PPI Reclaiming discussion Part II

marshallka

tiggrae wrote: »

That's right - Section 5.1 of the UCCTR '99 - as for whether the Ombudsman can look at it for settlement of loans - can't answer that one - you'de probably be better asking on the loans forum

and don't say it was written in a way that wasn't understandable - your complaint is because the terms were pre-written and they're unfair as the calcuation of any refund is balanced in the favour of First Plus rather then you as a consumer

I am going for it tiggrae, can't do any harm. I don't think that term had to be used by law so they chose it and it was an unfair term. You never get out of your mess and you're trapped.

di3004

marshallka wrote: »

I am going for it tiggrae, can't do any harm. I don't think that term had to be used by law so they chose it and it was an unfair term. You never get out of your mess and you're trapped.

I agree hun.;)
You go for it hunni I do think this is worth fighting, good luck!

di3004

rachey6th wrote: »

Hi again, I sent request of info, complaint and PPI request to Beneficial by recorded delivery on 3rd September. I received a letter from their complaints department on 16th Septemeber stating they are dealing with my complaint. Lets see if it gets me anywhere. I will keep you posred. Rachx

Good luck Rach, hope this goes your way and we await to hear the outcome of this.;)

Di.
x

di3004

Marshallka or Tiggrae

Going through this FOS complaint form now regarding Endeavour and there are 2 questions I would like to ask, and wonder if you could just advise me here before I continue.

The FOS has already added the date 30 Nov 2005, and as you know they also request a date for when you first realise there might be a problem - this bit they did not add.

For this one, I did not know about these rebate issues until recent months so do I just actually write July 2008 of this year of when we first complained ?
Cheers.

Also as I have not received a final response, the last letter they did send me in August this year to them that was their final response, as you know they did not take their time to look at it which was why I resubmitted a letter letter.
The letter asks if I have received a final response but to the 2nd letter I have not and the deadline of 8 weeks are that of tomorrow, so should I tick yes or no here, thx.;)

Di.
x

racheldazo

tiggrae wrote: »

the cost of goint to court is based upon the value of your claim - you'de have to work out how much you believe is owed plu 8% statutory interest (you can work this out by using the bank charges forum calculator - you feed in the value of the monthly premiums along with the dates you paid them and it works out the 8% Statutory interest) as soon as the claim is issued M&S would probably request it be statute barred under the Statute of Limitations Act 1980 (ie because it's beyond 6 years) and request it be struck out - you can respond and ask the Judge to let your claim go ahead as you've only just become aware of the possibility you were mis represented to - but as no precedent has been set it's upto each judge to decide whether to let the claim proceed. If it's struck out you'de not only lose the claim issue fee but you also run the risk of having summary costs awarded against you.

Thanks for your info, i have emailed M&S this morning and asked them to look at it again, and said that i would take further action with it. I only realised about a month ago that i had paid ppi on my loan, and then when checking my insurance policies realised that i had alternate cover. I will wait and see what they say, as the letter i received wasnt a final response, would you advise court? As really i dont know too much about it, and if it did go to court wouldnt want to look a WALLY by not knowing anything about the grounds they are refusing on.
Oh tiggrae just calculated what it is worth and its £5654.47!!
thanks again for your valuable info

di3004

Again back to the form as right now I am just doing this on rough paper, where the fOS states:
What do you want the business you're complaining about to do, to put things right for you?

Now here I do need to mention about the we received only a "part rebate" on settlement where this was deducted from the product, and would appreciate them by putting this right by refunding the remainder of the rebate, plus interest etc. M Colak did write the amount, but now I cannot remember if this is the amount I claim back of if that was the amount of the whole sum
Shall I just write that amount anyway and see what comes of it ??
Is there anything else I should add here ?? any suggestions ??
Do I write that this had put us out of pocket/deprived of this money ??

Just want to make sure this is worded right if you know what i mean lol....:o

Thanks again.:D

marshallka

di3004 wrote: »

Again back to the form as right now I am just doing this on rough paper, where the fOS states:
What do you want the business you're complaining about to do, to put things right for you?

Now here I do need to mention about the we received only a "part rebate" on settlement where this was deducted from the product, and would appreciate them by putting this right by refunding the remainder of the rebate, plus interest etc. M Colak did write the amount, but now I cannot remember if this is the amount I claim back of if that was the amount of the whole sum
Shall I just write that amount anyway and see what comes of it ??
Is there anything else I should add here ?? any suggestions ??
Do I write that this had put us out of pocket/deprived of this money ??

Just want to make sure this is worded right if you know what i mean lol....:o

Thanks again.:D

i never added no monetry figure to mine just for a fairer rebate of the PPI. Also i put date of being aware as just recently since the media attention.

spoll_2

marshallka wrote: »

Spoll this was taken in Feb 2006 and you have every chance of winning this as most complaints of single premium policies are being upheld here since the FSA took over. Also i have looked back and it was Firstplus that the loan was with and you will definately have paid a fair wack of interest on settlement. I now have complete faith in you winning and I will jump for joy already.:j

http://www.insurancedaily.co.uk/2008/01/18/fos-upholds-80-of-single-premium-ppi-complaints/

If you don't win we will all hold a protest for you.

Hi guys,

I'm just putting my repsonse together for Norton re refusing their improved offer and stating that we're going with the FOS. I was tempted to have a dig about the not-so-discreet messages that there is a backlog with the FOS but will keep it professional!

I'm also putting a letter to the FOS which will include a copy of the last correspondace from Norton.

Just reading through all the various letters from Norton over the last couple of months and each one seems to have a 'key fact's or some other policy document with various bits of smallprint highlighted which they say prove they didn't mis-sell the policy. I think it's last minute jitters on my part but is this likely to wash with the FOS?

Thanks

marshallka

di3004 wrote: »

Again back to the form as right now I am just doing this on rough paper, where the fOS states:
What do you want the business you're complaining about to do, to put things right for you?

Now here I do need to mention about the we received only a "part rebate" on settlement where this was deducted from the product, and would appreciate them by putting this right by refunding the remainder of the rebate, plus interest etc. M Colak did write the amount, but now I cannot remember if this is the amount I claim back of if that was the amount of the whole sum
Shall I just write that amount anyway and see what comes of it ??
Is there anything else I should add here ?? any suggestions ??
Do I write that this had put us out of pocket/deprived of this money ??

Just want to make sure this is worded right if you know what i mean lol....:o

Thanks again.:D

M Colak did me a calculation and as well and I think this includes rule 78 of the loan unfair as well as he used the calculation of the new version of calculating early settlements. Can't be sure but mine came to £7447 and that is more than the PPI itself here. I can't be sure though as if you think about it there is all the interest. I have asked this lots and no one could answer how he works them.

marshallka

spoll wrote: »

Hi guys,

I'm just putting my repsonse together for Norton re refusing their improved offer and stating that we're going with the FOS. I was tempted to have a dig about the not-so-discreet messages that there is a backlog with the FOS but will keep it professional!

I'm also putting a letter to the FOS which will include a copy of the last correspondace from Norton.

Just reading through all the various letters from Norton over the last couple of months and each one seems to have a 'key fact's or some other policy document with various bits of smallprint highlighted which they say prove they didn't mis-sell the policy. I think it's last minute jitters on my part but is this likely to wash with the FOS?

Thanks

Spoll, don't get cold feet now you have come this far. Yours was 2006 and its much more likely to be upheld than most of ours. Its natural they want to frighten you. They owe you lots of money.

I would not accept their offer to you. They have only offered you something in my opinion cause they know they are wrong and trying it on.

Let it be your decision though but i think you stand a very good chance here. You will have to wait though as there is a big queue at FOS but might be a good idea if in financial difficulties to ask for the fast track at the same time as the complaint is sent in.