PPI Reclaiming discussion Part II

marshallka

nothingwitty wrote: »

Thanks as always. Sent letter off to ICO on Friday. Since I started my reclaim action against HBOS over a year ago, they have done everything they can to stall my claim - ignoring letters, phone calls, not entering a defence, ignoring the default judgement until the last minute and now not honouring my SAR request or reminder. I want to give the legal equivilant of a kick in the nether regions!! To be honest, I am being quite impatient but want to gain any possible advantage I can in preparation for court - so if I can make the judge or court manager aware that they are not observing their legal obligations (even if only by a few days) I will!!

Fight fire with fire, as they say.....

I'll bet Tiggrae will be on later today and if you miss her i will bump the post for her. I often wonder what the ICO are there for?? Sorry not to be of more help but i will google it later and see if i can find any similar cases to yours from other forums and post them.

di3004

nothingwitty wrote: »

Thanks as always. Sent letter off to ICO on Friday. Since I started my reclaim action against HBOS over a year ago, they have done everything they can to stall my claim - ignoring letters, phone calls, not entering a defence, ignoring the default judgement until the last minute and now not honouring my SAR request or reminder. I want to give the legal equivilant of a kick in the nether regions!! To be honest, I am being quite impatient but want to gain any possible advantage I can in preparation for court - so if I can make the judge or court manager aware that they are not observing their legal obligations (even if only by a few days) I will!!

Fight fire with fire, as they say.....

Hiya hunni.

You must be very frustrated with this, I know I would be.....:mad: .

I'm with Marshallka on this one and with a bit of luck Tiggrae will be along later who will hopefully be able to help guide you here hun, for now keep your chin up, it will be sorted out in the end, but golly you have been waiting long enough already, its damn pathetic !!!
You have a strong case here and I feel you will come out of this a winner.;)

We are with you all the way hun !;)

Di.
x

di3004

Started more reclaiming letters Lloyds, I also note there is one loan without ppi, so will concentrate on the ones that do have this added.

I do not have all the information from earlier loans as what I have here only go back 6 years, but I do know there were loans before 2002.

I have the certificate from Lloyds to state they were under GISC 2004 and before.

Have been getting all my evidence ready to send to the FOS (Endeavour), wait for the postie and if nothing arrives by this Tuesday then its off to the post office same day (recorded 1st class post to the FOS), will also request fast track and add the evidence of our financial circumstances with that form in one go.;)

So a fulfilled weekend of claims its been, just be happy to get them all out of the way.:D

di3004

Marshallka

Was meant to ask this yesterday hun, now as there are so many loans, they were all mis sold for the same reasons, now in your opinion do you think I should add all in one letter or separately ?
This bit is new to me really when it comes to complaining on a few loans but with the same bank :rolleyes: .

Or keep it to one single letter on all ?
Because I know if this goes to the FOS which I imagine they will, they would request for these separately as they did about the credit cards, because they were all different account ref numbers ??
Cheers hun.:D

I was going to just keep it to one but do not want to confuse anyone else here who may be in the same boat with trying to reclaim from the same firm for many accounts.

marshallka

di3004 wrote: »

Marshallka

Was meant to ask this yesterday hun, now as there are so many loans, they were all mis sold for the same reasons, now in your opinion do you think I should add all in one letter or separately ?
This bit is new to me really when it comes to complaining on a few loans but with the same bank :rolleyes: .

Or keep it to one single letter on all ?
Because I know if this goes to the FOS which I imagine they will, they would request for these separately as they did about the credit cards, because they were all different account ref numbers ??
Cheers hun.:D

I was going to just keep it to one but do not want to confuse anyone else here who may be in the same boat with trying to reclaim from the same firm for many accounts.

Hiya Di,

Yeah this is what i have done. I put the date down as the latest one and then mentioned the others too. I have now emailed the adjudicator as to what i can do as they rang me and asked if i had actually given the bank a chance to look into the complaint on all of them and i had. I then put this on the information on the one form as i did not think they would have the jurisdiction to look into the others. They rang me though and asked about the others so now i think they may be looking into them too. I was also asked in any were to consolidate the others and i had said no but on looking closer two were to consolidate two if you know what a mean.I have now let them know this too by email. I will have to wait until i get a reply from my adjudicator though to know for definate.

I think its ridiculous if they are the same bank and you have to do different complaints for each loan. They were all sold the same.

di3004

marshallka wrote: »

Hiya Di,

Yeah this is what i have done. I put the date down as the latest one and then mentioned the others too. I have now emailed the adjudicator as to what i can do as they rang me and asked if i had actually given the bank a chance to look into the complaint on all of them and i had. I then put this on the information on the one form as i did not think they would have the jurisdiction to look into the others. They rang me though and asked about the others so now i think they may be looking into them too. I was also asked in any were to consolidate the others and i had said no but on looking closer two were to consolidate two if you know what a mean.I have now let them know this too by email. I will have to wait until i get a reply from my adjudicator though to know for definate.

I think its ridiculous if they are the same bank and you have to do different complaints for each loan. They were all sold the same.

Thanks hun
And yes its pathetic hun that's what I think...... .
Hope they get yours sorted out.;)
Can't wait to hear what your adjudicator to get back to you, but I do hope its good news.;)

marshallka

di3004 wrote: »

Thanks hun
And yes its pathetic hun that's what I think...... .
Hope they get yours sorted out.;)
Can't wait to hear what your adjudicator to get back to you, but I do hope its good news.;)

This is what annoys me, its that even when you have an adjudicator then you do not know what they are looking into and what not. I will be ringing on monday morning and also have downloaded 3 more seperate complaint forms for the other loans just in case but i want to know if i should send them direct to him dealing with our other.

di3004

Going back to Endeavour, as you know the department manager/compliants did not read my letter properly on the letter I sent 30 July 2008, as the letter I sent was about the unfair rebate and not that of the old complaint of mis selling.

I did add this here before but again I write the response I received on the last letter I received dated 12 August 2008.

Dear

RE: ACCOUNT

Thank you for your letter dated 30 july 2008. I am concerned to learn that you are not completely satisfied with Mr XXXXXX'X response to your complaint.
in accordance with the bank's complaint handling procedure, the matter has now been referred to me for my independent view.

Having completed my own enquiries, I must advise that I fully support the comments made in Mr XXXXXX'X response of 3 June 2008.

Your comments have been noted and I would refer you to Mr XXXXXX'X letter dated 3 June 2008, and I would reiterate this letter constitutes our final response, and no further correspondence on this matter will be entered into.
The letter stated that you have reached the end of our internal complaints procedures.

I have noted your comments that you will be referring your complaint to the Financial Ombudsman Service; however I can confirm that as you purchased your policy to the introduction of the Insurance Code of Business Regulations on 14 January 2005, I regret that the Financial Ombudsman will be unable to adjudicate in this matter. In addition, prior to 6 April 2007 and the introduction of the Consumer Credit Jurisdiction leglisation, Endeavour Personal Finance were not a member of the Ombudsman Scheme.
As your complaint relates to an event which took place prior to 6 April 2007, the Financial Ombudsman Service would not be unable to adjudicate on a complaint against Endeavour Personal Finance.

Your sincerely

Department Manager.
..................................................................................................
Now looking into this Consumer Credit jurisdiction leglisation as this was prior again to April 2007, this is a bit concerning here ???

I know the FOS has added the date of Nov 2005 and this is about the unfair rebate wonder if this will be the next knockback here ???

I have a bad hunch about this now !!!

di3004

marshallka wrote: »

This is what annoys me, its that even when you have an adjudicator then you do not know what they are looking into and what not. I will be ringing on monday morning and also have downloaded 3 more seperate complaint forms for the other loans just in case but i want to know if i should send them direct to him dealing with our other.

Let me know hun what they say, cheers.;)
Good luck, I have everything crossed here for you.

marshallka

di3004 wrote: »

Let me know hun what they say, cheers.;)
Good luck, I have everything crossed here for you.

The thing is Di, i only complained about one to the ombudsman and then they rang me about the others and asked why i thought they would be outside their jurisdiction and also if any were to consolidate and also when i actually became aware of the misselling of these. I only mentioned these on the writing bit of the form and like i say i stated "i realise that these are nothing that you can look into but i have complained about all four to the co-op". Its soooo confusing. They asked me and not me them. I have now emailed to say they were to consolidate and also are they looking into the four as one or do i have make seperate complaints.