Thanks for the answer 'H' So in a way, it's best to report them to ALL three - FOS, FSA & OFT

Despite my letter, FP has written back still insisting Norton Finance are responsible for the sale of the PPI. I've never had a discussion with Norton regarding PPI, but FP has enclosed a form filled in by Norton and sent to FP, with a PPI box ticked. What I'm not sure about is...... Does FP pay the single premium to Norton, but keep the interest that is lumped on the main loan or do they pay the insurer direct? Have they completely ignored (or failed to understand) the above ruling/precedent or is it another stalling tactic? Either way, I have never received a policy document from FP, Norton or the actual insurer and they are all complicit in mis-selling the policy as they have deliberately provided the least amount of info possible! When I write back with my LBA, how should I tackle them with the Norton issue. Is worth making that point and stating I don't care who is to blame and ultimately FP provided the loan, and when they called me it was them that went through the demands and needs, and subsequently taken the premiums!

Morning all, I'm bit confused...... Who is it best to complain to, the FOS or the FSA (or both). What one would be most effective (or should I say cause the most pain/cost to a finacial institution:D )

Sounds like you are in excatly the same position as me and it's my belief we have been mis-sold. See my thread here... http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/137511-bog-first-plus-ppi.html Did they send you a cassette of your calls? They sent me one and it clearly works against them!

Oh I see I think they are going to have one hell of a job proving the PPI was not mis-sold

Thanks Hell, I'm posting it today We will see what happens......

Wow! First Plus are quick at responding. I sent my request for refund letter on Monday and I received a response today. Not happy with it though, as they have refered the first loan to Norton Finance and are saying they (First Plus) will respond by the 6th May - in over three weeks! This is the response I'm sending.... Is this OK, any comments?

Don't send them anything - if they have lost your credit agreement, the debt is unenforceable (Assuming the account is live). Equally, it is their responsability to prove they did not mis-sell the PPI - if they have lost the documents, they can't prove it can they!

I've decided to do that whilst on the tube home tonight - I'm feed up with playing nicely Thanks for the advice Hellhasnofury, your right I will send them another letter and I will make it clear to them that I have/will be reporting them to various authorities. Mercer's are part of Barclaycard as far as I'm aware, but do their best to prentend otherwise. They always use the same number, so they are easily ignored:grin: .

Thought I'd give a bit of an update and ask some advice. Basically, after sending my LBA and BC saying 'no' to a refund of the PPI and BC NOT being able to supply a copy of my credit agreement, I wrote to them stating that the account is clearly in dispute based on the above two points. They ignored my letter and I have subsequently stopped paying them. The have now defaulted the account and have set Mercers on me, despite not being legally allowed to do this whilst an account is in dispute. I have written to them again telling them to stop Mercers harassing me (well they ring 2-3 times a day, but I ignore them and log the calls) and again they have ignored me. I did start to write to BC again, but thought it would be a waste of time as they would probably ignore it anyway. So I'm now contemplating my next move, I think I have 3 options. 1. Continue to ignore their attempts to recover their perceived debt and let them take me to court, then counter claim for my PPI refund, their breach of the Data Protection Act, OFT guidelines etc, Harassment and request removal of the default. 3. Initiate a claim myself for the above through MCO. 2. Report them to the FSA, OFT & DP Commissioner and any other authority I can think of. I know there are lots of issues wrapped up in here, but I confident I will beat them - it's what to do next. What do you guys think?

You really have to push BC to send you ALL of the data, it took me 3 letters and 3 phone calls. Use the Radbrook Hall address - it worked for me

Yes, I will be asking for 8% statutory interest on top, in fact I'm going to ask for contractual interest instead as it's higher than the 8% (8.59% and 9.2%). This is what the have charged me, therefore it's only right they pay the same. I'm going to use the following text in the letter: I am requesting a full refund of all premiums, and subsequent interest on these payments, that I have paid to date. As I believe I have been deprived of this money I also expect contractual interest. I have calculated the contractual interest at 8.59% APR for agreement xxxxxx and at 9.2% APR for agreement xxxxxx, both of which you applied to the relevant loan at the time of inception, reflecting the principal of mutuality and reciprocity. Hope this helps.... The problem is that it is really complicated to work out what we are owed (Just the way First Plus want it:rolleyes: ), but as Goldlady says, if we get the figures close, Frist Plus can work out the detail for us.

Will do I'm at work at the moment, but I'll try and attach it tonight. As for the SAR, yes I did get it back, but I'm starting to think it's incomplete - I will decide how I pursue that after their response to my refund request. To be honest, I think FP deliberatly provided the least amount of detail in attempt to hide the true cost of their products/services. The play on peoples times of need! Time for us to all fight back me thinks :grin:

Thanks for the response hellhasnofury One thing I did not mention is that these are not 3 seperate loans, the 06 settled the 05 and the 05 settled the 04, if you get what I mean. What I can't get my head around is what do they actually owe me? as I have not paid the 'Total PPI Interest' or have I. The 04 & 05 loans did not run the full term, so do I just have to work out the interest on the months I paid? Also, can you explain a bit more about the the stat interest and also work the contractual interest and give me an example of how to work it out. Many thanks.

I've had another search and I think I've cracked it using hellhasnofury's calculations in Kanecole's thread (Thanks guys:) ), but need someone just to confirm what I have done. Sorry about the quality - Not sure how to post a spreadsheet, so I attached it as an image - if you require me to PM the spreadsheet I can. 2006 Loan still current (but due to be settled soon), so I'm not sure how affects the figures. If I have got this right (or it needs a little tweaking), I'm hame to upload the spreadsheet for others to use. Hope this makes sense.

Over the past few weeks I've been reading various posts regarding claiming back a single premium policy. I have all of my S.A.R - (Subject Access Request) data (Including tape, which IMO helps my claim :grin: ) back from First Plus and I'm now at the stage where I've compiled my re-claim letter. But I'm a bit stuck with the formula to work out what I'm owed. In the past I have seen a couple of realy good posts which explained it, but despite lots of searching today I can't find them. Can someone point me in the right direction please I assume it's along the following lines: 1. Full premium less any rebate given when loan settled, plus interest (On full premium for full loan term at loadn Apr?? ) 2. Premiums paid to date plus intrest (@ 8% or loan Apr?) I'll keep you all updated on how I get on an once I've finished my letter, I will post it here to assit others. Cheers

Thanks for the advice guys I am sure this is all they have, as I have recieved the same document twice - once with the CCA and again as part of my DPA SAR. Getting all my info under the SAR has been difficult. First they sent just statements, but after a theating letter and a call to 'Radbrook Hall (There apparent main DPA complience office) I believe I now have all of my personal data they hold. They have even confrimed this in writting (Usefull for a court bundle me thinks ).

Thanks Car2403, new thread started here: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/132464-barclaycard-enforcable-credit-agrreement.html#post1393784

After sending off a CCArequest to Barclaycard, I have received a copy of my original application form (Below) and nothing else. Am I right in saying that this in not an enforcable signed credit agreement, but just an application form. Or am I barking up the wrong tree

Done - Now much bigger! Cheers for the info!

Yes, it's in the region of £2050.

Apologies if I have posted this in the wrong thread (if it is, could a Moderator kindly move it to the correct place ) After I CCA Barclaycard I have received a copy of my original application form (Below) and nothing else. Am I right in saying that this in not an enforcable signed credit agreement, but just an application form. Or am I barking up the wrong tree

Finally got all (or so they say) of my data from BC, it took a while - a couple of letters and phone calls. I got loads of computer screen prints, marketing files etc, but nothing relating to PPI. So, today I rang Barclay's Radbrook Hall' (This is apparently their main Data Protection office! - Tel 01565 614000) and spoke to a very helpfull chap who told me that BC do not keep telephone transcripts for longer than 30 days (For un-secured loans and cards) and letters are kept for 7 years. He said, if I did not get any thing relating to PPI, it's because it does not exist!! So in light of this and the fact BC have no proof they legitimatly applied the PPI to my account, is it worth writing to Mathew Thompson to re-consider his position? Also, if I did take them to court and they did somehow produce evidence, which in turn meant I lost my case, could I then make a court claim in relation to the Data Protection Act and their non disclosure of said evidence, for the full PPI amount? As this would in effect be my actual loss due to their non complience - if you get what I mean .

After 3 letters and 1 phone call, Amex have paid back my charges in full at the LBA stage:D - nearly £400. I've not posted anything on this before as it's been fairly straight forward and as others have said, Amex are quite easy to deal with and do seem to give in. At first they kept quoting the OFT recommendation of £10 charges, but after telling them that's irrelevant and my case would be based the charges being deemed a penalty under contract law, they refunded the charges as a 'Gesture of Goodwill' So good luck anyone who is claiming from Amex, it can be done! Mods can this be moved to succesess please

Good luck Oggy, I'll be following your claim with interest as it is similar to mine with Barclaycard.