Firstplus denying selling PPI

**spudyclur** · 12th September 2009 10:21

Hi Guys

I got a Firstplus loan out in 2003. At the final stage I was called by Firstplus and was led to believe the loan would not be approved without my taking the PPI icon

insurance. Obviously at the time I was in need of the money so I agreed to it. The policy was loaded in favour of my husband (70% to him) who was the bigger earner at the time and it was disclosed that he suffers from asthma and eczema which I later found out to void the policy as pre-existing condidtions. Not only that but the advisor also told me that as the loan was in my name, if we split up I would still be liable for the loan payments - on later investigation the policy a single one so I would not even have been covered in that instance either!

I first complained to Firstplus in 2007 about the PPI, I was offered a refund of less than £40, with a reduction of 67p per month on the repayments. I didn't even bother to reply. in 2008 I received a letter telling me the PPI insurance was due to expire and I had missed out on the chance to claim a refund.

Enough was enough now! I researched PPI insurance and found there were other people in my situation, been told they had to take the insurance, had scare tactics used so the insurance was taken even though the policy was actually not only useless, but also cost more than any claim would be worth. I had been mis-sold.

I wrote to Firstplus and was fobbed off, I then wrote to the fos icon

who sent out a questionaire pack, this I filled and sent back to them. Four weeks later I get a reply from FOS stating they had contcted Firstplus and Firstplus are denying selling the insurance in the first place so the complaint will be transferred to Essential Loans. Essential Loans no longer exists!!!!

I have no idea what to do now. I know I didn't take out the insurance with Essential loans as they only acted to introduce me to Firstplus and I had no further contact with them. Why would Firstplus offer a refund on a policy that wasn't theirs?

Any ideas would be appreciated

Claire

**BankFodder** · 12th September 2009 12:33

If it was FirstPlus who sold you the PPI then it is they who are liable.

We tend to find that the Ombudsman icon

route is not very useful. It takes too long. It is not sufficiently transparent. The ombudsman does not really seem to be very enthusiastic about getting to the bottom of the problems. By and large we find that insurers and finance companies use the ombudsman merely to set up a further stumbling block to claimants and to test your resolve.

It seems if you have got some useful documentation here. I think you will be worth fishing to get some more. Send Firstplus an SARand get all the information you can concerning your original application, the conduct of your account, insurance and the way that they have been dealing with your complaint to the ombudsman.

Spend some time getting contact with the other people that you have seen who have complained about the same thing and try to get them to give you some kind of statement or a letter describing their own experience.

I think that your best remedy would be to sue for the return of your money to the county court icon

. It seems fairly clear that first plusare involved in some way in the selling of insurance. The reminder letter which you have sent seems to be pretty conclusive. However you may as well put in front of a County Court judge to see what he says.

Once you have regularly for your information and you think that you are able to construct a logical and convincing case, send first plus a seven-day letter before action icon

telling them unless you have your money back plus the 8% interest icon

which would have been awarded by the ombudsman you will sue.

If they don't respond to you with exactly what you require, then sue them. Use a variation of our present bank charges template in which you also sue for restitutionary damages. You will be suing for money paid under a mistake. This means that you will be claiming that the defendants had I'm just enriched icon

themselves. Not only will you want repayment of the money that you have paid out but also you will want the defendants to disclose the profits that they have made by investing your money and you will want that as well. This is called restitutionary damages. If you are able to persuade a judge that what you say has actually happened -- and also that they have been involved in the selling of insurance despite what they have told the ombudsman, then I have absolutely no doubt that the court will want to exercise his displeasure and that restitutionary damages will be almost automatically awarded. Your backstop will be to ask for 8% statutory interest in the alternative should your request for restitutionary damages fail. We deal with this in our template

**spudyclur** · 12th September 2009 12:51

Thanks BankFodder. The SAR icon

was sent off yesterday so we might just have that information towards the end of next month if they comply with the request. Not about to give up now after almost 2 years trying and repayments £109 higher than when the loan began. I believe the total claim amount we are requesting is circa 26k on a front loaded interest icon

38k loan amount with 7500k 5 year single policy. There is 9 years remaining on the loan from next month so the effort will certainly be more than worth it. Thanks again will keep you posted.

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