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

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  1. #1
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    Angry BraveheartBear v FirstPlus

    hello, I am new to the consumer group as far as posting anything is concerned, but have read lots of your info on this subject and FirstPlus in particular . Have just received all my info from FP following my S.A.R and now dont know what to do next.

    I believe I was missold PPIicon by FirstPlus for the following reasons -

    1) At no time was I told that PPI could be purchased elsewhere to cover the loan
    2) It was not made clear that the insurance was only valid for the first five years of the loan - all the advisors kept reminding me was that i would get the premiums back after 5 years, no mention was made of the term of the policy, which I (naively) assumed would cover the full term of the loan since the advisor kept reminding me how important it was to cover a loan of this amount over a long period
    3) I was not asked if I already had any policy in place which would cover the loan
    4) I was not asked anything about medical history which might invalidate the insurance
    5) I was not advised of the full cost of the loan, that it would be a single premium paid at the start of the loan, but that interesticon would be added to the full term.

    My question first of all is do I have a claim ? or am I being overly optimistic ?

    My second loan details came with a booklet explaining the ppi policy, but while it mentions the 5 years, i thought this related to the cash back not the the policy itself, nor does it mention other policies being available, or the true cost of the policy. Earlier posts re Firstplus seem to give this booklet as a reason to refuse a mis sale, so is there any point in claiming ? The booklet came with the completed loan, that is after it was all agreed, and the money paid out, would this make any difference?

    My first loan was for £25000 plus PPI £4982 taken out in Nov 2000 and redeemed in May 2003, the second loan for £55000 plus PPI £13469, taken out in May 2004 and ongoing (though am hoping to redeem shortly). Both loans were for 300 months.

    It appears that FP used ( both on the first loan and on my recent redemption figure request) the rule of 78 to calculate my early redemption charges, from what I have read this has been proved unfair and is frowned upon. Can I challenge the use of this too, given the dates the loans were originally taken out ?

    Any help or assistance would be much appreciated.

    Braveheart Bear

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  2. #2
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    Default Re: BraveheartBear v FirstPlus

    Sounds like you are in excatly the same position as me and it's my belief we have been mis-soldicon.

    See my thread here... http://www.consumeractiongroup.co.uk...-plus-ppi.html

    Did they send you a cassette of your calls? They sent me one and it clearly works against them!


  3. #3
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    Default Re: BraveheartBear v FirstPlus

    Thanks for your comment.
    Yes they sent the tapes and they also do not support Firstplus at all.
    Should I be sending the letter asap, i'm eager to get this ball rolling sooner rather than later.
    Should I be claiming for both loans simultaneously or separately?
    Can I insist on them refunding the first loan directly to me and not to reduce the second loan, they were not linked in any way ?
    How do I calculate exactly how much we should be claiming for each, the excel link i've found appears broken.

    Any help I can get in sorting this out would be greatly appreciated.

    Many thanks in advance.


  4. #4
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    Default Re: BraveheartBear v FirstPlus

    Sent out letter yesterday giving Firstplus 14 days from receipt of the Recorded Delivery letter to respond with settlement of the first loan and calculations for the second.

    Assuming the calculations you have used, Bog, are correct, and i've checked them a couple of times because the numbers just seemed scary, I am owed over £30,000 for the first loan and potentially over £50,000 reduction on the second. all in all, if they settle by simply wiping off the second loan, i'll be happy.

    Needless to say, i'm not expecting a simple cheque, merely on the basis that I am asking for over £80,000.

    I will keep all informed. these people need to be stopped !


  5. #5
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    Default Re: BraveheartBear v FirstPlus

    Best of luck, will watch this one with interesticon (excuse the pun)
    I am in exactly the same boat, but with Halifaxicon. They show no duty of care and the attitude seems to be to just add on the PPIicon regardless of whether its suitable or not and then let the customer sort it out later, if ever.
    Best of,BB

    LF53

  6. #6
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    Default Re: BraveheartBear v FirstPlus

    Did they discuss any pre-existing medical conditions or employment history with you? as these seem to be there biggest get out clauses if you were ever to make a claim??

    LF53

  7. #7
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    Default Re: BraveheartBear v FirstPlus

    Hmm, let me think !

    Pre-existing medical conditions ?

    Oh, that's right, they mentioned nothing at all concerning what the policy covered, or for that matter what it did not cover.
    They did mention that I got my premium back after five years, and that I got my premium back after five years, also that I would get the premium back in five years along with the fact that as long as I did not claim, I would get a refund of the premium after five years.

    All that said and done, I went back and reviewed the tapes again, for both loans, and they make no attempt what so ever to establish if I needed insurance, but do mention it is adviseable on a loan of this size. They were clearly aware that I was employed and had been with the same company for years. They were also specifically told that I had no intention of letting the loan run the full term for either loan. They do mention the difference in monthly premiums during the calls, circa £20-30 per month, further implying that the premium was monthly.

    Oh, I forgot to mention, they did say that I would get the premium refunded after five years, so it effectively it does not cost me anything.

    Except effectively £90,000 for the two loans.


  8. #8
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    Default Re: BraveheartBear v FirstPlus

    Quote Originally Posted by Braveheart Bear View Post
    Hmm, let me think !

    Pre-existing medical conditions ?

    Oh, that's right, they mentioned nothing at all concerning what the policy covered, or for that matter what it did not cover.
    They did mention that I got my premium back after five years, and that I got my premium back after five years, also that I would get the premium back in five years along with the fact that as long as I did not claim, I would get a refund of the premium after five years.

    All that said and done, I went back and reviewed the tapes again, for both loans, and they make no attempt what so ever to establish if I needed insurance, but do mention it is adviseable on a loan of this size. They were clearly aware that I was employed and had been with the same company for years. They were also specifically told that I had no intention of letting the loan run the full term for either loan. They do mention the difference in monthly premiums during the calls, circa £20-30 per month, further implying that the premium was monthly.

    Oh, I forgot to mention, they did say that I would get the premium refunded after five years, so it effectively it does not cost me anything.

    Except effectively £90,000 for the two loans.
    LOL

    Yep, same for me!

    I think they will regret sending the tapes as they screw themselves into the ground on it. 50% of the conversation is checking details and the rest is "you should have PPIicon on a loan this size but you do get a refund after 5 years Blah Blah...."

    They know the y have mis-sold and worse still taken advantage of people when they are most vunerable.

    I sure they won't want these played out in court

    Mrs Vorderman make it seem like FP are so wonderful and are there to help - if only she knew (...or maybe she does???)


  9. #9
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    Default Re: BraveheartBear v FirstPlus

    i think closes her eyes and counts the cash, greedy moo.

    LF53

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    Default Re: BraveheartBear v FirstPlus

    Naa,
    Carol just looks at the pile of cash and know's exactly how much there is instantly. Along with the Square and Cube Root of it!!!

    One can only hope she does not know what what we believe these guys are up too.

    I genuinly can't wait for their first response.

    Now that I've hunted the web for a couple of weeks, I'm absolutely fuming at the sheer number of people who have fallen fowl of PPIicon, myself included.

    Will keep all informed....


  11. #11
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    Default Re: BraveheartBear v FirstPlus

    Blimey. FirstPlus responded with a standard holding letter.
    Is this more than everyone else has had in the first instance ?

    Their letter does advise that they will respond as quickly as possible, but not later than ????, completely ignoring the 14 days, or ????, detailed in our recorded delivery letter.

    They also advise that they enclose a complaints leaflet detailing how they work to resolve complaints, but have not enclosed it. Sort of supports the level of competence we all appear to have seen.

    Should we ring them to say they have not enclosed the leaflet, putting it on official record that they have failed to act proffessionally again?

    Should we respond stating we are not prepared to wait until then, or use this to respond should they reject the claim, stating that we have given them ample opportunity to review the claim, as a gesture of goodwillicon, especially as they can only review what they sent us in the S.A.R - (Subject access requesticon)?

    In the meantime, I have started to transcribe the conversations, so that should they reject my claim, I can quote verbatim their responses.


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    Default Re: BraveheartBear v FirstPlus

    I have loan with Firstplus and only found out recently that my husband was only covered on the loan even though its a joint loan we thought it was a joint policy. Also that it only covered him for the first 5 years (our 5 years are up now). I thought we were covered for the term of the loan. So you can imagine our shock to find we aren't covered now!! Anyway the thing I need to ask is I think we were definatley mis sold the insurance policy. We paid £15183 for 5 years cover!! outrageous. BUT 3 years into the loan my husband had an accident and was off work for 4 mths so we had to claim on the insurance. Does that me we can't complain about the PPIicon if we have already claimed on it. Are we stuffed??? Does anyone know??


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    Default Re: BraveheartBear v FirstPlus

    Afternoon "outraged".

    I think the fact that you have made a successful claim may make it very difficult to claim you were missoldicon the policy, when you clearly did need one.

    However, it may be worthwhile discussing this with others as it seems at least possible that you could have purchased a policy elsewhere for the full term cheaper, which would have also paid out.

    Would be interesting to see where this one could go !


  14. #14
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    Default Re: BraveheartBear v FirstPlus

    subscribing


  15. #15
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    Default Re: BraveheartBear v FirstPlus

    IMHO You were still mis-soldicon as you were not told ALL of the facts up front i.e the true cost in terms of interesticon.

    So it my not be possible to get a refund of the premium in full, but I would assume you could claim the interest you have paid to date.


  16. #16
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    Default Re: BraveheartBear v FirstPlus

    Morning Firtsplus fans !

    Well, I finally got their complains letter, which basically says we'll look into your complaint and if not happy you can pursue it further. Not the most useful document in the world.

    Anyway, i've been doing a little more digging through household paperwork and found something a little interesting.

    I have found docuementation which clearly confirms that I receive 2 years full Sick Pay, as a result of Employer Company Policy and Pension Benefits. Any redundancyicon would result in upwards of a years sallary in a lump sum with three months notice.

    I have been with this employer for over 10 years, covering both loans.

    So my question is, pre empting FP's rejection,
    As they did not ask me if I had cover elsewhere, along with a multitude of other questions that were not asked, does this further confirm that the policy was mis-sold?

    Secondly, I've seen a letter from Firstplus to my mortgageicon supplier asking for permission to charge the property with the amount of the loan, excluding the PPIicon amounts. Can I use this to further support the confusion about the PPI and means of payment?

    I've listened to the telephone callsicon again, and find no form of enquiry on behalf of FirstPlus to establish if I need the cover in the first place, no comments advising that the PPI is added to the Loan amount, just lots of comments about the size of the loan and the cashback.

    Have a good weekend !


  17. #17
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    Default Re: BraveheartBear v FirstPlus

    Quote Originally Posted by Braveheart Bear View Post

    Secondly, I've seen a letter from Firstplus to my mortgageicon supplier asking for permission to charge the property with the amount of the loan, excluding the PPIicon amounts. Can I use this to further support the confusion about the PPI and means of payment?
    Did you get this in your SARicon?

    I did not, which makes me even more certain they have not fully complied with SARicon.

    Did they quote 8 weeks for the comlaint to be looked into?


  18. #18
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    Default Re: BraveheartBear v FirstPlus

    Quote Originally Posted by Bog View Post
    Did you get this in your S.A.R - (Subject access requesticon)?

    I did not, which makes me even more certain they have not fully complied with SARicon.

    Did they quote 8 weeks for the comlaint to be looked into?
    Yes, the letter to my mortgageicon company came with the SAR.
    They quoted they would respond within 4 weeks, not 8 weeks. Seems they have a different policy for every client.


  19. #19
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    Default Re: BraveheartBear v FirstPlus

    Quote Originally Posted by Braveheart Bear View Post
    Seems they have a different policy for every client.
    Even more evidence of their inconsistancy -Which I will be using against them


  20. #20
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    Default Re: BraveheartBear v FirstPlus

    Evening all,

    Well, the time allowance provided in my letter has expired.

    We are now in the realms if my goodwill vs Firstplus's ability to keep to their promises. That is, to completely ignore my time limit and use their own.

    Needless to say, irrespective of their initial response, there will be no further extensions given and this will be made VERY clear in my next correspondence.

    In passing I have also noticed a number of "comments" in the S.A.R - (Subject access requesticon) documentation, referring to letters to and from my mortgage company, some of which have not been supplied. Can someone confirm to me that their is a breach of the Data Protection Act here as the SARicon was sent quite some time ago. If they state there is a letter, surely they should hold a copy of it?



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