PPI Reclaiming discussion Part II

marshallka

tiggrae wrote: »

it's the Unfair Consumer Contract Terms Regulations 1999 and it's section 5.1 if you want to put that down

You have to find the contract term that is unfair to use this though i was told when i wrote to the FSA and OFT. I have found them on my firstplus claims but this was what Di wanted to add also. Could you find the UTCCR on hers as she was unsure.

This is what i trying to say earlier. I had a long letter back from FSA to state that to use this term you have to have a term on a contract that is actually unfair. Most of Firstplus's are unfair as we know but Di was on about one that stated she would get a rebate. I think she can explain.

she has on hers
Please note that if you settle early before the settlement date you may be entitled to a refund

"The Rebate has been calculated in accordance with the Consumer credit (rebate on early settlement) Regulations 1983.

Mine also says on my Firstplus contract of insurance use of rule 78 in settlement and that rebate would not be proportional.

pinknico

The catalogue company is La Redoute part of the Redcats (brand) Limited.

Their reply to me telling them I hadn't requested Total Cover was that I was sold this in 2000. How could I have been sold it I didnit ask for it. How can they proove this they have admitted to no credit agreement.

They say legal requirements came in in JAN 2005 prior to this date no requirement to discuss benefits of insurance and areas not covered.However all customers taking out to an insurance policy prior to this date would have been issued with terms and conditions of the policy which would have given them full details of how the insurance worked together with what was or wasn't covered.
I didn't request this policy so did not get terms and conditions and if I had wouldn't have bothered with them as I didn't ask for the policy.
Based on this information it is our view that you would have received sufficient information,around the time of taking out the policy, to help you make a decision about whether the insurance was suitable.

Ididn't need to know if it was suitable I didn't ask for it or want it.

Also if I wanted this cover and knew I had it why did I not cancel it in MAY 2006 when I gave up work to be a full time mum iinstead of April2008 when I discovered I had it.

Having refused my complaint they will not uphold it. They haven't reviewed my complaint they've sent out a standard no way reply:mad:
RANT OVER:D

marshallka

Tiggrae, i have also noted that on Firstplus credit agreements it states on the actual agreement that if you have purchased the PPI insurance then this will be paid immediately you take the agreement out. Now i have read somewhere that if you are taking out PPI and it has life cover in then you have to have 28 days to cancel. On the agreement it then states that you have 7 days to cancel. This then does not give you this right if you see what i mean. Again another unfair term.

You have no normal cancellation rights at all.

marshallka

pinknico wrote: »

The catalogue company is La Redoute part of the Redcats (brand) Limited.

Their reply to me telling them I hadn't requested Total Cover was that I was sold this in 2000. How could I have been sold it I didnit ask for it. How can they proove this they have admitted to no credit agreement.

They say legal requirements came in in JAN 2005 prior to this date no requirement to discuss benefits of insurance and areas not covered.However all customers taking out to an insurance policy prior to this date would have been issued with terms and conditions of the policy which would have given them full details of how the insurance worked together with what was or wasn't covered.
I didn't request this policy so did not get terms and conditions and if I had wouldn't have bothered with them as I didn't ask for the policy.
Based on this information it is our view that you would have received sufficient information,around the time of taking out the policy, to help you make a decision about whether the insurance was suitable.

Ididn't need to know if it was suitable I didn't ask for it or want it.

Also if I wanted this cover and knew I had it why did I not cancel it in MAY 2006 when I gave up work to be a full time mum iinstead of April2008 when I discovered I had it.

Having refused my complaint they will not uphold it. They haven't reviewed my complaint they've sent out a standard no way reply:mad:
RANT OVER:D

What about the courts pinknico???

Redcats have already had an hefty fine...

di3004

marshallka wrote: »

Tiggrae, i have also noted that on Firstplus credit agreements it states on the actual agreement that if you have purchased the PPI insurance then this will be paid immediately you take the agreement out. Now i have read somewhere that if you are taking out PPI and it has life cover in then you have to have 28 days to cancel. On the agreement it then states that you have 7 days to cancel. This then does not give you this right if you see what i mean. Again another unfair term.

You have no normal cancellation rights at all.

And on my agreement there is nothing at all mentioned about cancellation (Endeavour), only about the whole loan when settled, not a clue what the repayments were without the ppi as this does not state this but I could try to figure this out somehow.....

It also states:
The Payment protection plan is now in force with the premium detail shown on the following page (agreement).
The insurance covers your contractual payments for the first 5 years of your loan or over the term of the loan if less than 5 years.

Oh and found this on the agreement now:
Your rights:
Under the Consumer Credit Act 1974, we should have given you a copy of this agreement at least 7 days ago to allow you the time to consider whether to go ahead.
If we did not, the agreement cannot be enforced without a court order.

pinknico

marshallka wrote: »

What about the courts pinknico???

Redcats have already had an hefty fine...

I would gladly take it to court but it was 2000 nearly 8 years ago, I couldnt afford to pay all costs if it was thrown out.:o

marshallka

Tiggrae, on Firstplus agreement again there is a thing about settling early (clause 6) and its states

You may settle this agreement in full at any time in accordance with the Consumer Credit Act 1974. If the settlement date is more than 120 months from the date of the Agreement, the amount payable shall be the balance of the Loan including all arrears and charges applicable, if any, plus interest up to the settlement date.

In all other cases the amount payable will be (a) the balance of the Loan including arrears and charges applicable, if any, plus interest up to the settlement date and (b) interest at the rate in force at the settlement date for the period from the settlement date up to the date 120 months from the date of this agreement (or earlier, to the date from when the agreement is due to end) less any statutory rebate to which you are entitled. You will also pay a discharge fee in accordance with our Customer Structures.

No mention of any 1983 regs here. Also if you settled with more than 120 months owing then you were entitled to no rebate according to this. You had no choice than to keep the agreement. You had to keep the agreement to get any rebate and owe less than 120 months.

These terms are not right.

marshallka

di3004 wrote: »

And on my agreement there is nothing at all mentioned about cancellation (Endeavour), only about the whole loan when settled, not a clue what the repayments were without the ppi as this does not state this but I could try to figure this out somehow.....

It also states:
The Payment protection plan is now in force with the premium detail shown on the following page (agreement).
The insurance covers your contractual payments for the first 5 years of your loan or over the term of the loan if less than 5 years.

Oh and found this on the agreement now:
Your rights:
Under the Consumer Credit Act 1974, we should have given you a copy of this agreement at least 7 days ago to allow you the time to consider whether to go ahead.
If we did not, the agreement cannot be enforced without a court order.

No Di, where i mention about the PPI its on the PPI agreement that you get a rebate not in proportion.

As regards the actual agreement (the loan agreement) it says on the back about the PPI being paid immediately and also there is no mention of the 1983 regs of settlement. Also no mention of the 5 year policy thing either.

Both loan and PPI on one agreement and no mention of the actual cost of the PPI too.

Cancellation right would be on the PPI policy too and we had none.

marshallka

di3004 wrote: »

And on my agreement there is nothing at all mentioned about cancellation (Endeavour), only about the whole loan when settled, not a clue what the repayments were without the ppi as this does not state this but I could try to figure this out somehow.....

It also states:
The Payment protection plan is now in force with the premium detail shown on the following page (agreement).
The insurance covers your contractual payments for the first 5 years of your loan or over the term of the loan if less than 5 years.

Oh and found this on the agreement now:
Your rights:
Under the Consumer Credit Act 1974, we should have given you a copy of this agreement at least 7 days ago to allow you the time to consider whether to go ahead.
If we did not, the agreement cannot be enforced without a court order.

So we need to find out about this thing about having a right to cancel insurance as we both had none by the looks of it:eek:

I read somewhere if it included life insurance then you have to have double the cancellation.

I will google it now.

di3004

marshallka wrote: »

No Di, where i mention about the PPI its on the PPI agreement that you get a rebate not in proportion.

As regards the actual agreement (the loan agreement) it says on the back about the PPI being paid immediately and also there is no mention of the 1983 regs of settlement. Also no mention of the 5 year policy thing either.

Both loan and PPI on one agreement and no mention of the actual cost of the PPI too.

Cancellation right would be on the PPI policy too and we had none.

Ta.;)
Please remind me of when yours were taken out hun, sorry I have forgot again due to all these complaints and dates lol.....:o
I have absolutely nothing added about Cancelling the ppi either, I have been checking and checking but nothing.