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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    Default First Plus PPI mis-sold??

    Hi,

    I believe that I have a case for reclaiming PPIicon that I took out on a First PLus loan. I need to find out what the regulations are for this. I have already challenged F+ and they have replied saying that having listened to the sales calls they do not think the PPI was mis sold. It is a "single premium" policy - ie. they added the total cost of the PPI (£17,000) onto the loan and charge interesticon on both the loan and the PPI.

    The questions I need answered are:
    1) F+ state in their letter to me that their sales agent recommended their own PPI - I was not informed that it could be obtained elsewhere.
    2) They say that I was informed over the phone of the amounts of PPI and loan repayments. Does this satisfy regulations or do the amounts have to be listed seperately on the credit agreement or quoted in writing?

    I have a couple of other issues too but I'm not sure whether they would be worth pursuing.

    Thanks,

    Pubman.


  2. #2
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    Default Re: First Plus PPI mis-sold??

    how long does the PPIicon cover the loan for? the full length?
    Was the ppi optional?

    Any opinion I give is my own and given without

    any liability.

  3. #3
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    Default Re: First Plus PPI mis-sold??

    Hi,

    They told me that as long as I met the T&C's of the loan and PPIicon I would get a full refund if I had not claimed after 5 years. They did not mention that I would need any other PPI cover after that time. I guess it was optional but they recommended their own PPI and did not say that it was available anywhere else. I am paying £144 a month for the PPI - this is not listed seperately on the credit agreement. I gather that the same cover is available for £18 per month.


  4. #4
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    Default Re: First Plus PPI mis-sold??

    Have they given you their final response ? If the PPIicon did not cover the term of the loan and you were sold a single premium policy you may have some success taking your complaint to the fosicon.

    Any opinion I give is my own and given without

    any liability.

  5. #5
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    Default Re: First Plus PPI mis-sold??

    I don't think it's their final response. They have said that they will leave the case open for 8 weeks. I have read elsewhere on here that as they have recommended their own PPIicon they have acted in an "advised" role by advising me that their PPI is the best for me. Clearly this is not the case and the sales agent would have received commission based on the sale. As they "advised" me to take out their PPI without comparing it with any other cover does this count as mis-selling??


  6. #6
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    Default Re: First Plus PPI mis-sold??

    Have a read of this thread it gives all reasons for mis selling.
    http://www.consumeractiongroup.co.uk...claimants.html

    Any opinion I give is my own and given without

    any liability.

  7. #7
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    Default Re: First Plus PPI mis-sold??

    OK, i am writing back to them and here is a draft of my letter, any comments welcome.


    Dear Mr F+,

    I have received your letter dated 16th February from The Reclaim Helpline regarding my complaint that the PPIicon sold to me when I took out a loan with you was mis-sold. I am disappointed with your response for a number of reasons.

    In your letter you state that “The answers that Mr Pubman provided highlighted a need to protect the loan and the payment protection insurance policy was recommended in order to meet this need.”
    My interpretation of this is that the PPI was sold on an advised basis as the sales agent recommended the policy they were selling. The agent did not compare the policy with any other on the market and I was not advised that other policies were available elsewhere. They also did not mention that they would receive commission when I took out the policy.
    I paid for the policy up front and in full and interesticon is being charged on the loan provided to finance the PPI. I was also not advised that equivalent cover could be provided by paying on a monthly basis thus avoiding having to pay interest on the total amount to you.
    Therefore I request that you repay to me the full amount that I have paid for the PPI for the duration of the loan plus interest at 8%. This amount of interest is commonly added by the courts should the case need to go that far. The PPI part of the monthly payment is £144.42 per month and given that the account was up to date at the end of December 2008 I had made 31 payments totalling £4477.02. The interest at 8% on this sum is £358.16 giving a total of £4835.18.
    If this amount is not refunded to me then I will have no option other than to proceed to the small claims court.



  8. #8
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    Default Re: First Plus PPI mis-sold??

    Hello,
    I am planning on sending the letter today and wondered if anyone has any feedback on it.

    Also I have realised that although the PPIicon is only valid for 5 years as the finance for it was addes to the loan I'll be paying for it and interesticon on it for the full 25 years of the loan. Is that right? That makes £43326. That's just plain wrong.


  9. #9
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    Default Re: First Plus PPI mis-sold??

    Your final post is why you should win if you have to take it to the fosicon.

    Any opinion I give is my own and given without

    any liability.

  10. #10
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    Default Re: First Plus PPI mis-sold??

    Thanks Pinknico - so you think that the letter is fine and that I have a case? Should I also include that I want to cancel the PPIicon policy as it is still running at present? Any help with this is greatly appreciated.


  11. #11
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    Default Re: First Plus PPI mis-sold??

    if you haven't already posted this letter please add about the PPIicon only covering 5 years not the full length of the loan and yes I believe you have a case.
    If you do cancel the PPI please make sure you get some other sort of cheaper cover or income protection.

    Any opinion I give is my own and given without

    any liability.

  12. #12
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    Default Re: First Plus PPI mis-sold??

    Hi,

    I have redone the letter and am now ready to post it.

    Dear Mr F+,
    I have received your letter dated the 16th February 2009 from the xxx regarding my complaint that the PPIicon sold to me when I took out a loan with you was mis-sold. I am disappointed with your response for a number of reasons.
    In your letter you state “The answers that Mr Pubman1 provided highlighted a need to protect the loan and the payment protection insurance policy was recommended in order to meet this need.” This indicates that the PPI was sold on an advised basis as the sales agent recommended the policy that they were selling. The agent did not compare the policy with others available on the market and I was not advised that other policies were available elsewhere. They also did not mention that if I took out the policy they were recommending they would receive commission based on the sale.
    I paid for the policy up front and in full with finance provided by you totalling £17,000. This was added to the secured loan. I was not made aware that the policy only lasted for 5 years but I would be paying interesticon on the finance for the full term of the loan, some 25 years. £144.42 per month of my normal payments is for the PPI. Over the full term of the loan this would mean I would pay £43,326 for this 5 year PPI policy. I believe this to be unreasonable. I was also not made aware that I would need to take out a new PPI policy every 5 years.
    Additionally I was not advised that equivalent cover could be provided by paying on a monthly basis thus avoiding having to pay interest on the finance provided by yourselves. Research has shown that PPI cover for the loan repayment could be provided for as little as £12.60 per month through an independent company. Rather than advising that this cover could be provided elsewhere and for significantly less money your sales agent recommended adding £17,000 onto the loan.
    You have also failed to list the PPI and loan repayments separately on the credit agreement as required.
    Therefore I believe that the PPI that your agent sold me was mis-sold. I request that you repay to me the full amount that I have paid for the PPI so far plus interest at 8%. This amount of interest is commonly added by the courts in cases such as this. The PPI part of the monthly payment is £144.42 and given that the account was up to date at the end of December 2008 I had made 31 payments to you totalling £4477.02. Interest on this amount at 8% is £358.16 giving a total claim of £4835.18. Please send this sum in the form of a cheque made payable to myself within 14 days. Failure to do so will mean that I will forward my complaint to the Financial Ombudsmanicon Service.
    I look forward to hearing from you in due course.


    Any final suggestions or is it all good?


  13. #13
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    Default Re: First Plus PPI mis-sold??

    Thats a brilliant letter.

    Any opinion I give is my own and given without

    any liability.

  14. #14
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    Default Re: First Plus PPI mis-sold??

    Why thank you!!


  15. #15
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    Default Re: First Plus PPI mis-sold??

    what a great letter....just about to send mine off to....its frightening when you work out the figures...
    what address did you send it to ....x


  16. #16
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    Default Re: First Plus PPI mis-sold??

    Thanks,

    I sent it to F+ head office address in Cardiff. I don't have it all with me right now as at work. It begins with:

    Firstplus Financial Group PLC
    The Avenue Business Park
    Pentwyn
    Cardiff
    but I don't know the postcode.

    I know their address well because when we signed for the loan we did not want friends / family to know we were having problems so called F+ to cancel as we could not get witness signitures on the agreement. They said we could go to their offices and the sales agent would witness them! But thats a whole new argument for another day...


  17. #17
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    Default Re: First Plus PPI mis-sold??

    Hi,

    Have just been reading another F+ thread and I noticed that Varda mentions something that may be relevent. The loan is in joint names - myself and wife. My wife never spoke to anyone from F+ until we went to their offices to sign the agreement. I'm not sure if she is covered by the PPIicon in anycase, and if she is to what level. Should they have spoken to her to confirm anything? I think I read of a case where because a lender had not told both parties named to seek independant financial advice the whole loan was declared unenforcable. I think??


  18. #18
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    Default Re: First Plus PPI mis-sold??

    Hi Pubman I would be interested in this if you can find it. I have sent my complaint against Firstplus off to the fosicon today. They said should be concluded within 3-6 months.


  19. #19
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    Default Re: First Plus PPI mis-sold??

    Response from F+!! First a standard letter saying that they will look into complaint, then today letter offering 78% plus what ever the refund would be if I cancelled now - total refund would be just over £3100. Refusing to admit that they have done anything wrong and offer is gesture of goodwillicon. Why would they offer me £3100 if they had done nothing wrong. So off to fosicon we go then. They have not responded to the actual comlpaint as far as I can tell, nor addressed any of the issues raised. They say it's their final response.


  20. #20
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    Default Re: First Plus PPI mis-sold??

    Well done Pubman, fill out a fosicon complaint form and when you have completed it, photo copy it and send a copy to FirstPlus so they know you are not messing around.Goodluck x

    Any opinion I give is my own and given without

    any liability.


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