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Canada Square Operations are citing the Financial Conduct Authority's regulatory review in light of the Supreme Court’s decision in Plevin as a justification for being unable to consider my claim for mis-sold PPI on an Egg credit card until such time as the FCA publishes its guidance.

 

Let me be clear, it's not that Canada Square Operations have rejected my claim but have said they will revisit it in light of any additional rules / guidance deemed necessary by the FCA. Rather, they have said they won't even consider it until the FCA publishes its conclusions.

 

Now, it seems to me this is a nonsense for the following reasons:

 

[1] I've completed and returned a FOS questionnaire which makes clear the basis on which I think the PPI was mis-sold – essentially, I applied for the credit card online and was unable to proceed with my application if I unticked a pre-ticked box requesting PPI.

 

This being the case, it seems clear to me that the PPI was mis-sold and whatever the FCA guidance might / might not turn out to be apropos Plevin and the role of undisclosed commissions is irrelevant.

 

[2] Notwithstanding [1], I applied for this credit card in October 1999, ie long before Section 140A of the Consumer Credit Act 1974 kicked in, and the account was settled in full long before April 2008 when the legislation began to apply regardless of when an agreement was entered into.

 

In these circumstances, it seems to me nonsensical for Canada Square Operations to refuse to consider my claim and instead invite me to go straight to the FOS, whereby they would, I believe, incur a fee in excess of £500 to investigate a complaint which I am confident would be upheld.

 

 

Aside from the annoyance / inconvenience it would cause me [waiting for the Ombudsman's ruling], I can't see what possible motivation Canada Square Operations could have for taking this course of action.

 

With this in mind, I'm minded to write back making the very same points I've made above but, before doing so, would welcome the thoughts and opinions of my fellow CAGgers.

 

Thanks in anticipation

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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it is well known

nd even documented on the FOS website regarding the issues with the EGG website at the time

requiring the PPI box to be ticked

before you were allowed to resume the application.

 

 

i'd gotto the FOS with this.

 

 

whatever they are siting regarding the FCA [what is this ?? the 3yrs letter rule?]

i'd gotto the fos with it.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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whatever they are siting regarding the FCA [what is this ?? the 3yrs letter rule?]

i'd gotto the fos with it.

 

dx

 

Canada Square Operations are saying my complaint could be impacted by the guidance the FCA is working on in light of Plevin and that they won't be able to consider it until this is published.

 

I think this is a smokescreen, as my claim doesn't cite Plevin and, in any case, falls outside the timeframe for it to come into play.

 

At the same time, I'm aware of the FOS backlog and, that being the case, keen to make Canada Square Operations see sense and consider my complaint now [thereby avoiding the £500-plus fee they will incur if I take it to the FOS].

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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don't think I've seen any cases of hidden commission with EGG stuff?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Fred-Funk,

 

You won't make CSO see sense. They are deliberately awkward and will do anything to delay things. They will say anything to try to prevent you going forward.

I think you have to resign yourself to a long hard wait and battle. The sooner you start it the better. Line up all your ducks. Complaint to FOS straight-away.

 

I speak from my own battles with them (4 and a 1/2 years so far).

 

Good Luck.

REMEMBER! Hunger is the enemy - NOT the hungry!

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