PPI Reclaiming discussion Part II

marshallka

tiggrae wrote: »

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 !!

Tiggrae they did reject my complaint against them before. It was for unfair settlement and it got thrown back so now I have to get it right.

marshallka

di3004 wrote: »

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).

So why was mine thrown back at me for the same complaint. Was it that at the time of my settlement although they were members of the GISC they were not FSA registered - is that why and all i am asking is to be within jurisdiction for an unfair settlement complaint they have to be registered with the FSA and nothing to do with the GISC thing????

di3004

Here are both the letters sent to Endeavour, first one they ignored and I sent another which Tiggrae also helped with to look at this again, although I had only given them 7 days, really have to wait another week yet for the final response as from the 1st letter dated 30 July.
All about "unfair rebate settlement and not that of mis selling.

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

di3004

marshallka wrote: »

So why was mine thrown back at me for the same complaint. Was it that at the time of my settlement although they were members of the GISC they were not FSA registered - is that why and all i am asking is to be within jurisdiction for an unfair settlement complaint they have to be registered with the FSA and nothing to do with the GISC thing????

I also find this quite baffling....... , hopefully they will look into this deeper this time round and realise they are able to deal with this.

Very frustrating I know.
The same thing happened to this guy I know and the following time he re-submitted they agreed to look at the complaint by mentioning that he has proof they were under GISC.
He did have the same problem like this at first.

tiggrae

marshallka wrote: »

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.

firstly the Unfair Consumer Contract Terms Regulations 1999 are not the OFT's it is what's known as common law (i.e. charging consumers penalties for failing to meet there obligations is not allowed under law. This being the case in case law going back 100 years ) - if you can a complaint about the calculation of the early settlement of the loan this is completely separate to the complaint about the PPI as they will be covered by two completely separate contract terms.

Please don't confuse what the complaint is about - you need to be clear and keep everything separate - you may think you've explained things clearly but the more stressed you get the less likely it is that you've explained things properly !!!

marshallka

GISC is about insurance complaints - am i right - that is why FOS is able to go back further than 14th January, 2005.

Is unfair rebate an insurance complaint??
Is unfair settlement an insurance complaint??

I need to understand why my other complaint was thrown back to me.

I look at it as my settlement took place in 2003 before they were registered with the FSA then it must have been not within their jurisdiction to look into this as they stated to me that

""FIrstplus did not come under our jurisdiction until 14th January, 2005""

I found this strange as they were GISC members in November 2001. So can someone please confirm that being a member of the GISC does not matter where the jurisdiction of unfair settlement complaints come in..

tiggrae

marshallka wrote: »

Tiggrae they did reject my complaint against them before. It was for unfair settlement and it got thrown back so now I have to get it right.

I think it was because you muddled mis selling with everything else - and the main thing they would have looked at is the date you put on your complaint form for when the mis selling took place - this being in 2000 - and therefore everything was rejected due to this date

tiggrae

marshallka wrote: »

GISC is about insurance complaints - am i right - that is why FOS is able to go back further than 14th January, 2005.

Is unfair rebate an insurance complaint??
Is unfair settlement an insurance complaint??

I need to understand why my other complaint was thrown back to me.

I look at it as my settlement took place in 2003 before they were registered with the FSA then it must have been not within their jurisdiction to look into this as they stated to me that

""FIrstplus did not come under our jurisdiction until 14th January, 2005""

I found this strange as they were GISC members in November 2001. So can someone please confirm that being a member of the GISC does not matter where the jurisdiction of unfair settlement complaints come in..

I think you need to take this onto the loans forum - I can only help with PPI I'm absolutely clueless about problems with loan settlement

marshallka

di3004 wrote: »

I also find this quite baffling....... , hopefully they will look into this deeper this time round and realise they are able to deal with this.

Very frustrating I know.
The same thing happened to this guy I know and the following time he re-submitted they agreed to look at the complaint by mentioning that he has proof they were under GISC.
He did have the same problem like this at first.

I find it frustrating too. I should be allowed to use the FOS like everyone else here. I cannot trust them now :mad:

marshallka

tiggrae wrote: »

I think it was because you muddled mis selling with everything else - and the main thing they would have looked at is the date you put on your complaint form for when the mis selling took place - this being in 2000 - and therefore everything was rejected due to this date

They have quoted the date being 2003 and that this means that we cannot look into this as your complaint happened in 2003 and FIrstplus did not come under our jurisdiction until 14th January, 2005.

Have they made a mistake here and if they have then i want something doing about it. I am back in the queue.