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    • Hi, the vehicle went to Audi Chingford on Thursday 13th May. I did state beforehand that I only wanted a diagnostic. The technician out of courtesy opened the drain letting huge deposits of water escape the seals. Video evidence was provided via AUDI cam. The link for the audi cam has been forwarded to BMW and Motonovo. I spoke to branch manager explained the situation and he stated he would sent me an email outlining the issue. Audi state this is not really an issue and more of a design flaw. However, the seals still have water ingress. I purchased the vehicle with £0 deposit on a 60 months HP plan for £520.00. The vehicle total was £21000. I did not go for any extended warranty. I live almost 70 miles away from the aftersales centre in Peterborough. I have previously uploaded the document I forwarded to BMW however it was in word format. I have had to buy a new tyre almost three days after purchasing vehicle. BMW still have not compensated me for the v62 cost as they said they would. 
    • I would suggest that you stop trying to rely on legal theory – as you understand it. Firstly, because we are dealing with practical/pragmatic situations and at a low value level where these arguments tend not to work. Secondly, because you clearly have misunderstood the assessment of quantum where there are breaches of obligations. The formula that you have cited above is the method of loss calculation in torts. In contract it is entirely different. The law of obligations generally attempts to remedy the breach. This means that in tort, damages seek to put you into the position you would have been in had the breach not occurred. In other words it returns you to your starting position – point zero. Contract damages attend put you into the position that you would have been had the breach not occurred but this is not your starting position, contract damages assume that the agreement in dispute had actually been carried out. This puts you into your final position. You sold an item for £XXX. Your expectation was that you your item would be correctly delivered and that you would be the beneficiary of £XXX. Your expectation loss is the amount that you sold the item for and that is all you are entitled to recover. If you want, you can try to sue for the larger sum – and we will help you. But if they ask for evidence of the value of the item as it was sold then I can almost guarantee that either you will be obliged to settle for the lesser sum – or else a judge will give you judgement but for the lesser sum. This will put you to the position that you would have been had there been no breach of contract. I understand from you now that when you dispatch the item you declared the retail cost to you and not your expected benefit of £XXX. To claim for the retail value in the circumstances would offend the rules relating to betterment. If you want to do it then we will help you – but don't be surprised if you take a tumble.  
    • I was caught speeding 3 times in the same week, on the same road. All times were 8-12mph higher than the limit. I was offered the course for the first offense and I now need to accept the other 2 offenses. I just want to be ready for what might come. Will I get the £100 fine and 3 points for each of them or do I face something more severe?  These are my only offenses in 8 years of driving.
    • I'll get my letter drafted this evening. Its an item I sold, which I'm also concerned about, as whilst I don't have my original purchase receipt (the best I have is my credit card statement showing a purchase from Car Audio Centre), I do unfortunately have the eBay listing where I sold it for much less. But as I said before this is now a question of compensation: true compensation would seek to put me back into the position I was in before the loss ie: that title would remain with me until my buyer has accepted this, and so compensation should be that which would be needed to replace the lost item. But in the world of instant electronic payment, it could be argued that as I had already been paid, the title to the goods had already transferred, and I was required to refund the buyer after the loss. And so, despite my declared value being the retail price - that which is needed to return me to my pre-sales position, the compensatory value should be the value I sold it for, which being a second-hand item from a private seller is lower. I still believe that I should be claiming for the item's full value, rather than how much I sold it for, as this is the same for insurance: we don't insure the value we paid, but rather the value of the item to put us back into the position we would be in if we ever needed to claim. Its for the loss adjuster to argue the toss
    • amusing that 'bad economic judgement on behalf of prior party ISN'T a major reason to wingers to move to deform yet immigration is, where record levels of such has been driven by the right wings terrible brexit and the later incompetent dog whistle 'proposals largely driven to whistle to the right wingnuts Just seems to confirm the are clueless numpties 'wetting their own shoes   Has farage bought a property in Clacton yet?   yet concern for the NHS is listed as a major issue even by those saying they are moving to deform  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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trying to reclaim ppi


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hi all, i'm new to all this so apologies in advance if i've posted in the wrong place.

i'm trying to claim back 3 lots of ppi from three seperate loans, i purchased all three loans through ocean finance, the three companies used were first national, swift advances and the london mortgage company, all three loans were paid off early and i received no refund of the ppi's for this. my ppi on all three loans was put down as a single premium and i was also told that having this ppi would assist my loan application, i took this as if i didn't have it i wouldn't get the loan.

i have written to all three companies with my complaint (letter templates i downloaded from mse) i also put copies of these letters in with a further letter i sent to ocean finance, i have received a standard letter from ocean with a copy of their "how we handle your complaint" leaflet saying that they are looking into it but have received nothing from the three companies.

who would actually deal with these complaints, would it be ocean or the three companies, could anyone shine on a light on this please.

would love not to miss the boat on this one as i probably left it a tad too late with the bank charges, i was just about to go down the court route when the oft announcement was made and am now in limbo with what to do about this one.

sorry for the long winded post but as i say i'm all new to this.

thanks in advance to anyone who can help

gemini x x x:confused:

 

Hello Gemini,

 

Firstly, as far as I am aware you must continue down the well trodden path of reclaiming your bank charges. Please read the threads in your particular bank forum.

 

Now as for the ppi, You reclaim back the ppi to however sold it to you. Have you sent a SAR to ocean finance to get all of the details that they hold in your file. If not do so.

 

Please read around the ppi forum, the different threads that people have posted. Some like yourself are just beginning, some halfway through, some at the court stage and some have been successful:D

 

The process of reclaiming back ppi is relatively the same process as reclaiming back your bank charges, but it is newer and they will play hard ball and never admit that it was mis-sold.

 

If you need help, just post on this thread so others can help:D

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If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hi hellhasnofury

 

thanks very very much for your reply, it's great to know someone is trying to help, i know this is probably a really dumb question but what is an S.A.R - (Subject Access Request) and how will that help me. i have just sent off for a court pack re my bank charges i'm not going to give up that easily.

your advice and feedback is very much appreciated

 

thanks again:D

 

Hello Gemini65,

 

You are most welcome, and many thanks for the clicky thing:D

 

Unfortunately or fortunately I have been a victum of mis-sold ppi and went after these financial institutes with a passion. I was successful without the need to issue a court claim. These financial companies prey on the ignorance of the consumer, who trust them and are normally desperate for money, they trick them with ppi and they have made extortionate profit from it with little or no benefits for the poor sucker, that does not know what it is or cannot claim on it, because of the exclusions.

 

They make my blood boil and that is why I try to help:D

 

Rant over:shock:

 

Now regarding the SAR It is your right under the data protection act to receive all information relating to any information the company holds on you and your accounts. This includes all payment, credit agreements, transaction, letters of correspondence, telephone calls and transcript. Basically absolutly everything.

 

Maybe Send this letter and amend it to your own details.

 

Your address

 

Their address

 

Date

 

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

Dear Sir/Madam

 

Namexxxxxxxxx

Account No/No'sxxxxxxxxx

 

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans, payment protection insurance and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

 

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

 

- A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organization.

 

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

You have to pay a fee of £10 for the SAR and they have 40days to comply or they break the law:-D

 

 

 

 

 

 

 

 

 

 

I have gained much experience in the process of ppi and it will I believe become the biggest [problem] since Endownment Mortgages, with the general public chopping at the bit to reclaim it back.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hi again hellhasnofury

 

thanks again for your help, i have taken your advice and done the letter to ocean finance requesting the S.A.R - (Subject Access Request) and will post it off tomorrow, will definately keep you updated on this and the bank charge issue.

 

thanks again you've been great

luv gemini x x x :D

 

 

Thanks again Gemini,

 

Glad as always to be of help, you best keep us posted:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hi guys, just thought i'd give you an update on whats happening.

Have sent off for the S.A.R - (Subject Access Request), thanks to the advice of hellhasnofury, and in the meantime have received 3 letters from ocean finance, the first states that they had listened to a tele con that was made when the offer was made to myself and looked at screen notes during the process of the application, they go on to say that the figures quoted by the underwriter included ppi and that i had confirmed that i wanted it, the underwriter had a number of years experience within the financial industry and had passed a fis association course and exam when the offer was made. that they hold no records to confirm that i was told or implied the ppi was compulsory or that it would assist my application or that they held no records to confirm that i had told them of my intention to pay the loan off early or that i had queried the ppi at any point therefore they are unable to uphold my complaint.

the second states that they had just looked at computer screen notes and documentation during the process of the loan application and then pretty much the same as the second, but now for worrying bit they state that the fos would be unlikely to investigate this further as the sale of insurance has only been regulated by the fsa since 14th jan 2005 and as these policies were sold prior to this date they basically wouldn't be interested.

the third letter was re swift advances and also states they had listened to a tele con and had screen notes etc etc, this offer of finance included their initial disclosure document, credit agreement etc, this letter states that i can go to fos, just to let you know this ppi was for £1148.00 with an apr of 14.3% over 10 years £944.80, total cost of insurance £2092.80, i managed to pay this loan off after 16 months and yet got no rebate whatsoever.

don't know if i mentioned before but all three were single premium policies

1st with first national, took out on the 4th jan 2002, paid off early £768.86

2nd withlondon mortgage company, took out 13th nov 2003, paid off early £700.00

and the third as above.

does this mean i stand no chance of getting this back now

 

sorry for the waffling, this is what happens when i get a tad frustrated:sad: x x x

 

Hello

 

I truely understand your frustration, but they have done no more than I would have expected.

 

Have they sent you a copy of the telephone conversations, if not demand them, you only have their word for what is one them. Did the give you the option of quotes without ppi?????

 

As for their experienced sales advisor, she or he gets a bonus for every premium sold and they have to hit targets I would presume.

 

They are correct in the fact that the FOS will not pursue the matter, but you can with the use of the legal system. ie court.

 

Keep at them and do what is right.

 

If you need help shout.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hello again hellhasnofury

 

thanks again for your advice and support its nice to know i have an ally in all of this, i will wait for the S.A.R - (Subject Access Request) to come back and see what that holds, if i am going to go down the court route do i go through the small claims court the same way as the bank charges?

 

have a good weekend x x :)

 

 

Hello Gemini,

 

You are very welcome,

 

Yea it is the same process as the bank charges,

 

Prelim letter as for it back

Letter before action demand it back

Court:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hi there, wanted to keep an update going just incase it proves usefull for anyone else but help is also reqired please.

 

i sent off the S.A.R - (Subject Access Request) letter that hellhasnofury very kindly posted for me and i have had some details come back along with the £10 cheque as a goodwill gesture, to which i was most surprised until i realised why!, they say and i quote

"please find enclosed our computer screen notes along with your application data relating to records we hold in your name. The notes recorded were made by our staff during the processing of your loan applications. These notes may include abbreviations as they are intended for internal use."

"As ocean finance is a finance broker and we process applications on behalf of our panel of lenders, it will be necessary for you to contact the relevant lender to obtain a full list of transactions and charges applied to your accounts as we do not have access to this information"

 

Sorry to waffle, but considering they said they had listened to a conversation that took place when the offer of one finance was offered on a certain date regarding the ppi, i can't seem to see anywhere where i had this conversation, are they supposed to send me a recording of this?

also there are that many abbreviations am i supposed to write back and ask what they all mean? and finally should i now go to the individual companies and request S.A.R - (Subject Access Request)'s from them?

totally confused as to what to do now, here's hoping hellhasnofury see's this!

 

thanks in advance

gemini x x x:-? :-? :-?

 

This is a simple, Its not us, go and chase someone else.

 

Now who sold you the loans and the ppi??????

 

Who do you pay now or paid???????????

 

They want to be most unhelpful:evil: They are not going to say, oh we are sorry here is you money:evil:

 

Now write back to them stating that you hold them responsible for this mis-selling of the ppi to the loan/loans, Did they give you the option of loans without it. So they gave you no option. They apply the ppi to the loan because they make profit on it.:evil:

 

As regards the SAR write back with the £10 and demand that they supply you with all information they hold on you and that included all telephone transcipts and telephone recordings.

 

They are trying to confuse you and put you off, some people would be put off and give up. but you must not give up. Once they know you are serious, they will start talking.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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hi again hellhasnofury

in reply to your questions it was ocean finance that sold me the loans with the ppi on behalf on the loan companies that i then paid (hope that made sense!!).

i am just writing a letter now asking for the copy of the tele cons, (that they say they have listened to) good idea of yours to put the cheque back in, will make sure i do that.

i've got a bee in my bonnet about all this now, there would be no way i'll give up now.

sorry to keep repeating myself but i sincerely thank you for all your help, support and advice, you stopped me looking stupid to these people and trust me thats an accomplishment on its own lol!!!

i'll keep you posted if thats ok x x :D

Hello Gemini,

 

You are not stupied, just not educated in the ways of the underhand selling techniques of these financial companies. They basically are loan sharks, who tempt you in and bang:o

 

You will become more educated of that I am sure, You are going to have a big of a fight on your hands I think. but we will see what they come back with. and then fight back.

 

You are most welcome, and please do keep us posted.:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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FSA/PN/099/2007

6 September 2007

The Financial Services Authority (FSA) has fined Hadenglen Home Finance Plc (Hadenglen) £133,000, and its chief executive £49,000, for inadequate systems and controls when recommending re-mortgages and Payment Protection Insurance (PPI) to customers. This is the first time the FSA has fined both a firm and its chief executive for re-mortgage and PPI failings.

The failings were discovered as a result of the FSA's second phase of PPI work in May 2006. The FSA found that Hadenglen exposed approximately 2,000 re-mortgage and 1,900 PPI customers to the unacceptably high risk of being sold a product which was not suitable.

Hadenglen's Chief Executive Richard Hayes was responsible for the firm's business practices and for ensuring that its systems and controls for selling re-mortgages and PPI were appropriate. He implemented a sales strategy for re-mortgages without regard to the risk that customers would have to pay an early redemption charge and other fees when re-mortgaging may have been unsuitable.

Mr Hayes also failed to ensure that the sales practices for PPI were adequate. Hadenglen did not gather sufficient information from customers and did not take into account the cost of PPI when making a recommendation.

As a result re-mortgage customers incurred significant charges that may not have been in their best interests and PPI customers were advised to purchase a product that may not have been suitable for their needs or under which they were not able to claim.

Margaret Cole, FSA Director of Enforcement, said:

"Firms must develop and maintain systems and controls that minimise the risk of providing unsuitable advice to customers. The penalty imposed on Mr Hayes should leave senior management within firms in no doubt that the FSA will hold them to account if they fail to treat their customers fairly.

"PPI has been a priority for the FSA since general insurance regulation began and it continues to be a priority for us. This is the first time we have taken action against a chief executive for PPI selling failures. The significant fines imposed on both Hadenglen and Mr Hayes reflect the seriousness of their actions."

The FSA also found serious weaknesses in Hadenglen's compliance monitoring, training and competence regime, use of management information and senior management oversight of the business.

Mr Hayes has implemented a comprehensive review of systems and controls and retained external consultants to advise on this process. Hadenglen has implemented a remedial action plan for consumers which involves a customer contact exercise and redress where appropriate. Without this action the fines would have been significantly higher. In addition, Mr Hayes and Hadenglen agreed to settle at an early stage of the FSA's investigation and therefore qualified for a 30% discount under the executive settlement procedures. Without the discount the fines would have been £70,000 for Mr Hayes and £190,000 for Hadenglen.

Notes for editors

  1. Hadenglen Home Finance plc is a mortgage broker based in Ashby de la Zouch, Leicestershire and Mr Hayes is the firm's Chief Executive. The Final Notices are available on the FSA website. Hadenglen's customer base for re-mortgages is typically sub-prime and therefore includes customers with low or impaired credit ratings who may find it difficult to obtain finance from traditional sources. A significant proportion of customers had previously purchased their home under the government Right to Buy scheme.
  2. The failings concerning re-mortgaging occurred between 31 October 2004 and 15 June 2007 and the PPI failings took place between 14 January 2005 and 2 November 2006.
  3. Hadenglen was one of the firms visited during the FSA's second phase of PPI work published in October 2006. The first phase of the FSA's PPI work and the Dear CEO letter concerning PPI were published in November 2005. The FSA is due to report on its latest investigations into PPI sales standards in September 2007.
  4. The FSA has previously fined five firms over poor PPI selling practices – Regency Mortgage Corporation Limited £56,000 (PN 88/ 2006), Loans.co.uk £455,000 (PN 105/2006), Redcats (Brands) Limited £270,000 (PN136/2006), GE Capital Bank £610,000 (PN/015/2007) and Capital One Bank (Europe) Plc £175,000 (PN 22/2007) and has imposed a public censure on Eastern Western Motor Group (PN 137/2006) and Cathedral Motor Company Limited. Two other cases have been concluded where problems relating to PPI also featured - Capital Mortgage Connections Limited Ltd £17,500 (PN 119/2006) and Home and County Mortgages Limited £52,500 (PN 132/2006). Other PPI enforcement investigations are underway.
  5. The FSA regulates the financial services industry and has four objectives under the Financial Services and Markets Act 2000: maintaining market confidence; promoting public understanding of the financial system; securing the appropriate degree of protection for consumers; and fighting financial crime.
  6. The FSA aims to promote efficient, orderly and fair markets, help retail consumers achieve a fair deal and improve its business capability and effectiveness.

 

Thank you for posting this information on the site. It is great to see firms being fined for mis-selling of ppi. My main concern with this that the FSA only seem to be getting the small fry, whilst the bigger sharks get away with it. They bigger sharks are the ones that make the most profit, because the consumers go to them, because they have their bank accounts and they can monitor who is desperate for a loan :-o

 

I think the FSA, Trading Standards and the Office of Fair Trading are all in cahoots with the Government in the present financial climate and unrest by the consumers:-x They want to keep us down and inflation:-x

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hi everyone!

 

I'm new to here. I've been reading through some of the threads and I'm really glad I have. Some of you guys on here are sooooo knowledgable!

 

I heard about the PPI scandal and decided to look into a loan i had with HFC Bank few years ago. I took out PPI as I was led to believe I wouldn't get the loan if I didn't and also, I felt quite pressured by the salseperson. I, as many of us, signed up for something I had no clue about!

 

I'm proper incensed now :-x so I recently sent a template letter (from MSE) stating the above and HFC replied saying they had explained everything, they weren't at fault, they aren't going to pay me back basically! They enclosed two photocopied pieces of paper showing I had ticked a PPI box and signed them (obviously it was my contract!!)

 

What should I do next guys? I still think I was mis-sold the PPI. It wasn't explained that it was added to my loan PLUS interest etc.

 

I want justice:-x ! Can anyone advise me on what I should write to them next or should I go straight to the Financial Ombusman?

 

Thanks in advance for your help!

VWdriver35

 

Hello Vw.

 

First things first, welcome, please start your own thread on the ppi forum.

 

Can you paste the letter that you send them up on your thread so we can see what was in it.

 

They are trying to be clever and hold you to your tick. That will be their arguement.

 

Have you stated your reasons for mis-selling.

 

Can you let us know, so we can help you move forward on this one.:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 3 weeks later...

Hello Gemini,

 

To be honest its not going to be the easiest of claims to resolve. Ocean Finance are the brokers who sell loans for others. So Ocean finance will take the back step and say it is nothing to do with them. You are making the payment to other creditors. The loan companies will say well OF sorted the loans out and round and round you go.

 

Personally I feel that your arguement is with OF. They have to take the responsiblity for selling or mis-selling as the case may be. They would get paid commission on each loan they sell to a customer.

 

I would contact the FSA or advise on this matter.

 

Do not get disheartened, you need to take time and chip away till you know all of the facts. I may take some time to resolve this matter, but with determination you will find out who is responsible and get them.

 

Keep your chin up.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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:D :D Excellent news,

 

Lets wait and see what comes of this. One in the eye for OF:D

 

I do think it is a little bit disappointing that they will only look at recent claims, as before that is when they really ripped most people off:eek: With those claims, the only way is court

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Hello Gem

 

Just been looking at the figures.

 

MMMMmmmmhhhhhh, will need a bit more info. have sent you a pm

 

Get back to me please

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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Might be of interest

 

visit: FLA E-Recruitment System

Decision in Hurstanger v Wilson

[2007] EWCA Civ 299

This is may be of relevance to all members who pay fees to brokers.

Case Summary

The borrowers (Mr Wilson and Ms Burton) obtained a loan through a

broker. The broker had a fiduciary relationship with the borrowers and

received commission from the lender.

At issue was whether the broker had received secret commission from the

lender and whether informed consent had been given by the borrowers.

The borrowers signed a form which indicated that commission might be

paid but they argued that informed consent had not been given because

they did not know the amount of the commission.

It was held that the broker may only receive commission if the borrower

consented to this with full knowledge of all material circumstances. The

Court of Appeal held that the commission, in this case, was not “secret”

but informed consent had not been given as the amount of commission

had not been disclosed. (Accordingly they awarded the amount of the

commission plus 1.29% simple interest from the date of the agreement’s

inception).

The Court also held that in cases where the broker does not disclose

that she is in receipt of commission from the lender, the commission will be

“secret”, the broker potentially guilty of fraud, and the entire loan liable to

be rescinded.

Implications

The legal teams of all members who pay commission to brokers should

consider the impact of the decision on their business.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 4 weeks later...
hi all

just bumping this one incase it got missed, has anyone been down the court route yet????

 

thanks in advance

 

gemini x x

 

Hello Gem,

 

Hope you are well and your little one is well on the road to a full recovery. our little ones are so precious.

 

Ok the response from OC is no more than would be expected. Have you heard anything yet from the FOS regarding th last loan.

 

There is no rush to do this, but if and when you issue a court claim, you are best to do it the good old fashioned way by issueing a N1 to the court, you will find a template on the bank charges template on the main page. If you use the Money claim on line service, your wordage for you poc is very limited.

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 weeks later...
hi all, just a quick update and a couple of quick questions

i have sent off my bundle to the fos regarding the one mis-selling of ppi that they can help me with, will post an update on this once i get a reply, its so frustrating that they cant deal with all of them.:(

for the other three it looks like i am off to court!!!!!!!!! (i think OF are hoping i do go to court as they have stated in their final response to me that if i take this to court they will pursue that i knew what i was signing for and they were not in the wrong) i think they think that will frighten me off but its just made me more determined!!!!!

i have looked at the n1 thread but dont really understand what i have to do, also do i have to do a poc for this and would then this just be why i am trying to reclaim ppi????

do i need to send OF an lba before going to court even though i have received their final answer????

 

sorry for all the questions but i'm not the brightest spark:o and now its court time i'm getting nervous and want to be seen to be doing it right:confused:

 

gem x x

 

ps sorry one more quickie, should i do each claim individually to keep my claim below £5000?

 

Hello Gem,

 

How is your little one, well I hope,

 

Now stop panicking, These things do not need to be rushed, it is better to take time and get these things right. Might it be prudent to wait to see what the FOS says before rushing to court with the others. They may supply you with good evidence that you can use against OF

 

OF may have given you their final response, but that is not yours, you control this not them. They have just built up the brick wall to protect themselves. but you can chip and chip away at them. Do send them the lba to show that you are serious and that you are giving them every opportunity to remedy the matter. This will look good if and when the case is taken to court. I would also inform and forward their letter to the FOS

 

I think it would be appropriate to maybe post up a thread on the legality forum regarding these matters to see if anybody can give advice on it. The information that I posted up previous is case law that will apply to the lender/broker agreement. I do believe they are as bad as each other

 

Keep your chin up:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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"i will start by clarifying the relationship between your mortgage adviser ocean finance and ourselves. ocean finance is an independent broker and are not tied to swift or premier writers insurance. we have a commercial relationship with them where they receive a commission from us in return for submitting business to us. swift and premier writers do not sell directly to the public and therefore all our business is generated through such relationships with mortgage intermediaries. in essence, swift is the product provider for the loans and ppi and premier writers are the administrators, but these products are sold by intermediaries independent of swift and premier writers.

 

as a product provider, our regulatory responsibilities differ to those of the mortgage adviser as swift was not directly involved in the sales process between of and you but you sent them all the money, therefore you require it back

 

we dealt with the ppi application on the basis that of had provided sufficient information to you and having considered that information, you ??????chose our single premium insurance" I really don't consider that they are off the hook with this one. Who chose it???????

Iwould write to them and tell them that you are not happy with this response and what they are actually going to do about it. Their ppi was mis-sold by a broker they had a commercial relationship with, they paid the broker a incentive to sell it. :roll: They have to take some responsibility for this. They are all as bad as each other, all their fingers in the pie. for profit. They make me so mad:evil:

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 weeks later...
hi caggers

just a quickie!!!!! sorry if this sounds dumb and the answer is probably somewhere on one of the many threads, although i've looked and can't see anything, but for all these protection insurances that we have all been mis sold should we have been given insurance policy documents incase we ever wanted to claim on them:confused: . its just that i had never been sent one in the 4 loans that i had and didn't know by not receiving one this would be another string to our bow, so to speak.

 

luv gem x x :)

hope you're all well x x:D

 

Hello Gemini,

 

They did do a really good job of selling you the ppi, the fact that they did not send you any policy, or terms and conditions of the ppi, will show that they really took the time to provide yu with information of the product. Great aren't they????????

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 weeks later...
just an update but ready to throw the towel in on this one so any help or guidance would be much appreciated.

i sent ocean a letter two weeks ago, quite a lengthy one aswell, stating all the fsa and fos rules on selling ppi, went on to state that it was their responsibility to check employment status, medical history etc, the fact they never gave me repayment figures excluding ppi, never discussed single ppi and how it was added to the loan, they never told me that i would be paying on one for 10 years yet it only covered me for 5 years, i could go on and on.

anyway received a letter from them this morning basically telling me to get lost yet again, "that the fsa has regulated the sale of insurance since 14th jan 2005, prior to this date the rules you refer to were not in force and cannot be applied retrospectively. we would vigorously maintain our position in any court action that you choose to pursue etc etc and we will not be entering into any further correspondance with you regarding this matter unless you raise any new issues which we will of course investigate"

i really am at a loss now, the only other thing i have left is the fact i received no insurance policies from anyone regarding the policy that had been sold to me but is that really down to ocean to have sent these, i think not, it makes me so angry that anything before 2005 no one will look at and it is down to the consumer to take to court. this idea frankly scares the living daylights out of me as i don't think that little me would stand a chance in court against a big company like this. so feel like i have to roll over and let them win this one but when all four ppi's mis sold come to over £11000 i don't want to (sorry waffling now)

i dont know what to do next

HELP!!!!!!!!!!!!!!!!!!!!

 

gem x x

 

Hello Gem,

 

If you throw the towel in now, well they win again and you are the loser again. They are doing no more that you would expect. They want you to go away and drop your claim.

 

We knew that before 2005 they were not regulated by the FSA. but that does not mean that they were not mis-selling ppi and making thousands in commission doing so. They are a business at the end of the day. They will of course deny everything.

 

Have you heard anything back from the fos re the last loan???

 

Try to not get so dishearten about their letters, just keep chipping away.

 

I am well and truely frustated with the companies I am dealing with, they will not give me info, the ignore my letters, but this just makes me more determined to win. I have to do this.:D

  • Haha 1

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 3 weeks later...
p.s

sorry another quickie!!! when doing my court bundle i have seen that their is some very useful info in the court bundle stickie but what do i send or do i send all of it, sorry for appearing thick but never done this before and i want to get it right otherwise the judge will know i'm blonde before i even step through the door, lol :D

 

gem x x

 

Hello Gem,

 

There is no rush to sort out your court bundle, it is your poc that you need to work on an get it spot on. If you send it in and then realise that you should have added something, it wasts time and will cost you £35 to amend it.

 

Once you issue your N1, 14days are given to the OP to acknowledge the claim and then I think 28days is given for them to put in their defence. Then the judge will look at this and set a date for court. So you have quite a time for sort out the court bundle. The court bundle is evidence and information relating to your poc.

 

Have you done your poc yet???

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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