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.
We had a car loan in 2004 the car dealer sorted this out for us together with the PPI, we are attempting to reclaim back the PPi. We sent the first letter to the car dealer (and also to the loan company just in case) stating that we believe it was missold due to:1. Hubby being self employed at the time. 2.Previous medical condition. 3.Single premium policy but was not seen through to the end as we paid off the loan early. 4.The sales person told us we had to have it to get the loan. 5.We were not told that we could buy the insurance else where. Today we have received a letter saying the following: "We have investigated your claim and can advise that after consideration and having spoken to the Finacial Ombudsman's office your alleged claim does not fall within the Ombudsman's jurisdiction. With this in mind, I am afraid to advise you that we will not consider any settlement with regard toyour alledged claim for the following reasons:-
The insurance product you took out was purchased prior to the group being regulated (14 January 2005).
The insurance product you took out was terminated prior to the group being regulated (14 January 2005)
You still have the right to refer to the fos if you wish"
Is that it? Have I drawn a blank here or is there any hope at all?
I am also pursuing a PPI claim from a motor retailer on behalf of a friend.
I phoned the fos first and found out that this company were not regulated until 2005, whereas the loan was taken out in 2004.
I am currently investigating whether the Finance Leasing Association and/or the Office of Fair Trading will investigate.
Of course, just because they were not under FOS jurisdiction, doesn't mean they didn't have to obey any laws. For example, not misrepresenting a contract.
Obviously the next step would be a court action. You need to collect as much evidence as possible first so you are sure of your arguments, amounts, etc. Have you done an SAR to obtain all the terms and conditions?
[quote]"We have investigated your claim and can advise that after consideration and having spoken to the Finacial Ombudsman's office your alleged claim does not fall within the Ombudsman's jurisdiction. With this in mind, I am afraid to advise you that we will not consider any settlement with regard toyour alledged claim for the following reasons:-[quote]
You've only got their word for it that they spoke to fos - unless you've got a copy of a letter saying so...... and I wouldn't believe them if they told me today was Tuesday , without checking the calendar ... lol!
It might be worth trying FOS yourself, but meanwhile consider court action as suggested by MC above .........
Nemo me impune lacessit
Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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PPi claim rejected - advice needed!
, we are attempting to reclaim back the PPi. We sent the first letter to the car dealer (and also to the loan company just in case) stating that we believe it was missold due to:1. Hubby being self employed at the time. 2.Previous medical condition. 3.Single premium policy but was not seen through to the end as we paid off the loan early. 4.The sales person told us we had to have it to get the loan. 5.We were not told that we could buy the insurance else where. Today we have received a letter saying the following: "We have investigated your claim and can advise that after consideration and having spoken to the Finacial Ombudsman's office your alleged claim does not fall within the Ombudsman's jurisdiction. With this in mind, I am afraid to advise you that we will not consider any settlement with regard toyour alledged claim for the following reasons:-
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