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.
In a nutshell Total cover was added to my home shopping account without my consent in November 2000 I didn't realise this until 2008. If I had known I had it I would have cancelled in 2006 when I gave up work to be a stay at home mum.
Redcats (brands) Limited are not covered by the fos or the FLA and I have been lead to believe court wouldn't help me as its over 6 years since the policy began.
So basically they have been able to take £1234 from me without my consent and have to answer to no one.
They also cannot produce a credit agreement to show I didn't request it.
They were still regulated in 2000 by the FSA via its ICOBS (Insurance Conduct of Business Sourcebook) in which it outlines rules and guidelines for member firms and outlines general rules under (s) 138 under the Financial Services and Markets Act 2000.
Most of the Rules create binding obligations on firms, while guidance is under (s) 157 of the Act.
You have not requested PPI, it has been added to your account without your consent or knowledge and it is up to them to provide evidence to the contrary to a Judge in a Court of Law.
You were within your right to expect a reasonable level of care from the lender, to be treated fairly and to receive sufficient amount of information for you to make an informed decision as to whether the policy suited your needs and circumstances. You were also within your rights to expect the lender to inform you of the true cost of the product over the lifetime of the loan.
Sounds to me as if you have received none of the above and if I were you I would threaten them with court action unless theypay up the total costs of the premiums plus the interest added.
They are also in breach of Data Protection Act 1998 for non-compliance of your CCA request. Very naughty!!
I presume it is they who have fobbed you off with this 'we're not regulated and the courts won't help you' nonsense ... hmmm
Give them the shock they deserve and go get em.
I assume you have sent a S.A.R - (Subject access request) and your preliminary request for payment. If not the latter then you should do that. If you have done that then it's lba time.
If you'd like help with a letter, just shout ...
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
In a nutshell Total cover was added to my home shopping account without my consent in November 2000 I didn't realise this until 2008. If I had known I had it I would have cancelled in 2006 when I gave up work to be a stay at home mum.
Redcats (brands) Limited are not covered by the fos or the FLA and I have been lead to believe court wouldn't help me as its over 6 years since the policy began. Please see this for Redcats (brands).... They may not have been authorised by the FSA but they were most certainly an appointed representative (1999) whose scope of appointment was limited to effecting introductions and distibuting non real time financial promotions.
They were authorised in 2005 under same name but different address....
see this Basic details for:
312583 - Redcats (Brands) Limited
Current status:AuthorisedEffective Date:14/01/2005Tied Agent:Undertakes Insurance Mediation:YRegistered under Money Laundering Regulations:Address:2 Holdsworth Street
Bradford
West Yorkshire
BD1 4AH
Phone:
Fax:
Email:
Website:
44 01274 729 544
44 01274 731 721
No e-mail address supplied La Redoute: French Fashion designer clothes at great prices - Home Shopping Catalogue UK
Notices:Unable to hold client money.
If they are mentioned in the FSA register then you may have a case to complain. I would however speak to the FSA first.
This is the FSA register to seek out info on FSA regulated companies. Just type in Redcats in the firms name box and hit the submit button.
So basically they have been able to take £1234 from me without my consent and have to answer to no one.
They also cannot produce a credit agreement to show I didn't request it.
Is there anyone I can get help from?
Hope this helps
Painty,
They are also in breach of Data Protection Act 1998 for non-compliance of your CCA request. Very naughty!!
Is this not the Consumer Credit Act 1974 as well or is it both
Thank you both, I have asked for my money back and received the standard letter saying I was sold this policy in Nov.2000 and that prior to January 2005 policies did not have the same requirements e.g discussion of the benefits of the insurance and areas not covered by the policy.I would have been issued with the terms and conditions.So in their opinion I as given sufficient information to help me make the decision whether the policy was suitable.
I have written to them to say that seeing as they have admitted to not having a credit agreement I am assuming they got the date of November 2000 from looking to see when the first amount was added to my account as I had not been sold this policy it was added without my consent.
And as the policy had been added without my consent their other points were irrelevant as I wouldn't have needed any terms and conditions or needed to know whether the policy was suitable.
Currently waiting for their reply but expecting another get lost letter.They have until the 6/10/08 to send anything relating to the account,they did send the total amount I had been charged for total cover but I have asked them for the the monthly amounts as I wanted to be able to add the 8% if it went to court! Still waiting.
Should I wait for this reply before contacting FSA?
And yes Paintball if my letter is not successful I would love help with a letter as I know it will be a masterpiece and probably get a instant result !
Thank you both again I thought it was a hopeless case.
Pinknico, it's always wise to stick to the stages of letters with appropriate timescales attached: SAR, Preliminary request for payment and setting out why you believe you have been mis-sold PPI and how they have breached regulations code of practice in so doing, then letter before action ...
This will show the fos or the Courts (whoever you choose to escalate your complaint/claim to) that you have given the lender every opportunity to investigate your complaint and provide proof that they have not mis-sold and have treated your fairly.
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
I have today been sent a list of charges going back to 2005 as they have nothing before then ,this consists of two charges 1 in 2007 and 1 in 2008
Should their records go back further?
Previously they sent me a letter saying PPI payments totaled £1234 from 2000 to 2008 and when I requested the totals listed as monthly payments they today sent me a list of PPI payments from 2003 to 2008 totaling £760 and said they had no records further back, so how did they get the first figure of £1234?
No sign of anything that resembles a request for PPI.
No sign of reply to my letter requesting a refund of all payments.But I didn't really expect one yet.
Previously they sent me a letter saying PPI payments totaled £1234 from 2000 to 2008 ( I would stick with this first figure as I believe they will try and reduce any amount they will have to pay backi) and when I requested the totals listed as monthly payments they today sent me a list of PPI payments from 2003 to 2008 totaling £760 and said they had no records further back, so how did they get the first figure of £1234? (keep the first letter and stick with that figure if they provided it then surely it must be accurate and the £750 is a figment of their imagination or a porky
Keep all of the evidence in a safe place build your case and hit them for a refund
Had the final response from La Redoute today and I quote:
"I am sorry that you are unhappy with the resoponse you have received.
May I refer you back to our original response which informed you that we are not in a position to uphold your complaint as the sale of general insurance was not regulated by statutory law and the regulatory requirements did not exist at the point of time when the cover was sold to you.Therefore Redcats (brands) Ltd denies breaching any statutory requirements." end quote
It then goes on to say I can refer this matter to the fos.
a) To right I am unhappy with the response I received.
B) this policy was not sold to me, it was added to my account without permission.
C) I can't take it to the FOS and they know that and should get done for mis leading information.
Please could someone help me with a strong worded lba?
Or should I go the court route now?
Had the final response from La Redoute today and I quote:
"I am sorry that you are unhappy with the resoponse you have received.
May I refer you back to our original response which informed you that we are not in a position to uphold your complaint as the sale of general insurance was not regulated by statutory law and the regulatory requirements did not exist at the point of time when the cover was sold to you.Therefore Redcats (brands) Ltd denies breaching any statutory requirements." end quote
It would have come under the General Insurance Standards Council (GISC) General Insurance Standards Council
The General Insurance Standards Council (GISC) is an independent, non-statutory organisation that was officially launched on 3 July 2000 to regulate the sales, advice and service standards of its members. Their main purpose is to make sure that general insurance customers are treated fairly. (I believe GISC was superceded by the FSA)
Basically they are saying we were beyond the law are still beyond the law so we could please ourselves on the best way to Rob you blind and you can't do anything about it
It then goes on to say I can refer this matter to the fos.
a) To right I am unhappy with the response I received.
B) this policy was not sold to me, it was added to my account without permission.
C) I can't take it to the FOS and they know that and should get done for mis leading information.
Please could someone help me with a strong worded lba?
Or should I go the court route now?
Have you spoken to FSA or FOS about this?
At this point no doubt all the Legal team will pile in and help you with some sound advice. Sadly I am not experienced in the Court procedures area.
My personal feeling is to bypass the fos and threaten La Redoute, via an lba, with court action.
In the LBA you will need to set out your complaint citing your case for mis-selling and the regulatory body (GISC) guidelines and how they have breached them. They are also bound by the FSA Principles of Business within the Markets and Services Act 2000, which are legally binding upon La Redoute as a 'lender'.
As mentioned above, La Redoute have not complied with your CCA request, which is yet another breach of the law so in my opinion you are in a strong position.
If it came to a filing a claim in court, you would be able to issue a CPR 18 request for the Credit Agreement ...
You also have the recent FSA report on their continued findings of PPI mis-selling by lenders to quote from to La Redoute.
I cannot see La Redoute justifying their rather arrogant stance in court to a judge ... mis-selling, refusing to treat you fairly, the dismissive 'we are not regulated' tosh, no Credit Agreement ... hmmm, looks non to good for them The objective here is point all of this out to La Redoute and get them to realise their weak position ... and pay up
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Thank you both again, I have spoken to the fos and I think it must have been a student because he said to send the complaint in any way and see what happens.:grin:
Is there a template anywhere I can look at and adapt for my lba?
I will also get in touch with the FSA just so another complaint goes on their file!
There's a generic template yes but not for this situation, it would need heavily adapting. If you like I can have a stab at a letter with you cos I've done loads on there for others and I enjoy it
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Paintball you are a star and if you really don't mind doing that for me that would be great, I really wouldn't know where to start but I am determined they wont get away with it!
Before we start to prepare the LB, I wonder if you can answer a few Qs for me.
I have the impression that there is some doubt (if I'm reading your thread correctly) as to the amounts owed/paid as you are obliged to work from incomplete information provided to you from your SAR.
Your post #9 says that you believe £1234 is the correct figure for payments made from 2000. Can you indicate what this figure is made up of, for example, PPI payments, plus interest, plus charges ...
The reason I ask is that a) I don't want you to miss out on anything and b) it will work in your favour if you are absolutely clear about what you requesting/reclaiming.
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Hello Paintball,
When I first asked for a list of charges of PPI they sent me a letter saying that from November 2000 to April 2008 the amount that had been paid was £1234.18p (no interest in that total)
Then when I asked for them to send the individual amounts they said they only had the amounts from October 2003 to April 2008 this was approx £760.(no interest in that total)
They say that late payment charges they can only supply from 2005 and this only includes £15 in 2007 and £12 in 2008. I have no idea if there are anymore pre 2005.
I hope this is what you were after.
I hope one day I can help you out with something but god knows what with you seem to have it all covered!:grin:
On the credit agreement that wasn't mine but they said I would have signed something like it(!) it says
A rate of interest of 2.00% (apr 26.8%) for balances up to and including £600.
A rate of interest of 1.52% (apr 19.9%) for balances above £600
I write to inform you that I am not satisfied with the response you have provided to my initial complaint. I assert that I have been mis-sold Payment Protection Insurance (PPI) taken out on the above named Home Shopping account on date.
At the time of opening the home shopping account, PPI was added to the account without my knowledge or consent. You state that at the time of opening the account your organisation was not regulated by the FSA. This is not the case as your organisation was regulated in 2000 by the FSA via its ICOBS (Insurance Conduct of Business Sourcebook) in which it outlines rules and guidelines for member firms in the selling of financial products including PPI to customers, and outlines general rules under (s) 138 of the Financial Services and Markets Act 2000. The rules state quite clearly that customers should be treated fairly and be provided with sufficient information to help them make informed decisions about the purchase of PPI, which is not compulsory within a credit account, in particular as to whether the product is suitable to meet individual needs and circumstances.
Despite my SAR to your organisation which is legally binding upon you, you have failed to provide me with either a true signed copy of a regulated credit agreement or a true signed copy of the application form for the home shopping account indicating that I had elected to purchase the PPI that was added to my account. You are therefore, in breach of Section 78 of the Consumer Credit Act 1974 which clearly states that you are obliged to provide the information that I have requested.
In addition to this breach, your organisation had an obligation as a lender to provide information that would enable me to make an informed decision as to the suitability of the PPI product that you added to my account to ensure that it met my needs and financial circumstances. I should also have been made aware of alternative options available, or comparative costs of similar PPI products from other suppliers, which information as a well known financial institution, you would most certainly have had access to.
At no point did I receive any such information, either by letter, document or telephone call which followed the above guideline. The documents that you have provided copies of do not contain any of the information that I have outlined above and cannot, therefore, be deemed as meeting the standard of care which you should have provided.
In spite of my requests, you have failed to provide any evidence, documentary or otherwise, to demonstrate that you have treated me as your customer fairly and followed industry guidelines in the selling or addition of PPI to my account.
I reposed absolute trust in your ability as a financial institution to provide a reasonable level of care and skill in ensuring that my best interests were met when opening a home shopping with your organisation. This has not been the case and I am extremely shocked and disappointed. I feel that La Redoute has taken advantage of my lack of knowledge and acted dishonestly, and am shocked that you continue to assert that PPI was fairly added to my home shopping account as this is clearly not the case.
I would remind you that the FSA takes the mis-selling of PPI extremely seriously and you will be aware the recent investigations by both the FSA and Competition Commission have found that lenders continue to engage in "poor sales practices" and that "customers were not informed orally of both the monthly and total cost of their PPI". (FSA report 30/9/2008).
I request the return of (insert amount here plus interest) within 14 days of receipt of this letter by you. If you do not comply with my request, I will have no option but to escalate my complaint to the courts. I should also remind you that the fos take the issue of mis-selling of PPI extremely seriously and in many cases, have imposed large fines on financial institutions who are in breach of regulations.
I look forward to receiving a positive response from you within the prescribed time limit.
Yours sincerely
Your name here
'Fortune favours the brave.'
Any advice given is purely on the basis of my own views and opinions and offered in good faith.
Any Hope?
or the FLA and I have been lead to believe court wouldn't help me as its over 6 years
Reply With Quote
Originally Posted by alanalana
and if you really don't mind doing that for me that would be great, I really wouldn't know where to start but I am determined they wont get away with it!