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

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default FirstPlus PPI misselling claim

    Hi all

    Have been try to reclaim my PPIicon from FirstPlus for a while and they keep denying any misselling but will not give me a final response. This is my next letter can anyone take a look and please feel free to add or change it. Specifically can someone beef it up abit concerning differant laws and guidlines.


    Dear Peter,

    Thank you for your response about the mis-selling of your Payment Protection Insurance product. Frankly we are rather dismayed at your findings.

    As most of your letter is about the 18 minute telephone conversation your Accounts Manager, P*** S****, had with my wife, let us deal with it first. During this telephone conversation my wife at three separate times answered Mr. S****s questions with the response “I don’t know”. He then proceeded to rephrase the question until he got the response he required. I was the one in the best position to answer questions about my earnings and work benefits.

    This especially happened when he was discussing the Demands and Needs form. As he stated that, I as the highest wage earner in the household, was the only one covered for the Accident, Sickness and Unemployment part of the policy. You would think that I would be the one to answer the questions. But this would have slowed down the process of getting us to sign up quickly.

    Mr. S**** asked my wife “Do you have payment protection insurance to specifically pay off this loan if your husband couldn’t work”. Well of course we did not. Who buys insurance to cover a loan if you don’t have the loan yet? This was the time Mr. S**** should have told us your PPI was not the only option for us.

    As for the Demands and Needs form itself, it proves nothing except that your Accounts Manager filled it in. It certainly does not prove that your Payment Protection Insurance was the right policy for us. It has been well documented by official bodies like the Financial Ombudsman Service, that these types of forms are lender created forms not to actually understand anything, not to gain an insight but a form designed to be used as a means to an end and that end being “should the customer complain about mis-selling then we at least have the D & N on file”.

    The D & N is all about box ticking and "being seen to do the right thing". Once let loose on the customer it was then all about getting the customer to sign. If anyone complained, you can then say "isolated incident", such and such is trained and qualified, this is our procedure etc etc . You missed the point - it was a chance to sell ethically, sell properly, not set up procedures to cover tracks when the real truth about Payment Protection Insurance came out.

    Also at what point did the FSA, the OFT and the Competition Commissioner decide that a filled out D & N form was enough to make the PPI value for money and in the best interests of the consumer.

    The telephone conversation proves nothing in First Plus’s favour other than you use a very subtle sales technique designed to confuse the customer and benefit your company. An example of this is that the repayment of the premium (£6735.75) is mentioned often, but the true fact of the insurance loan incurring massive amounts of interesticon over a 15 year period is quietly skirted over.

    Also in this telephone conversation can you please pinpoint the time Mr. Smith told my wife that we could buy PPI insurance for this loan elsewhere, not just from First Plus. Can you also pinpoint the time that Mr. Smith told my wife about the 70% commission that First Plus received from our policy and we had to pay for and are still paying for through very high interest rates. If you cannot then First Plus could be in potential breach of law.

    The average time across the PPI industry to recover the PPI premium would be well below the First Plus figure, so it was clearly designed to yield a profit at an unreasonable price.

    The very fact that Payment Protection Insurance that was front loaded onto another loan was banned in May 2009, proves this sale in January 2007 of PPI is very questionable.

    Simply put your PPI policy is worthless to me but very profitable for First Plus. The fact that First Plus have 99% of complaints to the fosicon upheld also proves that your company is implementing a policy of “deny everything, always”.

    I would like to thank you for highlighting specific points in the copies of your terms and conditionsicon that you sent with you letter. May I take this opportunity to say that they were very helpful in finding the important parts of you T & C’s. It is just a pity that at the time you sold us the PPI your company sales department were not as conscientious and implemented an easy way to understand your T & C’s. This could have saved First Plus a great deal of money in mis-sold repayments.

    All of the above clearly point to a badly advised sale of payment protection insurance and a continued damage limitation exercise on the part of First Plus.

    Finally I request that you reply with either a final response or confirmation that you agree that you mis-sold the PPI. If you do neither then I will assume you do not wish this matter resolved and will therefore be submitting a complaint to the Financial Ombudsman Service.

    We believe 21 days is more than enough time to respond for a company as well rehearsed in dealing with complaints as yourselves.

    Yours sincerely


  2. #2
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    Default Re: FirstPlus PPI misselling claim

    I haven't read through this but how long has your complaint been going on. If it has been 8 weeks then if they haven't given you their final respnse, you should complain directly to the fosicon that you are being blocked.

    If it is not 8 weeks then wait until the 8 week is up.

    There is absolutely no point in getting bogged down in protracted exchnages with these people. Move on quickly. They will use dialogue to frustrate you and tire you out

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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    Default Re: FirstPlus PPI misselling claim

    Hi bankfodder

    I think your right. They want me to get bogged down and get tired of it all. I think I am into my 7th week so will just wait and see what transpires in the next 2 weeks

    Mac


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    Default Re: FirstPlus PPI misselling claim

    Mac when did you first complain about the mis-sold PPIicon to first plus??

    If it is more than 8 weeks ago and they have failed to give you a response to your claim then you can submit a claim for mis-selling to the Financial Ombudsman Service and leave it to them to make a formal adjudication on your claim.

    If you decide to go down this route you will need to submit a complaint form and send copies of all the correspondence between you and firstplus up to the point of complaint. Here is the link for the fosicon complaint....

    Links that may help with your claim for Mis-sold PPI
    Financial Ombudsman Service

    http://www.financial-ombudsman.org.u...-insurance.pdf

    Do not give in keep up the pressure and keep copies of everything for the FOS.

    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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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE