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.

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  1. #1
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    Default Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    Hi All.

    Sent off my original claim / complaint letter a couple of weeks back to Welcome.

    Have had a letter back today stating they are keen to handle my complaint and that they will get the following from their files

    - The recording of the phone callicon during which the insurance was first mentioned to you
    - Copies of the documents we would have sent to you at the time
    - The script that was in place at the time
    - Records relating to the individual who spoke to you

    It then yammers on and says they dont feel they can accept my complaint.

    Then it says to fill out an included question form that asks about when I first became aware I had a complaint, my exact reasons for the complaint, what i remember from when i took out the policy, what documents was I given, details of my job at the time etc.

    What do I have to do now? Do I need to fill this in? Can I just move to continue the complaint? Are they actually likely to have recordings? I doubt it as I am sure I spoke with a 3rd party guy from netcars or similar.

    Would appreciate any advice or help, especially from those that are aware of this reply from them.

    If needed I can copy in / scan in the letter but I have pretty much covered it above.

    Many thanks in advance!

    Dave


  2. #2
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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    Hello itrends,

    welcome to the PPI forum

    Hi All.

    Sent off my original claim / complaint letter a couple of weeks back to Welcome.

    Have had a letter back today stating they are keen to handle my complaint and that they will get the following from their files

    - The recording of the phone callicon during which the insurance was first mentioned to you
    - Copies of the documents we would have sent to you at the time
    - The script that was in place at the time


    Above in red is all that they are required to supply to you under a Sujbect Access Request within the requirements of the Data Protection Act 1998.
    - Records relating to the individual who spoke to you (As above)

    It then yammers on and says they dont feel they can accept my complaint. If they have not yet supplied the information then how can they possibly accept your complaint? you will need the information so you can establish a viable complaint.

    Then it says to fill out an included question form that asks about when I first became aware I had a complaint, (in answer to this you state that you have only become aware of the issue of PPI mis-sellingicon due to the massive media coverage in recent months and therefore you have decided to proceed with a claim for mis-selling. my exact reasons for the complaint, (Mis-sold to you and you will have to provide reasons ie Pre existing medical conditions. self employed etc) Please see these links..........

    For claims before 2005 and the FSA ruling from which campaign
    How to tell if you’ve been mis-sold PPI
    Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI


    all above in here and much more useful information

    links

    what i remember from when i took out the policy, what documents was I given, details of my job at the time etc. You are making the claim/complaint let them dig up the information it is up to them to refute the claim for mis-selling not for you to provide any evidence of it. However if you have original documents keep them safe as documents produced by the banks etc can have a stack of information missing.

    What do I have to do now? Do I need to fill this in? They can ask you to provide information to help them find all the records but IMHO this is a delaying tactic as I supplied info via a questionnaire and copies of documents and today 13 months later and 2 months after settlement they are still sending me special delivery envelopes stuffed with additional info due to the involvement of the Information Commissioners Office. Can I just move to continue the complaint? If you have had a final responseicon then straight to the Financial Ombudsmanicon Service or Courts. your choice. Are they actually likely to have recordings? I doubt it as I am sure I spoke with a 3rd party guy from netcars or similar. If they have recordings they should have been produced to you under the Subject access requesticon or at least transcripts of the recordings.

    Would appreciate any advice or help, especially from those that are aware of this reply from them.

    If needed I can copy in / scan in the letter but I have pretty much covered it above.

    Many thanks in advance!

    Dave
    Hope this helps you out, keep asking and someone will assist I am sure

    aa

    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.
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  3. #3
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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    Thank you. I am going to try and digest this now.


  4. #4
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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    Hi again all, I have put together my reply to their letter. I wonder if someone may be able to have a read and pull me up on anything that I might be better off not saying, or indeed if I have neglected to included something....



    -------


    I refer to my letter dated 15th February 2009 in which I wrote asking for justification that the insurance sold with my loan was sold fairly, reasonably and within my best interests.

    I am writing in response to your letter dated 23rd February 2009, with regards the insurance sold with my car loan / HP. Your reference is COMP/XXXXX

    I have included answers to some of your questions as requested, however as you have not provided me with a transcript copy of the recordings, the script in place at the time or documents from the time that the loan was taken out that you mention, I do not feel your letter has offered a satisfactory justification that my policy was sold fairly, reasonably and within my best interests so I request that you look into my complaint again alongside the additional information I have provided as requested by you.

    The replies to your questions are as follows:

    When did I become aware that I had a complaint?
    I have only become aware of the issue of PPI mis-sellingicon due to the massive media coverage in recent months and therefore have decided to proceed with a claim for mis-selling.

    Exact reasons for the complaint:
    To the best of my recollection, at the time of sale / loan provision I was informed that I was required to take out PPI insurance on the loan amount. I have since discovered this is not a requirement. Additionally the form that was sent had those options pre-ticked and as such was not an option that I made while filling in the form.

    I have also since found that no documentation was sent to me that detailed the PPI or what it covered / would cover. On re-reading my agreement it makes mention of ‘leaflets’ that would be provided, however no such documentation / ‘leaflets’ were provided. I have kept all original documentation along with separate photo copies within my files during the duration of this HP agreement alongside all the documentation from the car sales office which has allowed me to confirm that this was the case.

    What do I remember from the time the policy was taken out?
    All the communication aside from forms was done over the telephone. As far as I can recollect this was done with an agent on behalf of Welcome Finance in conjunction / as a result of referral from an online car search website. Although the agent I communicated with was polite and helpful, it does appear that the loan itself was miss sold as a result of my above stated reasons and those I included within my initial letter to you on the 15th of February 2009.

    As stated in my original letter, unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums, and subsequent interesticon on these payments, that I have paid to date. As I believe I have been deprived of this money I also expect 8% statutory interest, the amount a court would award, to be added to each payment made.

    If I do not receive a more favorable response within 14 days I shall be taking my complaint to the Financial Ombudsmanicon which is a step you have also put forward as a recommendation within your letter dated 23rd of February.

    Yours faithfully,


  5. #5
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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    Can anyone offer me any advice on this as I want to send it tomorrow as I have to reply within 1 week.

    Thank you!


  6. #6
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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    No one?

    I am really worried about making a mistake


  7. #7
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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    One last cry for help before I give up on this

    Anyone?


  8. #8
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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    I am certain someone will have a look. Im in the same possition as yourself.

    Stewie


  9. #9
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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    Guess not then sniff


  10. #10
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    Wink Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    hello itrends,

    I refer to my letter dated 15th February 2009 where I asked for justification that the insurance sold with my loan was sold fairly, reasonably and within my best interests.

    I am writing in response to your letter dated 23rd February 2009, with regards the insurance sold with my car loan / HP. Your reference is COMP/XXXXX

    I have included answers to some of your questions as requested, however despite my request you have failed to provide me with a transcript copy of the recordings, or the relevant documents applicable to the agreement from the time that the loan was taken out. I do not feel your letter has offered a satisfactory justification that my policy was sold fairly, reasonably and within my best interests. I now insist that you look into my complaint again alongside the additional information I have provided as requested by you.

    The replies to your questions are as follows:

    When did I become aware that I had a complaint?
    I have only become aware of the issue of PPI mis-sellingicon due to the massive media coverage in recent months and therefore have decided to proceed with a claim for mis-selling.

    Exact reasons for the complaint:
    At the time of sale / loan provision I was informed that I was required to take out PPI insurance on the loan amount. I have since discovered due to massive media coverage that this is not a requirement. Additionally the form that was sent had the PPI options pre-ticked and as such did not allow me to make my own decision on the options while filling in the form.

    I have also since found that no documentation was sent to me that detailed the PPI or what conditions it covered or indeed excluded. On reading my agreement it makes mention of ‘leaflets’ that would be provided, however no such documentation / ‘leaflets’ were provided. I have kept all original documentation along with separate photocopies within my files during the duration of this HP agreement alongside all the documentation from the car sales office which has allowed me to confirm that this was the case.

    What do I remember from the time the policy was taken out?
    All of the communications other than the forms was done over the telephone. This was done with an agent on behalf of Welcome Finance in conjunction / as a result of referral from an online car search website. Although the agent I communicated with was polite and helpful, it does appear that the loan itself was mis-sold as a result of my above stated reasons and those I included within my initial letter to you on the 15th of February 2009.

    As stated in my original letter, unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums, and subsequent interesticon on these payments, that I have paid to date. As I believe I have been unreasonably deprived of this money I also expect 8% statutory interest, the amount a court would award, to be added to each payment made.

    If I do not receive a more favorable response within 14 days I shall be taking my complaint to the Financial Ombudsmanicon Service which is a step you have also put forward as a recommendation within your letter dated 23rd of February. Unless I receive a favourable response within the timescale stated above I will accept your letter dated 23rd February as a final responseicon and submit a full and formal complaint to the Financial Ombudsman Service.

    Yours faithfully,
    I have made a few changes to your letter of which I hope you will approve.

    also please see my thread......

    ***Long fight but, WON***

    if you look at links 91, 96, 116 and 117 you will see my claim letters to RBSicon if you can use anything in them to bulk up your letter please feel free but remember my case was on pre existing medical conditions.

    aa

    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.
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  11. #11
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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    THANK YOU!

    Reading now


  12. #12
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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    Don't worry even if they do counter your arguments most of Welcomes PPI was mis-soldicon there are plenty more reasons you can put forward


  13. #13
    Basic Account Holder maani Novitiate

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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    this is exactly what has happened to me my friend, today i just looked at my paper work to see if can claim on my PPIicon with welcome finance as im off work and started reading about ppi cover, i was also told by them that i had to take it out otherwise i wudnt get the loan for the car i wanted, and they also sent me that paper work with the ppi section already ticked, i cant believe them, i am aslo going to file a complaint.

    i dont know if you have realised they have also charged credit for insurances for over a £1000, well my paper work show that. please can anyone help me on how to deal with this.

    thank you


  14. #14
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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    Hello maani,

    this is exactly what has happened to me my friend, today i just looked at my paper work to see if can claim on my PPIicon with welcome finance as im off work and started reading about ppi cover, i was also told by them that i had to take it out otherwise i wudnt get the loan for the car i wanted, and they also sent me that paper work with the ppi section already ticked, i cant believe them, i am aslo going to file a complaint.

    i dont know if you have realised they have also charged credit for insurances for over a £1000, well my paper work show that. please can anyone help me on how to deal with this.

    thank you
    You will need to start your own thread so all the relevant details on your case can be kept in your own area. This will cover any questions you may have and the responses from caggers with help.

    Please see the top of the forum for starting a thread button and take it from there. Put in a title a user name/
    handle but do not use your own name or any other personal details on addresses, accounts, sort codes, telephone numbers etc. You know it makes sense in the world of identity theft

    good luck

    aa

    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

    1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..
    Post 290 from
    ***RBS PPI Claim Long fight but, WON***

    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.
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  15. #15
    Basic Account Holder maani Novitiate

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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    thank you alanalana for your help

    many thanks


  16. #16
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    Default Re: Help. Welcome PPI reply includes a claim questions form about phone recordings?!

    Well fingers crossed. I just printed and signed and am posting first thing in the morning.

    I wondered if it is worth saying that I would accept closure of the loan instead of a refund? I only have until the end of the year left and have paid WAYYYYY more than the cost of the car.

    Anywho, lets see what they say.



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