PPI Reclaiming discussion Part II

tiggrae

wildanna wrote: »

yeh,october 2004 on the last page all the advisor says is the lender has given us total inclusive,erm,a total inclusive package thats going to be covering yourself and your husband for accident sickness and lifecover and involuntary redundancy as well thats it no mention of it being extra premium or anything

so you didn't ask for it - does it sound as though it was a benefit of the loan and not something you asked for ?

By the sounds of it you have a clear case of mis selling - do you have a copy of your loan agreement - this is VERY IMPORTANT - what date did you actually sign the agreement or what date does the agreement start from - can you see an ACTUAL date

tiggrae

marshallka wrote: »

It can still be challenged though under UTCCR as it was an unfair penalty and this is something that the FOS can look into is it not??

oh yes, the method of calculation is probably shown within the contract terms and can be challanged as an Unfair Contract term under the Unfair Consumer Contract Term Regulations 1999

marshallka

tiggrae wrote: »

oh yes, the method of calculation is probably shown within the contract terms and can be challanged as an Unfair Contract term under the Unfair Consumer Contract Term Regulations 1999

If your contract term just states settlement in line with the 1974 CCA and that you will get a statutory rebate to which you are entitled - are you supposed to know that rule 78 will be used?? Also the copy I have from them mentions 120 months things as well but i don't know if its what was originally in our terms?? They sent me this.

I didn't know about it?? I still wouldn't know without the computer. Would the FOS say that me not knowing how this calculation was done was unfair...

Will FOS look into these complaints and can you complain unfair rebate and unfair settlement as unfair terms etc on the same complaint or is it two different ones??

tiggrae

marshallka wrote: »

If your contract term just states settlement in line with the 1974 CCA and that you will get a statutory rebate to which you are entitled - are you supposed to know that rule 78 will be used?? Also the copy I have from them mentions 120 months things as well but i don't know if its what was originally in our terms?? They sent me this.

I didn't know about it?? I still wouldn't know without the computer. Would the FOS say that me not knowing how this calculation was done was unfair...

Will FOS look into these complaints and can you complain unfair rebate and unfair settlement as unfair terms etc on the same complaint or is it two different ones??

I don't understand what you mean - how are you defining the difference between an unfair rebate and unfair settlement

marshallka

tiggrae wrote: »

I don't understand what you mean - how are you defining the difference between an unfair rebate and unfair settlement

unfair rebate against a PPI policy is what my complaint is here this time with the FOS as when i put unfair settlement before they said it was outside their jurisdiction. I now think that was because GISC does not enter into unfair settlement and although at the time of my settlement they were members of the GISC they threw it out. I have now gone for Barclays t/a firstplus and only put unfair rebate on this one. i put

We are not asking for the misselling of the PPI but for you to look into the unfair rebate of this policy and probably unfair rebate of the loan sold to us as well. We did not understand until this day that the settlement was given so high because of the tiny rebate of the ppi and that we had to pay interest on the ppi to the end of the loan.

Will this be just the PPI rebate or the loan settlement etc. I do not understand the difference here. I am soo confused as to when i put it before they said it was a complaint that they could not look into as FIrstplus only came under their jurisidciton in 2005 and yet they were members of the GISC in 2001

marshallka

In fact this unfair rebate/settlement thing is driving me mad??

Does the company have to be under the FSA for unfair settlement and it does not matter if they members of the GISC as the GISC is only about insurance complaints. I have had to write this big cause i want to understand.

Tiggrae help me here. Do i stand a chance with this other complaint above that is in with the FOS now as its Barclays t/a firstplus. Will FOS throw it back again....



Rant over

tiggrae

marshallka wrote: »

unfair rebate against a PPI policy is what my complaint is here this time with the FOS as when i put unfair settlement before they said it was outside their jurisdiction. I now think that was because GISC does not enter into unfair settlement and although at the time of my settlement they were members of the GISC they threw it out. I have now gone for Barclays t/a firstplus and only put unfair rebate on this one. i put

We are not asking for the misselling of the PPI but for you to look into the unfair rebate of this policy and probably unfair rebate of the loan sold to us as well. We did not understand until this day that the settlement was given so high because of the tiny rebate of the ppi and that we had to pay interest on the ppi to the end of the loan.

Will this be just the PPI rebate or the loan settlement etc. I do not understand the difference here. I am soo confused as to when i put it before they said it was a complaint that they could not look into as FIrstplus only came under their jurisidciton in 2005 and yet they were members of the GISC in 2001

did you put in you believed the calcuation of the early settlement to be an unfair contract terms ? If so, I personally would make it two separate complaints - the complaint about the calculation of the PPI early settlement refund is against one specific contract term within the PPI Terms & Conditions and I suspect the loan refund would have been calculated under a completely separate contract term - for ease I would keep the two complaints completely separate as you'll only cause confusion

tiggrae

marshallka wrote: »

In fact this unfair rebate/settlement thing is driving me mad??

Does the company have to be under the FSA for unfair settlement and it does not matter if they members of the GISC as the GISC is only about insurance complaints. I have had to write this big cause i want to understand.

Tiggrae help me here. Do i stand a chance with this other complaint above that is in with the FOS now as its Barclays t/a firstplus. Will FOS throw it back again....



Rant over

I really think you're confusing yourself here as we seem to go over this time and time again - you need to chill a bit or you're going to make yourself ill - just let the FOS do their work - they haven't rejected your complaint just in the same way they've not rejected any of ours against FP - you can't make they work any faster by winding yourself up !!

marshallka

tiggrae wrote: »

did you put in you believed the calcuation of the early settlement to be an unfair contract terms ? If so, I personally would make it two separate complaints - the complaint about the calculation of the PPI early settlement refund is against one specific contract term within the PPI Terms & Conditions and I suspect the loan refund would have been calculated under a completely separate contract term - for ease I would keep the two complaints completely separate as you'll only cause confusion

I have today emailed them a question as to whether i can add this unfair contract term on settlement.

this is what i put - i don't want to make any mistakes this time

Could I also add to this complaint about the rule of 78 being used in the settlement of our loan in that it breached the OFT unfair terms in consumer contracts regs because its an unfair penallty. My orginal complaint is of unfair rebate of the PPI and also the loan too if you are able to look into this. If I need to go for a completely new complaint with this then would someone let me know asap.


Was this ok to put or do i have to state anything else here. I am just so annoyed as to my other thrown out afte being allocated and then i feel that this will be too.

di3004

tiggrae wrote: »

did you put in you believed the calcuation of the early settlement to be an unfair contract terms ? If so, I personally would make it two separate complaints - the complaint about the calculation of the PPI early settlement refund is against one specific contract term within the PPI Terms & Conditions and I suspect the loan refund would have been calculated under a completely separate contract term - for ease I would keep the two complaints completely separate as you'll only cause confusion

The letter Tiggrae helped me with is not that far back, didn't I add it here just the other day ? (yesterday I think) ?
All about the unfair rebate settlement.;) (The one about Endeavour - that the FOS confirmed they would likely be able to look at).