Creation/St Andrews Insurance Adams card PPI reclaim **WON**

[livingdeadguy]

Thanks PF thats great!

 

I hope it doesn't go that far.

 

I have checked royal mail and they have sifned for the letter. In the letter was all the facts and figures of the claim and reasons for mis selling.

 

So do i give them 8 weeks from the date they received the claim?

 

Shall i wait the 8 weeks or shall i contact creation again to ask if they are looking into the claim ?

[pompeyfaith]

Hiya LDG,

 

No harm in sending another letter, if anything it will show that you are not sitting back on this.

 

Keep at them.

 

Regards

 

PF

[livingdeadguy]

I've waited long enough and sent them a letter today asking why i have had no correspondance

[livingdeadguy]

Hi all. I have had a response i would like to post up. I have scanned the document but can anyone tell me how i put it up in this post?

 

 

I have worked out and put in my claim with Creation, but after 5 weeks and hearing nothing back from them i sent a reminder to them.

 

Another 3 weeks later i receive this letter rejecting my claim after a full investigation.

 

This letter is in no way personal to this claim and seems to be a standard rejection letter from them. They say i can now go to the FOS if i wish to.

 

I'm thinking i'd like to pressure them a little more first though!

 

They have listed a number of reasons to reject

1/ the tick box for ppi was ticked on the original cca

 

This was filled in by the girl at the checkout counter and signed by my partner.

And my partner was not employed so would not have asked for this

2/ ppi has always been on our statements so why did we not query this before?

 

It is listed as Creation 3D payment (means nothing to most people)

 

3/ we would have had a document soon after taking out this ppi explaining all about the insurance

 

If we'd had said document we would have cancelled this ppi!

 

Also they did not mention anything about the charges that i wished to reclaim. I do believe that they sent this letter out in a hurry after my reminder was sent to them, and they probably have not even investigated any aspect of my claim!

 

If anyone wants to have a read of this letter i can email it across.

 

I would appreciate some advice as to my reply to them

 

LDG

[livingdeadguy]

Hi Caggers

Hope you all had a good Christmas and are looking forward to a great New Year.

I'm still looking for a bit of help with this one so if any one can give some advice it would be very much appreciated.

As you will know my claim to Creation has been rejected.

They say all information relating to ppi on the account was correctly provided and as it has always been on my wifes statements then we should have been aware of it .

 

I would like to write back one more time before going to the FOS but i'm not sure if my case will stand.

 

On the original CCA that my wife signed it has a ppi box that was ticked "yes".

Now i remember being in the shop "Adams" when this card was pushed onto us when purchasing some good. The form was filled in by the assistant at the till. she took details and then had my wife sign the form.

We honestly did not know this ppi box was ticked!

Also my wife was not employed at that time and for a few years after. So my employment details were used on the card so it could be processed.

 

Looking at the terms and conditions for ppi that have been supplied as a result of our SAR it states that for PPI to be applied then the cardholder must be employed. If the card holder is not employed then another family member who is employed can be nominated , and relevant documentation sent to that family member.

If we had known what PPI was at that time then we would have cancelled it or had the policy put in my name! but as we did not then does this show to Creation that we did not have full understanding of this??

 

Also I have been made unemployed 3 times in the time that we have had the card, If we had known PPI was being paid on the account then surely we would have claimed on it during those hard times?

 

What do you guys think?

 

Landy, PF Alan? any advice on this would be great.

 

Thanks

 

LDG

[landy_alert]

Hi LDG:)

 

You would definitely think, bearing in mind the reasons you have stated, that Creation couldn't argue that this PPI wasn't mis-sold and in my opinion it's always worth having one last ditch attempt at getting a company to capitulate before passing it to the FOS. You could inform them that you're about to file your complaint with the FOS, but that you want to give them one last chance to put things right - that way they avoid being fined £500 by the FOS etc etc.

 

However, if Creation have had their 8 weeks with plenty of opportunities to find in your favour, I'm sure Alan and Pompeyfaith would advocate that it's time to stop giving them the benefit of the doubt and show them you mean business.

 

Unfortunately in my own experience, having tried on a number of occasions to give the company a last opportunity to change their minds, it hasn't worked. I actually tried telephoning RBS regarding a PPI complaint on a Direct Line loan hoping to call their bluff by threatening to file my complaint with the FOS, but despite their assurance that this would speed up their decision (they'd already had more than 8 weeks), no final decision was forthcoming.

 

At the end of the day it wouldn't hurt to give it one last go, but as the FOS is taking so long to deal with cases, the sooner you get your complaint in the sooner you will get a result............

 

I'm really sorry I haven't put forward a good argument either way - I'm sure Alan or PF will be along later with more experienced advice;)

 

By the way, I feel very honoured to have been mentioned in the same sentance as Alan and Pompeyfaith - I don't deserve it though!

 

All the best for 2010!

 

Landy x

[livingdeadguy]

Thanks Landy

I will try and give one last attempt with Creation on this one.

My problem is i'm not good with words , so i find it difficult sometimes to get a good case accross when writing a letter.

 

Thanks for the support

 

LDG

[livingdeadguy]

Well i have finally sent off my letter to creation as well as one to Barclays. A last ditch attempt tp get them to see sense before i approach the fos.

We shall see what happens!

[livingdeadguy]

Well just as i thought.

 

In my last ditch letter to Creation finance i asked that they review there decision on my claim before i approach the FOS.

 

I gave them a 14 day time limit to respond.

 

Its now been over that time.

 

I shall wait one more week just in case , but it looks highky likely that i shall now send to the ombudsman.

 

Any advice on doing this?

 

I will of course have a look through the stickies

 

I'm still looking for advice on putting this claim into the ombudsman

Regards

LDG

[landy_alert]

Hi LDG:)

 

Sorry you didn't have any joy with your last ditch letter to Creation. If you give the FOS a call (I think the number you want is 0845 080 1800) and have all the details of your claim so far to hand, they will start to fill out the complaint form, issue you a reference number and then send you the form for you to complete. Alternatively you can download the form from the FOS website, fill it in and post it to them. Obviously you will need to include copies of all correspondence between yourself and Creation.

 

This has dragged on long enough and although the FOS process is not a short one at least Creation will get a £500 fine and you will be one step closer to getting your money back!

 

Let us know how you get on.

 

Landy x

[livingdeadguy]

Thanks Landy

I have printed off the form to fill in.

Should i send them all the statements for the account ? or will they get these from creation when they take up the case?

 

Thanks

LDG

[landy_alert]

Hi LDG:)

 

All I send is any proof the PPI exists, ie copy of the CCA (or any other incriminating evidence) and copies of all correspondence back and forth since I first requested a refund. There was one case where LTSB denied the account even existed and I sent a copy of a statement proving it did, clearing showing the loan amount including PPI, but otherwise I wouldn't think it necessary. Mind you, I must admit I've never even thought about this, so it might be worth seeing what other peeps have to say!

 

All the best,

 

Landy x

[livingdeadguy]

Cheers Landy. I appreciate you popping along to give me a bit of advice on this one.

Now all i need to do is find the spreadsheets on this site so i can show my calculations to them. Does anyone have a link to them

 

LDG

[livingdeadguy]

Well good news all. I have had a partial refund!!!

 

As you know, my original claim with Creation was close to £4000.00 , i have been preparing to go to the FOS as i had heard nothing after my last letter.

Today however i have received a letter from Creation offering £440 refund of charges plus 8% interest at £76.84.

Also a refund of PPI £1176.23 plus 8% interest of £132.72.

Total £1825.79!!!

Its not what i'd hoped for but better than a kick in the teeth. They have told me this will be paid into the account to cover my debt with them, so thats good.

 

But its not over yet! As you may have noticed from the figures they have indeed paid back the premiums paid by me, but they have not added the 39.9% interest that i have had to pay monthly on these amounts.

Also i have not had to sign a letter of acceptance for this offer as they have told me that they are paying this into the card account directly.

 

So i shall wait till it has been paid, then off to the FOS it is to try and get back the interest on this!

I am pleased with this result and feel now that as they have made a payment it will hopefully be easier to claim the interest back on this.

[livingdeadguy]

Hi all.

 

It has been a long time since my last post here.

 

Lots of things have been going on leaving me with little time to do anything else.

 

Hope you are all well and the campaigns are going strong.

 

I am finally going to continue my fight with creation by referring the complaint to the FOS.

 

hopefully to get the correct amount due to us.

 

i know i have left it late.

 

I will be filling in the forms this weekend and sending them off on Monday.

 

Should i send with the forms all the correspondance between myself and creation plus my SAR results etc?

 

I know i have asked this before,

but alot can change in a few months,

so i just need to make sure i'm fully prepared.

 

Well i have been sat at this computer for the last 5 hours re doing all my figures.

 

i have worked out that up to the date the account was closed plus the 8% to date that we've been shortchanged by £3384 !

[livingdeadguy]

The FOS received my complaint and started to look into it. Great i thought.

 

Then i had two letters come through last week.

 

Both sent on the same date,

both saying they cannot deal with my complaint.

(one contained all the letters and info that i sent them to help them understand my complaint.

 

I'm quite confused,

one letter says it cannot deal with the complaint because "Creation Finance" was not covered at the time the policy was sold and did not come under their jurisdiction till 2005.

 

it then says that i may be able to pursue a complaint to the underwriter (there is not one)

 

The second letter states it cannot deal with the complaint because "Creation Finance" was not covered at the time the policy was sold and did not come under their jurisdiction till 14th January 2001!

it then says i may be able to forward the complaint to the Finance and Leasing Association.

 

the dates contradict each other, so which is correct??

 

My policy started in November 2001 so according to one letter i should have a complaint but in the other i don't?

 

Please guys, any advice would be really helpful.

I don't know how to proceed with this . . . .

 

Regards

LDG

[emmtay]

Hi

You say there isn't an underwriter? Have you checked this?

 

I have 3 claims with FOS and all are having to go through the underwriters as range from 1994 to 2000!

 

Im no expert, but im sure you will be able to find out the underwriters.

 

Then fire the details back to the FOS, be prepared for a long wait though!

 

Emmtay

[livingdeadguy]

Hi all,

its been a while but not had much to report till now.

 

The fos has had me going round in circles.

 

They have twice asked for info that i have already sent to them.

 

Twice sent back all my paperwork and sent me numerous letters that say the total opposite to what they have spoken to me about on the phone.

 

Finally in January ,

after many attepmts to get them to understand who the underwriters for Creation are (st Andrews Insurance)

they sent a letter to the underwriters! Hooray!

 

We waited the 8 weeks for a response,

but neither myself or the fos heard back from them.

 

So after a phonecall today the fos have asked for all the paperwork to be sent back to them and they are now passing the claim over to their own adjudicators.

 

Does anyone know what happens now?

 

What is the role of the adjudicators?

 

Regards

LDG

[wheresmyhairgone]

Hi livingdeadguy

 

Are you still around,

if so have you got any further with this claim.

 

I,m about to start my own claim with Creation and would like to pick your brain.

 

Also I have some information about the PPI payments from my wife.

 

Long story short "Creation 3D Premium" is not the original insurance that you supposedly signed for in the shop.

 

They took over when Adams went bust.

 

My wife remembers being cold called and was talked into taking this out even though she didn,t have a job.

( I know don,t ask, I did and she just shrugged her shoulders).

 

I have only just found out she has been paying this and the other insurance before that for the last 10+ years.

[livingdeadguy]

I'm still here.

 

We sent off the claim to Creation and after a rejection then got half the money back.

 

They put it straight into our account but didn't ask us to sign anything to say the claim was settled, which was good for us.

 

We then went to the FOS to claim the rest back.

They said they couldn't go after Creation but we are now going after the underwriters - St Andrews Insurance.

 

They have failed to respond to the FOS so we are just waiting to see what the next step is.

 

LDG

[livingdeadguy]

Well its been a few years since I've been on here,

but finally I have some news on this.

 

After 9 years with the ombudsman,

St Andrews insurance have finally pulled into line and settled the rest of my initial claim.

 

Cheque for £1792 arrived today

 

so a grand total of £3617 has been returned from them.

 

Happy days!!!!!

[dx100uk]

hey Great result..

 

 

please consider a small donation to keep us here..

 

dx