Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Is this true!!!!

    Hi Can anyone answer this

    The company who mis-sold PPIicon was regulated by the FSA after I completed my loan. They say I have no claim because this is prior to them being regualted, can I still pursue them in court over mis-selling.

    They have had all the details on mis-selling backed up by written documentation including alternative insurance and medical evidence. They asked for all of this and then fobbed me off saying they were not regulated at the time.

    A response would be appreciated, I have posted this before but had no reply.

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  2. #2
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    Default Re: Is this true!!!!

    Hello DIY,

    You may not be able to ask the FSA to deal with this depending upon the time of the PPIicon but you can take the Court route.

    I haven't been there yet I have prepared three claims and one was for before the FSA ruling on PPI. So I expect two maybe ruled on by the FSA and one will be a court action. Or they will all be Court action.

    Do not be fobbed off by the "we were not regulated by the FSA at the time of your Consumer Credit Agreement". Just like the bank charges they know they are wrong and hence offer settlements rather than attend Court to explain their actions. Strike while the Iron is Hot as they say, the PPI is about to take off big time and the Banks are playing delaying tactics.

    Follow all the advice you see from mods on various threads and some other great helpers on this site and you will be ok.

    It takes a bit of time but follow the stickies and the thread of someone challenging the same institution and always ask for help if you need it,

    Good Luck

    aa:grin:


  3. #3
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    Default Re: Is this true!!!!

    Quote Originally Posted by DIY13 View Post
    Hi Can anyone answer this

    The company who mis-sold PPIicon was regulated by the FSA after I completed my loan. They say I have no claim because this is prior to them being regualted, can I still pursue them in court over mis-selling.

    They have had all the details on mis-selling backed up by written documentation including alternative insurance and medical evidence. They asked for all of this and then fobbed me off saying they were not regulated at the time.

    A response would be appreciated, I have posted this before but had no reply.
    Hello DIY,

    When did you take the loan out

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  4. #4
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    Default Re: Is this true!!!!

    Quote Originally Posted by hellhasnofury View Post
    Hello DIY,

    When did you take the loan out
    Hi Hhnf

    Thanks for responding. I took at the HP agreement out in April 2001, the first payment 24 May 2001 and the last payment 16th December 2002.

    My first letter to them re mis-selling of PPIicon was 10th October 2007.

    Thanks


  5. #5
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    Default Re: Is this true!!!!

    Quote Originally Posted by alanalana View Post
    Hello DIY,

    You may not be able to ask the FSA to deal with this depending upon the time of the PPIicon but you can take the Court route.

    I haven't been there yet I have prepared three claims and one was for before the FSA ruling on PPI. So I expect two maybe ruled on by the FSA and one will be a court action. Or they will all be Court action.

    Do not be fobbed off by the "we were not regulated by the FSA at the time of your Consumer Credit Agreement". Just like the bank charges they know they are wrong and hence offer settlements rather than attend Court to explain their actions. Strike while the Iron is Hot as they say, the PPI is about to take off big time and the Banks are playing delaying tactics.

    Follow all the advice you see from mods on various threads and some other great helpers on this site and you will be ok.

    It takes a bit of time but follow the stickies and the thread of someone challenging the same institution and always ask for help if you need it,

    Good Luck

    aa:grin:
    Thanks ever so much for your advise alanalana. asked for further info and then send a fob off letter gets my back up.

    I am prepared to take the court route if need be.


  6. #6
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    Default Re: Is this true!!!!

    Quote Originally Posted by DIY13 View Post
    Hi Hhnf

    Thanks for responding. I took at the HP agreement out in April 2001, the first payment 24 May 2001 and the last payment 16th December 2002.

    My first letter to them re mis-selling of PPIicon was 10th October 2007.

    Thanks
    Hello DIY,

    If you took out the agreement in 2001, they are correct in what they state regarding not being regulated by the FSA. The FSA started to regulate financial companies in 2005.

    This again is a fob off, they use to mislead you to thinking that you can't do anything about the mis-selling, there is always the option of issueing legal proceeding against them for the return of your money:grin:

    Just shout if you need help with anything:grin:

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  7. #7
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    Default Re: Is this true!!!!

    Quote Originally Posted by hellhasnofury View Post
    Hello DIY,

    If you took out the agreement in 2001, they are correct in what they state regarding not being regulated by the FSA. The FSA started to regulate financial companies in 2005.

    This again is a fob off, they use to mislead you to thinking that you can't do anything about the mis-selling, there is always the option of issueing legal proceeding against them for the return of your money:grin:

    Just shout if you need help with anything:grin:
    Thanks Hhnf

    In my last letter to them just before Easter I said I would be taking court action. I guess my next question is the POCicon, I have overwhelming evidence that PPIicon was mis-sold under medical exclusions and having alternative adequate insurance for health cover. They have had a copy of all of this so is the next stage filing a N1?

    Your help would be appreciated in directing me to the right POC for this.

    Thanks DIY13


  8. #8
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    Default Re: Is this true!!!!

    Well, since my last post I've filed at court against the car dealership. I have had a reply that they have until 13 May to file a defenceicon.

    I've never been to court before can anyone give any advice on what I should be expecting if they intend to defend????

    Has anyone got to this stage and recieved a payment without going to court?

    Any info would be greatly appreciated

    DIY13


  9. #9
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    Default Re: Is this true!!!!

    Quote Originally Posted by DIY13 View Post
    Well, since my last post I've filed at court against the car dealership. I have had a reply that they have until 13 May to file a defenceicon.

    I've never been to court before can anyone give any advice on what I should be expecting if they intend to defend????

    Has anyone got to this stage and recieved a payment without going to court?

    Any info would be greatly appreciated

    DIY13
    Hello DIY,

    Good for you, that will certainly make them sit up and take notice of you.
    If they do defend, they will reply to your POCicon, can you tel lus what you put for your poc

    The Judge after reading the case will allocate the case to a certain track, this is based on the amount claimed and the legalities behind it. They will also issue instructions which must be followed by both parties.

    I would imagine that the company in question will pay out before the court date, but you will have to wait and see.

    Keep us posted with developments please and if you need help just ask:grin:

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

  10. #10
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    Default Re: Is this true!!!!

    Quote Originally Posted by hellhasnofury View Post
    Hello DIY,

    Good for you, that will certainly make them sit up and take notice of you.
    If they do defend, they will reply to your POCicon, can you tel lus what you put for your poc

    The Judge after reading the case will allocate the case to a certain track, this is based on the amount claimed and the legalities behind it. They will also issue instructions which must be followed by both parties.

    I would imagine that the company in question will pay out before the court date, but you will have to wait and see.

    Keep us posted with developments please and if you need help just ask:grin:

    Hi Hhnf

    Thanks for your reply. I used one of the POC's that I found on the site, however amended the wording to relate to my claim. Should I put POC on this thread or pm you?



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE