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Everything posted by zakfixit

  1. Yes, I had effectively said that in the previous letter. I have written to the FSA for written clarification as on their website it states.. "As well as providing guidance on the content of the customer contact letters, the FSA is also clarifying when and how firms might decide that a complaint is ‘time barred’. Normally, customers have six years from a sale to complain or, if later, three years from when they became aware (or ought to have become aware) that they had cause for complaint. When a complaint is made outside this limit, the firm is no longer obliged to consider it and can reject it; the Financial Ombudsman Service may also dismiss a complaint made outside these time limits." I will then copy their response back to the FLA. It is very ambiguous in so much as, in one breath they are saying that the company are no longer obliged to consider it yet in another they are saying that I have 3 years from when I became aware for it to be considered. Now either they are saying that I can claim and the company has to make redress, or they aren't. Seem to be on a perpetual merry-go-round!!
  2. Ok, I have a nice prompt rebuttal from FLA and it goes like this.. "Code of practice: GE Money Home Finance Ltd Thank you for your most recent letter received 11 May 2012(it was acually dated 1st June?). Firstly, I would like to point out complaints relating to an individual the FLA Consumer Code of Practice will apply. If you have references to indicated the FLA Consumer Code has been breached, please let me know as soon as possible. (Not entirely sure what they mean by this paragraph???) GE Money has not upheld your complaint as your complaint is time barred. More details about the FSA time barred ruling you could contact them direct at the following address: Blah. If following your correspondence with the FSA you reveal any further information which indicated that your complaint is in fact not time barred. Please contact the FLA and I will address this with GE Money. The FLA would suggest that you seek independent legal advice. Additionally you could consider contacting your local Trading Standards office or the Citizen Advice Bureau. I am sorry that in this instance we have been unable to help." AGH... I have the copied the letter as is and the incorrect usage of the English language and the grammatical errors make my blood boil. But moving on, any advice??!
  3. I've already wrote to the FLA again stating that it's nonsense about being time barred (or words to that effect) and am awaiting their response - what do you think about going after the insurer? How would I even find out who the insurer was as I don't have the PPI paperwork?!
  4. Ok, have another update, this time from FOS. 'We are unable to investigate your complaint about GE Money (First National). This is because the event you have complained about (sale of ppi) took place on a date before the sale of insurance policies by this firm became covered by our jurisdiction. It is possible however, that you may be entitled to pursue a complaint against the underwriter (insurer), which provided your policy cover. Therefore you will need to make a complaint to the underwriter. If you're not happy with their response you can then bring the complaint to us using the normal process.' So FOS haven't gone down the broker route, they've gone down the insurer route instead. I did as you said dx and stated clearly on my complaint that GE had paid out on se 56 cca before but I suppose that doesn't matter because as they said, they weren't under their jurisdiction at that time. Again... any thoughts much appreciated
  5. Quick update - FOS have acknowledged my complaint but not holding my breath for anything further for a while at least!! The FLA replied almost instantly stating "GE Money has not upheld your complaint as your complaint is time barred. Investigation of complaints about older agreements is difficult, due to a lack of historical information relating to the account. Current guidance permits a firm to reject a complaint without further consideration, if the complaint falls outside of set time limits. Your complaint is older than six years and has been rejected for this reason. The FLA is therefore unable to investigate this complaint.' I don't appear to be getting anywhere
  6. Ok, I have fired off another letter to GE making the salient points. Do you think this is going to end up in court? I'm not going to back down as it's really frustrating knowing that I was conned out of this money in the first place and I feel like I'm being conned all over again!
  7. Some very good points there - I think I will write back again stating those points. I think they'll just ignore it though! I still don't know whether to bother writing to the FOS or whether they'll just say it's before their time and they won't deal with it? Do you think I should just write to them anyway - at least it would get the ball rolling there? Cheers Zak
  8. @sillygirl1 Don't think FOS will touch because loan was from 2001 :/ @dx The letter I received was in direct response to me sending them a copy of the agreement and copies of the statements showing the payments made to the account, including PPI. Banging my head against the wall... still !!
  9. One whole month later, I have a reply in the form of... "Having review the information that you have provided we no longer hold a file for the account you have quoted in your letter on our systems due to the length of time that has lapsed since the closure of your loan. In the meantime, if you are not satisfied with my decision and as I am unable to determine who you can refer your concerns to, please contact the Financial Ombudsman Service." Pretty much along the lines of what I expected them to answer - they're refuting the claim on the basis that they don't hold any details. Any advice on next course of action?
  10. Thanks DX - Have sent another letter to them and am awaiting a reply. Not sure what I will do when this one comes back with a negative response? Takes so long for them to reply as well!
  11. Back again! Received a further reply stating "Having looked at your case, I can see that we sent you our Final Response letter on 16/12/11, explaining that our internal complaints process had been exhaused and that should you remain dissatisfied with the outcome, you could refer your complaint to the The Finance and Leasing Association". Even though I cited S56 as per advice on here they advised "As you have not provided any additional information in your most recent letter, I am unable to consider your complaint further and must once again refer you to FLA should you remain dissatisfied". Any thoughts? My understanding was that the FLA are not interested in these cases!
  12. Hi ims - sorry for late reply - yes, it does say that it's regulated by Consumer Credit Act 1974
  13. Not a clue what to write!! I'm kinda getting that the legislation is saying that whomever negotiates the sale on behalf of the creditor, represents them entirely?? So whether or not they were present at the time of sale is irrelevant? Is that right? I'm going to look at this again tomorrow - it may become a little bit clearer in cold daylight Thanks for your answers - cheers guys
  14. Would fos be able to deal with it though as the loan was taken out in 1999 and they weren't governed by them then?
  15. Hi - Long time no post. I have had a final response from GE Money along the lines of... 'Having looked at the points you have raised, I can see that your complaint concerns the fact that you feel that the PPI was mis-sold. From my initial investigation I note that whilst GE Money provided the finance to you for the PPI, GE Money did not sell it to you. Because your complaint is specifically about the advice you were given, and because GE Money neither sold this PPI to you, nor were they present at the point of sale, I do not feel we can investigate your complaint fully or fairly. You will need to contact Loan Line Ltd directly blah blah' and then proceed to give me their last known address. Any thoughts on this would be much appreciated
  16. Thanks so much ims - you've been a real help and I've posted off the claim today. Don't hold out much hope of First National (GE) paying out though as I've read that they deny the claim on the basis that the loan was brokered. Another denial comes in the form of not being governed by FOS in 1999. Not sure where i'll go after that !!
  17. New claim figure is £1920.85 - does this sound more accurate do you think ?!
  18. Thanks ims - I settled in 2003 and don't have the settlement figure unfortunately, so have used info from post #2 to calculate. I'm using Openoffice, is this why it doesn't work on my system ? Cheers, Zak
  19. Ok, have found another calculator and would appreciate if you could have a quick look and see if this looks about right PPI 1152.10 / loan amount 10000 = 11.52% 11.52% of monthly repayment £164.70 = £18.97 £18.97 x 42 repayments = £796.74 Subtract £796.74 from original PPI amount 1152.10 = £355.36 On spreadsheet have claimed for 42 x £18.97 = £796.74 + 8% Interest @ £671.80 = £1468.54 + £355.36 and 8% interest @ £248.66 = £604.02 TOTAL CLAIM : £2072.56 Well, gotta say that wasn't a quick walk in the park - I must've read the equivalent of War and Peace and have probably still got it wrong - input much appreciated !! Should point out that 1st payment was 1.8.99 and loan settled 31.1.03
  20. Thanks for your help dx I'm having trouble with the spreadsheet in as much as I can fill out the columns A,B,C but the 'Days Elapsed' and 'Statutory Interest' columns just state #NAME? and nothing changes in the 'Total Statutory Interest' either. All I'm getting is the total of the PPI charges - I must be doing something wrong ! Cheers again
  21. I had a loan through Loan Line Ltd with First National Bank in 1999 with PPI. Loaned £10000 PPI £1152.10 Total Loan £11152.10 Rate of Interest per month 1.06% APR 13.4% Amount of repayments 120 Minimum monthly repayment £164.70 I have followed ims21's fantastic PPI reclaim guide and have filled in the spreadsheet calculating the interest. My problem is that the loan was repaid early in 2003, so I only made 42 payments and I have no record anywhere of the settlement figure paid to First National - so although I can work out the interest on payments made, I don't know how to go any further without the settlement figure. Is there a way to work this out ? Another question I need to ask is when I've got a final figure, do I just add 8% on the total amount for statutory interest or is there another way I should be working that out ? Cheers for helping P.S. On my last statement from them my last balance before repayment was £9033.17 but there were 4 more payments of £159.40 and interest of approximately £87 each month added - by my calculations that would mean there was £8830.57 outstanding by the time I repaid.
  22. Hi Up2, just thought I'd add to your thread as I'm in exactly the same position as you. Practically same letters and everything ! In December they advised me that they were still looking for my agreement and had suspended all activity. In May they sent me a copy of my application form and informed me that was all they had to send. I've ignored them, as far as I'm concerned if they are so sure that this is enforceable then they will take me to court. They said that if I didn't come to a suitable arrangement then I was being moved to their pre-litigation department - I've got to say that the move went very smoothly, no upheaval for me at all Since then, I've received emails monthly (fortunately didn't make the mistake of supplying a valid telephone number) and for October's gift I have a 'External Debt Recovery Notification' letter - basically saying that they're sending someone round to collect the debt. I happily now keep all my money under my German Shepherd's collars as I no longer trust the banks. So Cabot good luck with retrieving that. (Kidding about the collars by the way, not the dogs though ) I'm with the previous poster's advice about not wasting any more postage. I refuse to enter into a battle with them unless it's at court. Keep posting with any updates and good luck
  23. Thanks for the advice and I will act upon it (hope someone else got mine as well!!) And to andyorch, my debt has been handled by GE Money and then CL Finance but funnily enough, when I requested CCA, all of a sudden I've got headed letter paper from Time Retail Finance again ! Not sure whether they violated the 40 day rule as well, any thoughts ?
  24. Title pretty much says it all ! I bought a fridge freezer in 2003 and because of a motorbike accident ending up defaulting on payments and have had a payment plan in place for a few years. I requested my CCA on 4th August and received a letter dated 23rd September with all the usual 'debt is still owed' etc. But on looking at the agreement, I seem to have someone else's credit agreement for a 42" Rear Projection TV and on this is his bank, sort code, account number, his full address, his signature etc - think it's missing his inside leg measurement though. Not sure where their Data Protection is ?! Any thoughts, because I still don't have MY agreement !!
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