    I take it this only applys to same company loans?
    yes linked transactions with the same lender - these are usually banks and are not complicated by having a different broker doing the selling

    you apply for a bank loan and they put on ppi - you apply for a 2nd one to consolidate and repay the first - they automatically apply the PPI because it's on the first loan - that's when the mis selling actually took place on the first loan - that's why the FOS can 'recommend' repayment even though it's outside of their jurisdictional timeframe
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