PPI Reclaiming discussion Part II

walkingstar

tiggrae wrote: »

I'm presuming you're going to court because you can't take the seller to the FOS - if you're going the court route please be VERY specific on the Particulars of the Claim on the N1 Claim form - you need to specify under which legislation and case law you're bringing your action !!!!! This is SO important

Hi just read back on your previous posts - to be perfectly honest what I would do is request a stay be placed on your court proceedings and take your complaint to the Financial Ombudsman - as it's lombard they are covered by RBOS jurisdiction - they will take a long time to respond but it's so much easier and a lot less stressful then the court route - if you get the law or one thing wrong your claim can be struck out !!!!

Now i dont know what to do, the papers should be in today / tomorrow. The loan was taken out in 2003 and i was told it was out of the time line for the Financial Ombudsman.

m.colak

walkingstar wrote: »

Now i dont know what to do, the papers should be in today / tomorrow. The loan was taken out in 2003 and i was told it was out of the time line for the Financial Ombudsman.

Who told you this?

walkingstar

m.colak wrote: »

Who told you this?

I am sorry i can't remember, this has been going on since last August, it took them till 20th December to come to a decision. I filled the Notice of Issue on the 10th April because of the £80.00 i had to find it from somwhere.

marshallka

m.colak wrote: »

Well once they have passed all the deadlines, ie the 31st of the month, you can apply to get a judgement by default. The court will then file a judgement against the defendant(non-defendant) and they will be informed of when they have to pay the debt by. If they don't pay then the court will issue a warrant for the removal of goods to the said amount etc.

Sounds good to me. I really hope they win (NOT FREEDOM). :j

marshallka

m.colak wrote: »

Who told you this?

I wondered that too. I thought the FOS dealt with anything financially going back 6 years. If he dismisses mine then i shall make a complaint against the FOS:eek:

Mine was settled in 2003

m.colak

walkingstar wrote: »

I am sorry i can't remember, this has been going on since last August, it took them till 20th December to come to a decision. I filled the Notice of Issue on the 10th April because of the £80.00 i had to find it from somwhere.

Ok we have four problems here:

1. We don't know who told you not to go to FOS
2. Although the loan was started in 2003 if it is still running then the complaint could have been viewed by the FOS, or if it had been settled say in the last couple of years.
3. You have already started Court proceedings and paid out £80.
4. Once a court case is started then the FOS will not get involved.

Let look at the solutions:

1. You can get the case stayed or stopped but there would be no guarentee that the FOS would get involved.
2. We can review what you have got and make sure your case is watertight.

So my advice is go with number 2. From your previous posts it seems that you have done your homework however we have to make sure that your N1 form contains the appropraite wording so if you can cut and past the info on your N1 form (minus an personnel info you don't want to share) and we'll start working through this together.

superjay

I took out a loan last year for 5grand with GE money and took the PPI on top. Now I'm in a position to clear the loan so asked for an early redemption figure. its around the £6,500 mark now. Alarmed I asked if I would receive the PPI back that I have and the lady on the phone said yes but only 50% because I'm in between month 10 & 18 of my contract? Does this sound right?

m.colak

superjay wrote: »

I took out a loan last year for 5grand with GE money and took the PPI on top. Now I'm in a position to clear the loan so asked for an early redemption figure. its around the £6,500 mark now. Alarmed I asked if I would receive the PPI back that I have and the lady on the phone said yes but only 50% because I'm in between month 10 & 18 of my contract? Does this sound right?

I would cite that this is against the ruling determined by the FSA on the grounds of a disproportional rebate and therefore you will either be expecting a better offer or you will be seeking redress via the FOS or the courts.

walkingstar

m.colak wrote: »

Ok we have four problems here:

1. We don't know who told you not to go to FOS
2. Although the loan was started in 2003 if it is still running then the complaint could have been viewed by the FOS, or if it had been settled say in the last couple of years.
3. You have already started Court proceedings and paid out £80.
4. Once a court case is started then the FOS will not get involved.

Let look at the solutions:

1. You can get the case stayed or stopped but there would be no guarentee that the FOS would get involved.
2. We can review what you have got and make sure your case is watertight.

So my advice is go with number 2. From your previous posts it seems that you have done your homework however we have to make sure that your N1 form contains the appropraite wording so if you can cut and past the info on your N1 form (minus an personnel info you don't want to share) and we'll start working through this together.

Okay that sounds good. Thanks. Option 2 is probably the way forwarded as i have gone this far.

The following was what i filled in on moneyclaim

That PPI insurance was sold to me and the
full particulars were not disclosed, namely
existing medical conditions under Section 2
(1) of the Misrepresentation Act 1967
Provides: Where a person has entered
into a contract after a misrepresentation
has been made to him by another party
thereto and as a result thereof he has
suffered loss, then, if the person making
the misrepresentation would be liable to
damages in respect thereof had the
misrepresentation been made fraudulently,
that person shall be so liable
notwithstanding that the misrepresentation
was not made fraudulently unless he proves
that he had reasonable ground to believe
and did believe up to the time the contract
was made that the facts represented were
true. The claimant claims interest under
section 69 of the County Courts Act 1984 at
the rate of 8% a year from 31st October
2003 to 8th April 2008 of £2133.09 and also
interest at the same rate up tothe date of

judgment or earlier payment at a daily rate.

They have defended the whole thing which is not surprising given their conduct over the life of this loan.

superjay

m.colak wrote: »

I would cite that this is against the ruling determined by the FSA on the grounds of a disproportional rebate and therefore you will either be expecting a better offer or you will be seeking redress via the FOS or the courts.

Thank you!

My bum nearly fell of the chair when she said it to me. :T