Help im confused about the ppi claim - Urgent

[Scouserlad]

Hi

 

I have seen alot of posts on here that state the refund of PPI the 6 year rule dose not apply, I have asked a car credit company for a refund and they are telling customers that if it was over 6 years ago they can not claim there ppi back.

 

I need to know can i claim back if it is over 6 years and if so are there any particular quotes i should be giving them ?

 

Thanks

[ims21]

Hi Scouserlad

 

There is no time limit for mis-sold PPI. They are fobbing you off.

 

Can you give more details and what correspondence have you sent these people thus far?

 

Who are they?

 

I am happy to help you with figures etc. if you wish.

 

Regards

 

ims

[Scouserlad]

Hi

 

It is car Craft, i have spoken with there representative here who got a call back from there complaints unit who is putting this in writing that they will only go back 6 years.

 

Thanks

[ims21]

Hi Scouserlad

 

What they are telling you is nonsense

 

There is a process to be followed so first off, do you have a copy of the loan agreement? If so can you post it up as a PDF file (MINUS ALL PERSONAL INFORMATION)

 

Go to the fos website, make sure you fall within the categories for a mis-selling claim and download their consumer questionaire ready for completion.

 

A Schedule of Claim needs to be prepared hence the request for the agreement.

 

You will then submit a letter to the loan company along with the schedule of claim and the questionaire to claim back the ppi.

 

As I said, don't wory about the six year bit. When was this loan taken out?

 

ims

[sallyhoffer11]

hi,

i'm new here,

can you tell me about this forum?

[Scouserlad]

Hi

 

Here is the car craft documents

 

Thanks

carcraf.pdf

[ims21]

Excellent Scouserland...thanks for that

 

So your PPI payment was £34.88 per month. I assume the loan ran its full distance of 48 months?

 

I've attached a spreadsheet which will calculate your claim for you. Please note that you need to list entries in columns A (date of payment), B (Nature of Payment i.e. PPI Premium) and C (Amount i.e. £34.88. The rest of the calculation is done for you.

 

You then need to amend the personal information in the blue section at the top. A copy of this schedule is sent, together with the fos questionaire and a covering letter, to the company you were paying the premiums to.

 

ims

 

StatutoryInt.xls

[Scouserlad]

Car craft are still sticking to the "6 years" rule and have confirmed they will put it in writing early this week

 

What next ?

[ims21]

Car craft are still sticking to the "6 years" rule and have confirmed they will put it in writing early this week

 

What next ?

 

Hi there

 

Forget what they say.....carry on as advised.

 

A mis-sold policy is mis-sold......matters not whether it was 1 year, 3 years or 10 years ago. As I said, they are fobbing you off.

 

ims

[Scouserlad]

Thanks for all the advice, i have spoken with santander (GE Capital) who are sending a list of payments and dates to me soon.

[Scouserlad]

carcraf1.pdfHi

 

Please see atatched reply from car craft, I spoken with the customer service rep here on this forum.

[ims21]

[ATTACH=CONFIG]28781[/ATTACH]Hi

 

Please see atatched reply from car craft, I spoken with the customer service rep here on this forum.

 

 

Car Craft response is a nonsense.

 

PPI mis-selling is not stat barred...what a lad of cr*p and reading through the rest of it their position is ridiculous. In fact them saying that they cannot disprove going back that far has played right into your hands

 

Carry on claiming as previously advised and ignore these fools

 

ims

[Scouserlad]

Who should i contact now ? There head office or the ombudsman bearing in mind any new cases with the ombudsman can take until December to be looked at the moment over ppi issues.

[ims21]

Hi

 

You have two options.

 

The first one is to pass it to fos to deal with although, as you say, that can be a slow process.

 

The second one is to sue in court. This will be quicker. You will need to prepare your schedule of claim as mentioned in previous posts and you will need to send Carcraft a 14 day letter before action together with that schedule. If they still fail to cough up, you issue in court.

 

Regards

 

ims

[Scouserlad]

Hi

 

I will write to them tonight to the head office address, sending recorded post and allow them 14 days from the date of the letter to reply, could somebody help me with a "schedule of claim".

 

Thanks

[ims21]

Hi

 

Post #7 has the spreadsheet which, when completed is the schedule of claim.

 

Did you get the payment date information back yet? Without that information you will have to use dates that are as close as you can estimate for the time being but you will need them when it comes to issuing in court.

 

Regards

 

ims

[Scouserlad]

hey

 

not had anything back yet, will chase that up in the morning and update you to what they say

 

Cheers

[Guest Carcraft Customer Service Manager]

Hi AllI think there has been some confusion, the letter states you are statute barred from taking legal action because the law only provides for claimants to bring claims for negligence within a period of 6 years from the date of sale. You will note it also states Carcraft were not regulated by the FSA at the time of transaction, therefore the judicial review has no bearing on your claim.ThanksLinzi

[ims21]

Hi AllI think there has been some confusion, the letter states you are statute barred from taking legal action because the law only provides for claimants to bring claims for negligence within a period of 6 years from the date of sale. You will note it also states Carcraft were not regulated by the FSA at the time of transaction, therefore the judicial review has no bearing on your claim.ThanksLinzi

 

Claims for mis-selling PPI are not statute barred. The OP has choices...if fos wash their hands of it then the OP should consider taking court action.

 

Regards

 

ims

[Guest Carcraft Customer Service Manager]

Hi imsAs the OP purchased OVER 6 years ago, he cannot legally sue Carcraft or any other company for negligence.Carcraft were not regulated by the FSA at the time of purchasing - therefore the FSA will not look into this complaint.I hope this helps clarify the issue and complaint.If not then i suggest the OP seeks further advice. I am not trying to put up brick walls, merely stating the truth.Many thanksLinzi

[ims21]

I don't see mention of suing under negligence in this thread? (only in your reply)

 

ims

[dx100uk]

still does detract from the fact that the PPI was mis-sold and under the 'mistake' clause under the limitations act sec 32c can be reclaimed.

 

just because a firm was not regulated, does not mean it was ok for them to ....and now get away with it.

 

dx

[Guest Carcraft Customer Service Manager]

negligence comes under the same banner as 'mis-representation' which is what the OP stated occurred when he came to Carcraft to purchase.ThanksLinzi

[ims21]

Oh dx

 

too much info so early on

[ims21]

Hi Scouserlad

 

I see you're online now.

 

As you can see, your friends at CarCraft have been on today.

 

Now I can understand that the rep may have been just trying to protect the company's interests...nothing wrong with that.

 

OR it could be a smokescreen to put you off.

 

Anyway, as you can see, the cat's out of the bag and I just wanted to confirm that your claim is for money paid under a mistake (not negligence) and as such Section 32(1)© Limitations Act applies. This means that you are not constrained by any 6 year limitation.

 

This is the basis for you claim going back to whenever.

 

Best wishes

 

ims