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we wrote to First Plus on 12th November setting out claim for missold PPI
for a loan that they told us we had to have ppi to get it
recieved a fob off letter telling us they would reply by 22nd December, haven't been able to action this as i am currently ill and just starting to recover
Is there a letter to put them under some pressure, as i am sure the reply will then drag things out until 2009 ?
I have had the same response only they said they will reply to me by 19/12/08. I think that if you gave them a dealine to respond to then you can go ahead and send your second letter before action. I have chosen to wait.
recieved a response from 1st plus today telling me they dont believe that they mis-sold the PPI and they go on to state the following:-
"I have not been able to listen to the loan application telephone calls that took place on 5th May 2001 or 6th May 2001 where the ppi would have been discussed." does this mean they cannot disprove our statement that we were told that the ppi was needed to get the loan?
they also go on to state " However at the time that that you would have been put in contact withour account manager, your loan application would ahve been already agreed in principle, regardless of wether you chose to take the insurance being offered.
You signed our loan agreement on 17th May 2001. I have enclosed a copy for your information and must draw your attention to the section that confirms the figures for the loan, including what is stated in the 'Optional Payment Protection Premium'
Basically they have included the ppi premium in the loan to be repaid over 84 payments but then tell us the PPI was only valid for 5 years
Yes according to the advice I have received from Paintball and Alanalana on this site you do have a claim for mis-selling you will need to read some of the threads. I am not very good at providing links but search Firsttplus PPI. Good luck.
I will pick up your points in Blue text and give my views in red text
Hi there
recieved a response from 1st plus today telling methey dont believe (this is a good start as they dont believe that they mis-sold) that they mis-sold the PPI and they go on to state the following:- (so they are not 100% sure they only believe they did not mis-sell)
"I have not been able to listen to the loan application telephone calls that took place on 5th May 2001 or 6th May 2001 where the ppi would have been discussed." (You should of course request copies of these telephone conversations or at least transcripts of them under the terms of your Subject access request (SAR) I assume you have sent a SAR? does this mean they cannot disprove our statement that we were told that the ppi was needed to get the loan? (You will have to wait for the result of the investigation.
they also go on to state " However at the time that that you would have been put in contact withour account manager,your loan application would have been already agreed in principle, regardless of wether you chose to take the insurance being offered. (put them to provide a more comprehensive reply to this as they are just trying to fob you off here and pull the wool over your eyes.
You signed our loan agreement on 17th May 2001. I have enclosed a copy for your information and must draw your attention to the section that confirms the figures for the loan, including what is stated in the 'Optional Payment Protection Premium' It may have been optional but did they follow all the relevant procedures on whether it was suitable for you (did they ask all the necessary questions as to whether the policy fitted or not? or whether all the prescribed terms were included
Basically they have included the ppi premium in the loan to be repaid over 84 payments but then tell us the PPI was only valid for 5 years
IMO the ppi has been mis-sold but you will need to get confirmation and further advice. I would suggest a call to the Financial Ombudsman Service before committing but the fos is a good and no expense way to go before committing to Court Action.
do we have a claim for mis-selling at all?
IMHO and I am as you can see not legal expert just a volunteer helper I would suggest YES you would have a valid claim but others may differ in their opinion so please seek further advice.
Good luck anyway if I can help out I surely will
aa
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I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
First Plus Fob Off
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