PPI Reclaiming discussion Part II

m.colak

marshallka wrote: »

I know all this but there is not. Who has to prove what to the FOS IF they intervene. Do you think they will given my discrepancies.

Hi marshallka,

The FOS's first step in any case that they investigate is to ask for all the paperwork from the relevant companies pertaining to the case. If there is a discrepency between the paperwork they will find it. That highlighted with the fact if they send additional information to the FOS and not to you then the FOS are abligded to tell you of the fact as its in breach of the Data protection Act.

walkingstar

Dear all

Help!! In a nut shell i have taken on Lombard Direct (The Royal Bank of Scotland) regarding the PPI. We have got to the stage of Court and I have received their Defence. Can you recommend any paperwork that i can put together in support of my claim. The application was done on the internet, it was a lump sum payment for the insurance of £2133.00. I was made redundant from Rover in May 2005 and no payment was ever made or acknowledgement of the claim. I asked for it to be cancelled in 2005 and 2007 but they wanted more per month because they said they had to restructure the loan to accommodate such. ie. £300.00 instead of £234.00. i understand that the FSA say this is wrong. Can someone help. Also it has been transfered from NOrthampton to my local court and a paper attached says IT IS ORDERED THAT:-

1, the filing of an allocation questionnaire e dispensed with in this case unless the District Judge at the court of transer order otherwise.**

Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

** please note that the allocation fee will be due on all claims over £1500.00. This must be paid to the court of transfer within 14 days of dispach of the notice of allocaion to track. This fee is payable even if the case settles before the hearing and must be borne in mind when reaching any settlement.

Date order drawn 12.05.08 - What is this all about

Regards

marshallka

m.colak wrote: »

Hi marshallka,

The FOS's first step in any case that they investigate is to ask for all the paperwork from the relevant companies pertaining to the case. If there is a discrepency between the paperwork they will find it. That highlighted with the fact if they send additional information to the FOS and not to you then the FOS are abligded to tell you of the fact as its in breach of the Data protection Act.

welcome back m colak. thanks for reply

Have you read my dilemma and what i have since found out. Do you think i have a case with the FOS. Look back at my previous recent posts.

kamikazi_2

anyone help?
if you know the loan amount and the interest rate how do you work out what your payments would have been without PPI

mlucyminx

hi, can anyone tell me how long it usually takes for fos to acknowledge receipt of your complaint? sent one of mine off last week. Also if you send a letter giving 14 days to reply do you have to write to the company and tell them you have contacted fos or just contact fos. thanks to anyone who can help.

marshallka

mlucyminx wrote: »

hi, can anyone tell me how long it usually takes for fos to acknowledge receipt of your complaint? sent one of mine off last week. Also if you send a letter giving 14 days to reply do you have to write to the company and tell them you have contacted fos or just contact fos. thanks to anyone who can help.

Clicked on the thanks for you instead of the quote but hey we are all friends here.

Firstly, the fos are taking ages to acknowledge complaints from what i hear. I have just sent mine off today and secondly what was your letter to the company and were you requesting anything from them. Usually the FOS cannot intervene without you getting a final response from the company so i would perhaps write again and tell them that you are complaining to the FOS.

You say you have already complained though. Have you just written to them and asked them to look because usually they ask for a final response before they will look.

hope this makes sense

m.colak

walkingstar wrote: »

Dear all

Help!! In a nut shell i have taken on Lombard Direct (The Royal Bank of Scotland) regarding the PPI. We have got to the stage of Court and I have received their Defence. Can you recommend any paperwork that i can put together in support of my claim. The application was done on the internet, it was a lump sum payment for the insurance of £2133.00. I was made redundant from Rover in May 2005 and no payment was ever made or acknowledgement of the claim. I asked for it to be cancelled in 2005 and 2007 but they wanted more per month because they said they had to restructure the loan to accommodate such. ie. £300.00 instead of £234.00. i understand that the FSA say this is wrong. Can someone help. Also it has been transfered from NOrthampton to my local court and a paper attached says IT IS ORDERED THAT:-

1, the filing of an allocation questionnaire e dispensed with in this case unless the District Judge at the court of transer order otherwise.**

Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

** please note that the allocation fee will be due on all claims over £1500.00. This must be paid to the court of transfer within 14 days of dispach of the notice of allocaion to track. This fee is payable even if the case settles before the hearing and must be borne in mind when reaching any settlement.

Date order drawn 12.05.08 - What is this all about

Regards

Some quick questions have you entered all the papers that you are going to call on in court yet as you need to get them in as soon as possible. Plus you have to send a copy of the same documents to Lombard Direct as well. This must be done prior to your court case else you may have too appeal for a delay on the case due to not having all the paperwork in on time.

The allocation questionnaire is just that it asks for details of the case which they believe that you have already provided as for the exact ruling for the restructuring of the loan, due to removal of an element, by the FSA needs to be found and sent with your documentation as further evidence of unfair practices.

mlucyminx

marshallka wrote: »

Clicked on the thanks for you instead of the quote but hey we are all friends here.

Firstly, the fos are taking ages to acknowledge complaints from what i hear. I have just sent mine off today and secondly what was your letter to the company and were you requesting anything from them. Usually the FOS cannot intervene without you getting a final response from the company so i would perhaps write again and tell them that you are complaining to the FOS.

hi marshallka. Yes its a ppi claim and they sent me a final response letter telling me to get lost and to contact fos if i didnt agree. i sent copies of all correspondence.

The second one is also ppi from a different company. they kept phoning and a wrote the second template letter again but added a paragraph saying i only wanted to communicate by letter. they have completely ignored me since. the letter did say i look forward to hearing from you ........ contact fos

m.colak

marshallka wrote: »

welcome back m colak. thanks for reply

Have you read my dilemma and what i have since found out. Do you think i have a case with the FOS. Look back at my previous recent posts.

Hi,

i have breezed throughout and i think the saliant points are:

1.The company added PPI to the original loan after signing and therefore yes this is illegal as it wasn't agreed in the original contract.

2.The company changed its operating name and therefore reregistered itself with company house at this time it should have notified you and again it was remiss as this might have had financial consiquences on you.

3.The original loan was passed from one company to another without notification to yourself that this would be the case. Which again you should have received notification.

m.colak

kamikazi wrote: »

anyone help?
if you know the loan amount and the interest rate how do you work out what your payments would have been without PPI

You should have had a quoted a total repayable figure given to you. If you then take off the insurance and interest and divided it by the period it should have given you the total monthly payments due. If confused post the figures and I'll have a whizz for you.