PPI Reclaiming discussion Part II

marshallka

di3004 wrote: »

Thanks hun, I agree, both me and hubby was talking about this, he has already been making plans ready for tomorrow, first thing is to email and/or ring the FOS to explain his circumstances due to being on the sick from work at present and has been for 2 months now, then its time to get cracking with the smaller ones, although we do have the Endeavour one to get in this week because I really don't think we will hear anything from these.;)

You have until Tuesday don't you with Endeavour?? Lets hope they bother to reply out of courtesy if nothing else. They should in my eyes as this is a new complaint. It won't look very good on them by not replying at all. Is that how they treat all their customers???

di3004

Do you know what I was wondering ?

It has just come to mind now, the first letter sent to Endeavour about the "unfair rebate" was passed on to HFC complaints because the Endeavour are not really any more as such, as they are linked together, now that letter I received back - I addressed it to go back to that lady from the complaints dept of HFC and when this was checked on the tracking (Royal mail) I'm sure it had to be redirected again, so now its really making me think if the right department has received the letter although I did address it to who sent the first response.
(I just assumed they redirect it to another dept even though the address on the letter was who I sent it to) ?? .

I think we will give them a call tomorrow too just to make sure and ask if a final response has been sent out to us at all and not only that I have been told by email by HFC that they aim to respond within 5 - 7 days to any letter, so its really making me think as well if this has been mis laid in the post.
So better give them a ring to ask if there has been a letter sent to us at all and the date is they have done this, just in case, what are your thoughts on this ?

marshallka

di3004 wrote: »

Do you know what I was wondering ?

It has just come to mind now, the first letter sent to Endeavour about the "unfair rebate" was passed on to HFC complaints because the Endeavour are not really any more as such, as they are linked together, now that letter I received back - I addressed it to go back to that lady from the complaints dept of HFC and when this was checked on the tracking (Royal mail) I'm sure it had to be redirected again, so now its really making me think if the right department has received the letter although I did address it to who sent the first response.
(I just assumed they redirect it to another dept even though the address on the letter was who I sent it to) ?? .

I think we will give them a call tomorrow too just to make sure and ask if a final response has been sent out to us at all and not only that I have been told by email by HFC that they aim to respond within 5 - 7 days to any letter, so its really making me think as well if this has been mis laid in the post.
So better give them a ring to ask if there has been a letter sent to us at all and the date is they have done this, just in case, what are your thoughts on this ?

Yeah, ok ring them but its not your fault if it was redirected and you did sent it to the responder of the other letter so its their problem. Don't let it drag any further Di. Its their problem not yours. Its 8 weeks since the first letter of this complaint is it not???

pinknico

If picture aren't officially declared in default this week I will not be happy !!:mad:

Sorry usual Sunday afternoon rant !:D

di3004

Here are the letters sent to them so far:
You will note the address where I sent to the 2nd time because this was the actual address on the letter I received (the one they did not even look at).

Although still Endeavour they are part of HFC going by checking this out on the internet.

30 July 2008

EPF/Compliance Dept
Beneficial House
Easthampstead Road
Bracknell, RG12 1NS



Unfair Rebate Settlement/Account policy number –



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, on the grounds of Unfair Settlement Rebate.

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


Yours faithfully
...................................................................................................

14 August 2008

XXXXX XXXXX/Department Manager
Endeavour Personal Finance
Birmingham, B1 2XJ


Unfair Rebate Reclaim/
Account Number:

Dear XXXXX XXXXX

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
.................................................................................................................................................................

Damn by working out these dates, by double checking its the week after I have to wait until ??
I have obviously mis calculated on the dates somehow.

Maybe I added 30 July as week 1 ??
Damn !!!!

marshallka

pinknico wrote: »

If picture aren't officially declared in default this week I will not be happy !!:mad:

Sorry usual Sunday afternoon rant !:D

I posted about these companies the other day in which i read on companies house they have to advertise it in the gazette



http://www.gazettes-online.co.uk/home.aspx?geotype=London

Just type Picture Finance into the search (I did it for Click Finance for Di) and when they are in liquidation you have quite a bit of info there.

marshallka

di3004 wrote: »

Here are the letters sent to them so far:
You will note the address where I sent to the 2nd time because this was the actual address on the letter I received (the one they did not even look at).

Although still Endeavour they are part of HFC going by checking this out on the internet.

30 July 2008

EPF/Compliance Dept
Beneficial House
Easthampstead Road
Bracknell, RG12 1NS



Unfair Rebate Settlement/Account policy number –



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, on the grounds of Unfair Settlement Rebate.

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


Yours faithfully
...................................................................................................

14 August 2008

XXXXX XXXXX/Department Manager
Endeavour Personal Finance
Birmingham, B1 2XJ


Unfair Rebate Reclaim/
Account Number:

Dear XXXXX XXXXX

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

So its 8 weeks from the 30th July then??? Being 24th September to go to the FOS??

di3004

pinknico wrote: »

If picture aren't officially declared in default this week I will not be happy !!:mad:

Sorry usual Sunday afternoon rant !:D

Hi hun, I know this can be very frustrating and thanks for also reminding me.

I received a letter from the FSCS last week, they would like further information, (more docs) although I do not have anything else to give really and they just wanted to know how this product was sold, which was by phone.

I have been told the one dealing with this will contact me tomorrow as I had informed them of my lack of paperwork, really its only something to confirm the name of the company in full but only had the trade styling name of the documents I already sent them which did not state TWOPART limited on, so have only come across underwriters paperwork for this, hope this will do.

And they also confirmed that TWOPART/Eloan are NOT in default yet.

I do know though they dissolved in May 2008.

Do you have any idea when Picture actually stopped trading by any chance hun ?;)

marshallka

di3004 wrote: »

Hi hun, I know this can be very frustrating and thanks for also reminding me.

I received a letter from the FSCS last week, they would like further information, (more docs) although I do not have anything else to give really and they just wanted to know how this product was sold, which was by phone.

I have been told the one dealing with this will contact me tomorrow as I had informed them of my lack of paperwork, really its only something to confirm the name of the company in full but only had the trade styling name of the documents I already sent them which did not state TWOPART limited on, so have only come across underwriters paperwork for this, hope this will do.

And they also confirmed that TWOPART/Eloan are NOT in default yet.

I do know though they dissolved in May 2008.

Do you have any idea when Picture actually stopped trading by any chance hun ?;)

Date: 28 May 2008 Issue Number: 58709 Page number: 8024 Publication Date: Wednesday, 28 May 2008
Notice Code: 2441
Resolutions for Winding-up
TWOPART LIMITED
(t/a E-Loan.co.uk)
(Company Number 04951552)
At a General Meeting of the Members of the above-named Company, duly convened, and held at The Old Exchange, 234 Southchurch Road, Southend-on-Sea, Essex SS1 2EG, on 20 May 2008, the following Resolutions were duly passed, as a Special Resolution and as an Ordinary Resolution respectively:
That the Company be wound up voluntarily, and that Lloyd Biscoe and Mark Robert Fry of Begbies Traynor, The Old Exchange, 234 Southchurch Road, Southend-on-Sea, Essex SS1 2EG, be and hereby are appointed Joint Liquidators of the Company for the purpose of the voluntary winding-up, and any act required or authorised under any enactment to be done may be done by any one or more persons holding the office of Liquidator from time to time.

J Drury, Chairman

(532276)

di3004

marshallka wrote: »

So its 8 weeks from the 30th July then??? Being 24th September to go to the FOS??

Yes hun......so I have yet to wait over another week :mad: , silly me, good job I checked this lol.
I am starting to get very impatient.
Will also photocopy the letters I received, which have showed this person never even looked at the first complaint dated 30 July.:rolleyes:

And send off copies of what I have sent, 30th July and 14 August which already as you know confirms they have not looked at the case.;)