PPI Reclaiming discussion Part II

marshallka

di3004 wrote: »

Come to think of it Singlep has not been here for a little while

No, wish he was. Very informative on these types of things.

marshallka

di3004 wrote: »

I remember reading this and I had given my story to Ed Monk also about my mis selling story (as you have already seen), and I think what he says is right about "no guarantees but the Ombudsman should at least hear your case).;)

He never mentions the GISC though hereConfusing again...

di3004

marshallka wrote: »

Oh Di, i don't know. I have a headache now with it and beginning to sound a little screwed up here so i might give myself a break and be back tomorrow. Its soooo confusing when you have not got a clue. You know that you have a case and you know what your complaining about but can you make that complaint??? I just don't know. I wish I did...

Wish there was some firm answers here, yes its very confusing and there should be more information on this actual subject to give it more of a clearer picture.
Very frustrating.
You certainly deserve a break hunni, you go for it hun, I'm off for a shower and come back a little later if not tired.;)
Go and have a cuppa and put your feet up.:beer: xxx

marshallka

di3004 wrote: »

Wish there was some firm answers here, yes its very confusing and there should be more information on this actual subject to give it more of a clearer picture.
Very frustrating.
You certainly deserve a break hunni, you go for it hun, I'm off for a shower and come back a little later if not tired.;)
Go and have a cuppa and put your feet up.:beer: xxx

Cheers Di. I am sooo tired of it all. I just need a good sleep and then i will be refreshed for tomorrow hopefully and even better with a clear head.

Night night Di. I think we have hogged the thread tonight. I don't think anyone else dare post:eek:

We only want to find out clear guidelines for others too.We want to give the correct info...

di3004

marshallka wrote: »

Cheers Di. I am sooo tired of it all. I just need a good sleep and then i will be refreshed for tomorrow hopefully and even better with a clear head.

Night night Di. I think we have hogged the thread tonight. I don't think anyone else dare post:eek:

We only want to find out clear guidelines for others too.We want to give the correct info...

Sleep well hunni.;) You will feel loads better tomorrow, have cuppa and a relaxing read before you go off to sleep - this helps.;)

Yes I have noticed no-one else has posted.......:eek: , sorry folks, we have not forgetten about any of you......:D

Di.
xxx

bezntom

di3004 wrote: »

I am surprised they have not actually stated if they admit it were mis sold or a goodwill gesture, I would try to get this answer from them too, because if this is put into writing and it was that of mis sold you have every right just like what Marshallka said that you can have this refunded directly to you.

You could still fight it out though despite that.

As soon as you have the figures post up here hun and these will be worked out.;)

I have written to Egg and asked them for the conclusions they drew from a comprehensive review of my complaint which resulted in their arranging a full refund of premium plus interest .I did not actually want to ask if it was goodwill or admittance of mis selling in case it prompted them to say it was goodwill .Awaiting reply .
And thanks folks for your input and support :T

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

Have you asked them for a copy of the agreement. Its its ongoing and not closed then they have to supply you with an executed agreement... (signed by you and them).

sections 77-78 CCA 1974 I think they should provide this within 12 days of asking.

77 Duty to give information to debtor under fixed-sum credit agreement

(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(c) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.


(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or
(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.


(4) If the creditor under an agreement fails to comply with subsection (1)—
(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.


(5) This section does not apply to a non-commercial agreement.



78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—


(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

(c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.


(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3) Subsection (1) does not apply to—

(a) an agreement under which no sum is, or will or may become, payable by the debtor, or

(b) a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.


(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a) showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b) where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(6) If the creditor under an agreement fails to comply with subsection (1)—
(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

(7) This section does not apply to a non-commercial agreement, and subsections (4) and (5) do not apply to a small agreement.

di3004

bezntom wrote: »

I have written to Egg and asked them for the conclusions they drew from a comprehensive review of my complaint which resulted in their arranging a full refund of premium plus interest .I did not actually want to ask if it was goodwill or admittance of mis selling in case it prompted them to say it was goodwill .Awaiting reply .
And thanks folks for your input and support :T

Hi there bezntom

A way to go hun, well done !!!
Di.
x

di3004

Good morning everyone.:j

Are you feeling any better today Marshalla hun ?;)

Right just been working it all out just to make sure I have the right deadline dates to hear from "End", and I did think it was today, now work out as from 30th July, to 8 weeks from there, now wouldn't that be tomorrow then ?:rolleyes:

I think I have been a day out here.......:o , thought it was today, even though I know we will not hear from them, but at least by being prepared with the complaint form, I will wait until tomorrow to send this off now which gives me a chance to finish writing further details on a separate letter, then go over it to make sure nothing is missed.:D

marshallka

Di, i am going to send off my complaint for unfair terms in contracts as i think that although it was April 2007 that the Ombudsman could deal with consumer credit complaints I think that this was just that they took on the complaints of people holding consumer credit licences. My complaint is about a bank (the banking code etc) as I am putting Barclays Trading as Firstplus so maybe they can. Just have to see. Its can't do any harm can it??

If it gets thrown back then at least I have exhausted my options here and then its up to me if the courts should be my next step.

What do you think??

I do think their terms are unfair so I am going with my gut feeling here.