Creation finance PPI reclaim advice needed please

[lhmcr1]

Hi,

Last year I bought a washing machine on a buy now pay later deal which I intended to pay in full at the end of the offer period.

unfortunately we needed the cash for other things that came up and had to go into the finance part.

 

When I asked for a settlement figure it seemed rather high and queried why it was the amount stated.

 

I was told that PPI had been added on and was attracting interest.

 

I do remember being told that there was free life cover built in to the agreement but was certainly not told that at the end of the offer period

a single premium policy would be added on to the agreement and generate interest.

 

I wrote to inform of this but they said it was a non-advised sale and all details were presented to me in the contract and I agreed with these terms.

I also said I was not asked about existing insurance arrangements or details about any employer sick pay or told of any features, terms of cancellation and exclusions of the cover.

 

Again, they said because it was a non-advised policy it was up to me to decide whether it was suitable, I do not recall, however, being told that it was non-advised.

 

Does this mean that reclaiming will be difficult or is it just something they say to put you off going further.

 

The provider by the way is Creation finance and the retailer was Bennetts electrical.

Thanks.

[dj1971]

Hi lhmcr,

 

Is just a fob off to try and make you give up.

 

Personally, I would write to them again and advise that you want the PPI policy to be cancelled immediately.

 

Do you still have a copy of the original credit agreement? If not send them a full SAR the stickly on the PPI homepage entitled " full sar for ppi " explains what you need to do and what you should get back.

 

Good luck

 

DJ

[lhmcr1]

O.K. I will make an SAR request also asking them to cancel the policy immediately.

Can I ask though, does the non-advised bit make any difference to a reclaim?

[dj1971]

None what so ever. Go get em.

[lhmcr1]

I have received a response from Creation regards to my PPI reclaim, I will try to slim down the response as much as I can, what they said was:

They say the policy was entirely optional and sold on a non-advised basis and have given details of the policy and the standard documents that accompany PPI policies, initial disclosure documents, demands and needs etc...

They say that it satisfies the insurance conduct of business.

They go on to say that all policy documents about the cover and included details about cancellation, giving me an opportunity to opt out.

Also they say that due to the PPI being a non-advised sale the onus was on me to thoroughly read through all info and decide wehther to proceed, as referred to in point three of the IDD and they cannot agree that the information was not supplied. They say the costing is clearly annotated and they do not understand how I was not awawre of the information. (It wasn't explained at point of sale)

Their final point is that as it was on a non-advised basis the sales rep was under no obligation to explore existing cover I had or any details of medical history. They say that the PPI was sold within the terms of a non-advised sale I do, however, remember that I was certainly not told that the policy was going to attract interest and be added as such on to the final amount.

If anyone knows whether it is worth pursuing or if this is a standard off putting response designed to deter me from taking things further, any advice would be greatly appreciated and thanks for taking the time to read all of this.

[dj1971]

Hi lhmcr,

 

Sounds to me like they trying to fob you off.

 

Have they said in the letter this is their final word on the matter?

 

If so, you now have 2 options:

 

1) Take them to the small claims court.

 

2) Refer your case to the Financial Ombudsman Service (fos). This option will not cost you anything and they will charge creation £500 for investigating your complaint. There is a long waiting list however with the FOS, so it may well be some time before they come to investigate your case. I personally waited a year for them to investigate 1 of my claims.

 

If they have not indicated on the letter that this is their final response, you can write back to creation stating that you disagree with their decision and ask them for a final response, so you can refer the matter to the FOS.

 

Entirely your choice which route you take.

 

Contact details for FOS are: [url="http://www.financial-ombudsman.org.uk/" or tel: 0300 123 9 123

 

Good luck

 

DJ

[dx100uk]

ruddy fleecers!!

 

dx

[lhmcr1]

To dj1971:

No, it isn't their final response, they said if I disagree with their desicion, I should write back and tell them why.

 

Other forum members, my own experience, and general comments about the FOS puts me off going to them, even if it is free.

And they may look at Creations response as above saying that it was sold ligitimately (as they have done with my Egg Money charges complaint)

 

Anything I could further add as to why I disagree with their response, as I don't want to follow up this complaint if I have no chance.

(Don't mean to be negative but not had much luck with complaints recently)

 

I want to make sure that this policy was definately mis-sold.

 

Going off the key facts it does say, however, even under non-advised guidelines they can ask questions about my circumstances.

There is nothing I would like better than to take the complaint to the top and get my money back.

 

To dx100uk: Yes, they certainly are.

[dx100uk]

i can't see any reason why the fos disagrees with your charges reclaim nor will they with the PPI

if you have the agreement, then going by recent dealings, the FOS are taking the view that if its on the agreement and the customer says i didnt want it etc etc, they make them cough.

 

dx

[dj1971]

lhmcr,

 

For reasons on why a policy might be considered mis-sold, have a look at the stickys on the ppi homepage. There is lots of useful information on there.

 

Of course entirely your choice whether to refer this claim to the FOS, though as far as I am aware the only other option available to you is smalls claims court.

 

Good luck

 

DJ

[lhmcr1]

As I said in my first post,

I do remember being told that the cover was free in the special offer period and my intention was to pay it off before the offer period expired but other things happened.

 

I did agree to the free cover, however, the rep certainly did not say that if I went over the offer period the PPI amount would be aded in whole and interest added.

 

This is where Creation are saying the onus was on me to check the agreement and make a decision.

 

My concern is that if I proceed, the fact that I agreed to the free cover means I knew what I was signing up for,

but if the rep had told me that it was single premium and interest would be added I would not have signed up.

 

The FOS agreed with Egg on their £16 penalty charges as they said that Egg had satisfied the OFT with evidence that it costs them a little more than £16 to deal with over-limits.

[dx100uk]

really!

i'd like to see that evidence, AFAIK, not one financial institution went anywhere near providing a breakdown of their admin costs for unlawful charges.

 

as for the PPI, go reclaim it

 

i would not worry about being given a free period, ok so's you didn't cancel...so what!

got conned as everyone else.

 

dx

[lhmcr1]

Yes, I would say I got conned, as I would also say Egg's £16 charges are excessive,

however the FOS (the adjudicator and the Ombudsman it was escalated to) disagrees.

So you will see that I am cautious. I also had a hardship claim rejected.

 

I would like to go via the small claims route, even though there is costs involved, my concern is that if it gets infront of a judge,

he may see the cross in the I agree box and say that I should have checked out the T&C's and rule in Creation's favour,

my FOS expeience has sort of dented my confidence in reclaiming should we say, especially when I see other reclaims being upheld and refunded.

 

I can only hope that Creation either do not file a defence, don't want to be dragged through court or I get a sympathetic judge.

 

I do have a thread on CAG about the Egg reclaim by the way.

 

Sorry about the negativity but my reclaims and FOS dealings have not gone smoothly recently, despite on paper, things looking as though they were in my favour.

[dx100uk]

not in the least, i can understand your reasoning, however, thats exactly what cag and it's members are here for, to right these wrongs.

 

don't worry about the tickbox , even if its your writing [if it's typed then gameover too for them!]

at the time you were duped - simple.

 

have you read the notes for claims stickys & the other posts by alanalanA ?

 

if not i recommend an evenings reading.

very worth while

 

dx

[lhmcr1]

O.K. Thanks for the replies, I will be sending a letter to Creation rejecting their response and also including a request to cancel the PPI.

Are there any responses I could use, I have checked other members responses but they are all mixed in with other points and complaints.

[dx100uk]

no just a direct simple letter will do

 

dx

[lhmcr1]

Thanks, dx.

I have just remembered also that between 1998 and 2000 I had a personal loan with Natwest, this also had PPI.

As a complete long shot, is this also worth looking into for a reclaim, if so, would I need to send of for an SAR to Natwest?

How far back is it possible to go, I take it that a PPI reclaim that far back comes with certain restrictions on who can get involved.

I would also imagine, that if I complain to Natwest, their response would be that because this was over 10 years ago, I am no longer able to reclaim, have any members sucessfully reclaimed this far back or further?

[dx100uk]

ppi has no time limit

as long as you've got or can get evidence you paid it

if you have got or get the agreements then its game over for them

 

dx

[lhmcr1]

O.K. Have sent a letter rejecting their response, I am pretty certain that they will reject my reclaim and I will have to take it further.

My concern is where to take the reclaim, as said, I have no faith in the FOS, but to go to court means something different all together. Has anyone skipped the FOS and gone straight to the small claims route? Again my concern with the FOS is that they will side with Creation because of the non-advised sale and agree that the onus was on me to read the T & C's.

[dx100uk]

well we can't force you to be confident in your reclaim!

it matters not that you went with this 'free' period.

 

you have realised it is not suitable and was conned simple.

you are allowed to change your mind.

 

you are entitled to it go get it.

 

dx

[lhmcr1]

I have received a reply from Creation regarding the PPI reclaim and it is showing as their final response, unsurprisingly, they have rejected my reclaim and are saying that my next step is either the FOS or court.

As I mentioned above, I am wary of going to the FOS as my previous dealings have not been very successful.

I know the FOS is free and court costs initially, but knowing my luck, my claim will be read at the FOS by some temp drafted in to deal with the increasing workload who will just treat it like a hot potato and agree with Creation, and to add to the bargain I will probably have to wait 9 months to be told it has not been upheld.

Any thoughts on this would be appreciated.

[dx100uk]

can you scan the letter please

 

dx

[lhmcr1]

Unfortunately I don't have access to a scanner at the mo, but the letter basically says:

We note that you remain dissatisfied with our investigation, we have again reviewed your details but our decision is unchanged.

We feel our previous response fully addresses each of my concerns, including the T&C's of a non-advised sale and that I have been re-sent all documents issued prior to my acceptance of the PPI.

They ask if I have any further evidence to support the complaint to send it, or I can now go to the FOS.

[dx100uk]

T&C's of a non-advised sale ... load of bull ...they cant wash their hands of it just like that.

 

off to the fos

 

dx

[lhmcr1]

O.K. then, I have decided to try the FOS route, it being free and hopefully having a better chance with a PPI reclaim.

Anything I could put on the FOS form to give me more of a chance of success?