PPI Reclaiming discussion Part II

carolineo55

marshallka wrote: »

They would have told you this as you must have used a broker when you had the loan and that was Central Capital. You need to write to Central for the misselling as its always the seller of the insurance that you make the claim through. When was this taken out??

Is this Central capital
First Floor, Albert House
South Esplanade
St. Peter Port
Guernsey
Channel Islands
GY1 1AJ

Do you remember who you dealt with or do you have any paperwork for the loan now as it looks like these are based in the channel islands.

Do any of these ring a bell
Trading Name Debtbuster Loans 02/04/2005
Trading Name Independent Finance 02/04/2005
Trading Name Independent Mortgages 02/04/2005
Trading Name Loans4business 02/04/2005
Trading Name Loans4tenants 02/04/2005
Trading Name Platinum Loans 02/04/2005

as these are trading names of Central Capital.

sorry should have posted this as well to make thread clearer

marshallka

This is what i have emailed to the FOS


Please would someone just tell me if my complaint about unfair rebate is going to be looked at and you have all the right documents.

I know this complaint was complicated in the beginning as I went for the misselling of the PPI to Barlcays Firstplus and then they told me that someone else had sold this to me.

I then complained to Barlcays FIrstplus about the high settlement figure that i paid and they told me that they would look into this complaint. They then told me it was because of the "rule of 78" being used in the calculation of this. I then wrote to them about this rule and had little understanding and knowledge at the time of what this rule was. I also had little understanding of the fact that my settlement was high also because of the "little rebate" i had against my PPI. I did make several complaints to them on lots of different occasions. Each one was addressed accept for the unfair rebate which i mentioned in a letter to them on the 9th June 2008 along with trying to hold them responsible under equal liability of selling me the PPI.

I got a response from them again on this in that they stated rule 78 was the reason my settlement was high and they completely ignored my mentioning the unfair rebate.They also again stated that any complaint about the insurance had to be taken to the seller. I had no comeback with the seller as they were not under your jurisdiction as they were based in Gibraltar.

I want to make sure that my final response sent into you this time about the unfair rebate is one in which you can use. It is a final response in response to my complaint about the settlement of the loan. I did complain about the unfair rebate but they took this complaint and twisted it into the "rule 78 thing" and made my complaint about that. I was complaining about this rule 78 too but i DID mention in my letter of 9th June 2008 UNFAIR REBATE. They never mentioned this UNFAIR REBATE in my response letter back. They only mentioned the settlement and it was in accordance with the 1983 regs. I did not understand how these policies work in that I would be paying interest on this for the full term of the loan and never was told this by Barclays First Plus either. I just knew that my settlement was too high for how many payments we had made.

This complaint was then passed to an adjudicator with you on the 27th June, 2008 and Firstplus told me in a letter that they would only then deal with the Ombudsman. I then was told on the 30th June that my complaint about the selling of the PPI lay outside jurisdiction and also my complaint about the settlement of the loan in 2003 fell outside jurisdiction. I headed this complaint (as when i telephoned yourselves you pre filled this in) settlement and rule 78. I understood that the selling of the PPI was most probably not something you could look into but the unfair settlement was most probably something you could as Barclays Firstplus were in fact members of the GISC in November 2001.The complaint reference number for that that was sent back to me was 78/DS*******

My unfair rebate is as follows and I have had this calculated below

My loan was £17000 with a PPI of £4163
The PPI element of the loan was 19.67%
19.67 of my repayments of £285 per month = £56.05 per month PPI
160 x 56.05 = £8968.00 PPI including all the interest I would have paid
Repayments of 39 x 56.05 = 2185.95
8968.00 - 2185.95 = 6782.05 - the rebate i got of £91.64 = £6690.41(THIS IS THE AMOUNT THAT I WAS UNFAIR REBATED ON) so I was actually charged all this amount when settling the loan early and it was very unfair. I would like this amount refunded and all the statutory interest too.

This was the reason our settlement was so high and as I said I had little understanding of this and FIrst Plus never once mentioned this when i complained. They only ever said that it was high because of the rule of 78 AND RULE 78 was used to calculate my settlement of the loan and the PPI. So I just want to state that I only have a few months to make a claim on this as by March of next year it would become statute barred in the eyes of the law. I want to make sure that you accept my letters and the final response from FIrstplus in regards to my complaint about an unfair rebate. I am sorry to have to write this lengthy letter but I feel I was let down by the Financial Ombudsman Service before with my same complaint in that they told me that this was outside of jurisdiction when in actual fact "where i stated the settlement and rule 78" i thought that would include this unfair rebate.

Bluemoon

I have this morning recived my first letter of rejection from First Plus saying that i was not missold a policy, they are saying it was all explained to me so whats my next step?

Bluemoon

di3004

Good morning.:D

Hubby received 2 letters from the FOS in this mornings post.
Does not look like they have looked into the fast track request yet or even if this request has been passed on.

Both of his 2 letters (Lloyds TSB) state that a colleague had wrote to him recently to explain that they will be contacting Lloyds TSB for further information about his complaint.
Their next step is to hand his complaint to one of their Adjudicators, who will consider carefully what he and Lloyds TSB have said before setting out their view on how the complaint should be settled.

Unfortuntately, because of the large number of complaints that they are currently dealing with, it may be a while before one of their Adjudicators is able to look at his complaint, but will write to him ASAP - and certainly within 2 months to keep in touch with him.

Then it states in the meantime they would be grateful if he could let them know of any important changes in personal circumstances that he have not already told them, for example:

Experiencing exceptional financial hardship because of circumstances connected to his complaint.

If suffering serious health problems or ill health which makes it extremely important that this complaint is resolved quickly.

Or have had an offer from Lloyds TSB since they last wrote, and accepted this offer to settle the complaint, (or are considering accepting it).

And the usual, if you need to contact them, with the phone number and email address or write.
.....................................................................................................

We will contact them on Monday just to make sure on the fast tracking thing.
And the last letter he did have was that it was waiting to be passed on to the adjudicator, nothing about them contacting LLoyds for further information as stated in this recent letter.

lg74

I wondered if someone can give me some advise please?

I submitted a claim to Lloyds for credit card PPI for the past 6 years or so. I wrote to them asking for details of all the cards I have ever had and based my claim on that from 2001 onwards.
Lloyds declined my claim so i sent it to the FOS, I have received a letter back today.

The letter says that in my FOS form I said the PPI was for the last 5 or 6 years, but the cover was originally taken in 1995. I based the last 6 years on the info from Lloyds and that also I didnt think I could claim over 6 years old.

I also mentioned that the sales adviser had been pushy etc, and Lloyds have come back with ' as you cant remember the date you took the claim out in, how can you remember what the salesman was like'

The FOS say i need to show the business (ie Lloyds) made an error or omission and as yet they havent seen anything to support this. They have also included a copy of the original paperwork from 1995 which Lloyds say I ticked for PPI and then signed. On looking at this, I wrote a 'N' next to PPI, but it has been ticked, and the tick is completely different to how I do them - ie looks like it was completed by someone else but how do I prove this?

I know full well that Lloyds mis-sold me the PPI, and the salesman was pushy, and that I didnt tick where they say I did - any ideas on how I go about proving them wrong to get my money back??

Would be grateful for any help on this.

di3004

Bluemoon wrote: »

I have this morning recived my first letter of rejection from First Plus saying that i was not missold a policy, they are saying it was all explained to me so whats my next step?

Bluemoon

Hi hun
Don't worry.

Now write back again until you receive the "final decision", if you get the same response again then you can move this complaint on to the FOS, check here on this link:
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

There is also a complaint form on the above link, but you will have to wait for the Final Decision first.

Tell them that you are not happy with their response on letter dated XX/XX/XXXX and if they do not reconsider your complaint you will have no option but to complaint to the Financial Ombudsman Service.

Good luck
Di.
x

di3004

lg74 wrote: »

I wondered if someone can give me some advise please?

I submitted a claim to Lloyds for credit card PPI for the past 6 years or so. I wrote to them asking for details of all the cards I have ever had and based my claim on that from 2001 onwards.
Lloyds declined my claim so i sent it to the FOS, I have received a letter back today.

The letter says that in my FOS form I said the PPI was for the last 5 or 6 years, but the cover was originally taken in 1995. I based the last 6 years on the info from Lloyds and that also I didnt think I could claim over 6 years old.

I also mentioned that the sales adviser had been pushy etc, and Lloyds have come back with ' as you cant remember the date you took the claim out in, how can you remember what the salesman was like'

The FOS say i need to show the business (ie Lloyds) made an error or omission and as yet they havent seen anything to support this. They have also included a copy of the original paperwork from 1995 which Lloyds say I ticked for PPI and then signed. On looking at this, I wrote a 'N' next to PPI, but it has been ticked, and the tick is completely different to how I do them - ie looks like it was completed by someone else but how do I prove this?

I know full well that Lloyds mis-sold me the PPI, and the salesman was pushy, and that I didnt tick where they say I did - any ideas on how I go about proving them wrong to get my money back??

Would be grateful for any help on this.

Hi there
Both my and hubby have 3 complaints in with the FOS right now about Lloyds Credit card ppi.

Tick wise yes I know what you mean and some are already regenerated ticks, if you know what I mean? Such as pre-printed etc.

If Lloyds do not supply you with any further information free of charge, the only way to do this is to request a SAR (Subject Access Request), but you have to pay a £10 charge for this (cheque or postal order payment).
By doing this though they will again only go back as far as 6 years :rolleyes: , but they must supply everything they have on you, even communication calls etc.

There is a template letter for this request on this site somewhere, hopefully if read by others they may be able to supply this for you.
You would need to send this by recorded delivery in order for this to be signed for, they cannot deny on receiving this and you can check when this reaches them on the royal mail website.

The snag is here they have 40 days to supply this where you do really need the information for as soon as by the seems of it.
Now maybe someone can suggest something else to you hun, with some useful advice in what to do about this.

I do hope this is resolved soon, good luck!
Di.
x

di3004

marshallka wrote: »

The wording on the complaint form to the FOS is fine but I have got 3 final responses from FIrst Plus. I wrote and complained about so many things. After their first final response I then sent my complaint into the FOS about unfair settlement. They then said they would look into this and led me to believe that they were and I assumed that this complaint would also incorportate the unfair rebate against the PPI. To me they all go together. Settlement and rebate.... I then wrote again about more things I had found wrong with the SAR and they then told me that as my case was now with the FOS and they had had letters requesting information from the FOS that they were now dealing with the FOS. As you know after being passed to an adjudicator I then was told by FOS that they could not look into this as FIrstplus were not under their juridiction until January, 2005 and my complaint related to 2003. I never communicated with FIrst Plus after that time. There is one letter in June whereby i mention that I have sent a complaint into the FOS about unfair rebate but they replied to this one by saying it was now with the FOS and that they would communicate through them. I have looked back over all my letters and I always relate to this in my letters as "settlement" and not unfair rebate. Will this now be thrown back. I don't want to wait and then it become statute barred. Will i have to make a clear complaint about "unfair rebate" or do my original complaints about the settlement count as that.

I am annoyed at the FOS about this one. They are my reason for being messed about just like Barlcays First Plus. They are partly to blame if this is now thrown back again and I shall be complaining about them next. This is a lot of money here.

This all blummin started in April this year and I feel like because of the FOS I have wasted 6 months. Also I keep ringing just to ask this question again and they will not tell me. I feel so frustrated here.

Hiya hun,
So your still none of the wiser then really ?

Its a long time though isn't it since April ?

I know if this Endeavour one of mine is thrown back at me this will be the 2nd time and I know I will be very annoyed, especially after being sent a letter from them to say they may be able to look at it, yet they state "MAY", again that is not an affirmative answer, so its a matter of not knowing is the annoying thing.

I don't blame you for the way you feel about these, and all you really want to know is really will they look at this without throwing this back in your face again !!!!:mad:

A lot of work and effort has gone into these complaints !!!

di3004

mac666 wrote: »

Hi there,

I have a loan with Halifax taken out in June 2007. Like a fool i took out the PPI as avised by the nice lady. I can't say that i was miss sold it . I just didn't know that i could get it cheaper elsewhere.

I understand i haven't got a claim to get a refund on the PPI. I would like some advice on how to cancel it.I understand that they may want me to take out a new loan but read that it should be at the same rates as the last one.

Any advice gratefully recieved. As totally confused

as i understand it is a load with a single premium policy on it.
i can't rememder being told the monthly and total price of the cover or that interest would be added.
looking at the the agreement i'm paying £1624.57 for the cover plus £667.03 interest on cover! wow:eek:

i've only had the loan for 1 year and would love to think if i cancel the ppi i can just repay the new loan.
i don't understand this rebate bussiness ( call me bumb lol )
sorry the more i read the more i'm confused.

i would like to understand what i'm talking about before a talk to halifax
thanks mac

Hi there
I think you have grounds for complaint here.

Check out this link for an explanation of reaons of Mis selling, there is also a template letter on that link too.
Write to them by sort of using the template but in your own words with your own reasons of why you believe you were mis sold, they have 8 weeks to get back to you, if not successful another letter should be sent in order to receive a Final Decision before you can complain to the Financial Ombudsman Office.

Here is the link as mentioned to help you out here and good luck!
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

Keep us posted - cheers.;)

Di.
x

marshallka

di3004 wrote: »

Hiya hun,
So your still none of the wiser then really ?

Its a long time though isn't it since April ?

I know if this Endeavour one of mine is thrown back at me this will be the 2nd time and I know I will be very annoyed, especially after being sent a letter from them to say they may be able to look at it, yet they state "MAY", again that is not an affirmative answer, so its a matter of not knowing is the annoying thing.

I don't blame you for the way you feel about these, and all you really want to know is really will they look at this without throwing this back in your face again !!!!:mad:

A lot of work and effort has gone into these complaints !!!

I have now covered myself with a letter to Barlcays First Plus sent recorded delivery today



We are writing in regards to my complaints about the settlement figure on our loan in 2003. We wrote and received lots of replies with regards to the settlement and in a letter to you of the 9th June we mentioned we were complaining about the” unfair rebate” we received on the PPI policy with yourselves.

This was unfair and we believe we were deprived of the sums below.

My loan was £17000 with a PPI of £4163
The PPI element of the loan was 19.67%
19.67 of my repayments of £285 per month = £56.05 per month PPI
160 x 56.05 = £8968.00 PPI including all the interest I would have paid
Repayments of 39 x 56.05 = 2185.95
8968.00 - 2185.95 = 6782.05 - the rebate i got of £91.64 = £6690.41(THIS IS THE AMOUNT THAT I WAS UNFAIR REBATED ON) so I was actually charged this entire amount when settling the loan early and it was very unfair. I would like this amount refunded and all the statutory interest too.

We have now resubmitted the complaint to the FOS and just as a courtesy as you never picked up on this complaint if you reread the letter of the 9th June 2008 to yourselves then I would like just to reiterate it here with the actual sums above.
We received an a very unfair rebate of this policy and we thought we could give you a chance to relook into the complaint again. This is not about the selling of the PPI policy, its about the rebate we received at settlement which in turn put our actual settlement up by the amount above. We did not realise that this was the reason for our settlement being so high and you always tried to make out this was because of the rule of 78 being applied at settlement.


I know its a crappy letter but i had to do in two minutes as the post office closed at 12.00. Just sent it recorded delivery so at least they cannot say that i have not actually complained about the unfair rebate. I did in fact incorporate it into a letter that i sent to them on 9th June but other than that i always complained about the settlement.