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bozobro0

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  1. I have found this, If the PPI is sold by a broker the lender bears no liability for the mis-selling unless the credit agreement is regulated. In the case of a regulated agreement Section 56 of the Consumer Credit Act will often make the lender liable for antecedent negotiations by the broker. Always check the Broker is solvent – a lot have liquidated to avoid these claims. A spin off of PPI litigation may arise where the lender has paid the broker a commission which has not been declared either as to existence (secret commission) or as to amount (undisclosed commission). Because a broker owes a fiduciary duty to a borrower (arising from the relationship of principal and agent) the broker should pay the commission to the borrower if the borrow did not give informed consent to the broker to receive it. If the broker is in liquidation an action may be brought against the lender who paid the commission for procuring the broker’s breach of fiduciary duty. There is no fiduciary duty owed by the lender direct to the borrower. And this, Section 56 (1)In this Act “antecedent negotiations ” means any negotiations with the debtor or hirer— (a)conducted by the creditor or owner in relation to the making of any regulated agreement, or (b)conducted by a credit-broker in relation to goods sold or proposed to be sold by the credit-broker to the creditor before forming the subject-matter of a debtor-creditor-supplier agreement within section 12(a), or ©conducted by the supplier in relation to a transaction financed or proposed to be financed by a debtor-creditor-supplier agreement within section 12(b) or ©, and “negotiator ” means the person by whom negotiations are so conducted with the debtor or hirer. (2)Negotiations with the debtor in a case falling within subsection (1)(b) or © shall be deemed to be conducted by the negotiator in the capacity of agent of the creditor as well as in his actual capacity. (3)An agreement is void if, and to the extent that, it purports in relation to an actual or prospective regulated agreement— (a)to provide that a person acting as, or on behalf of, a negotiator is to be treated as the agent of the debtor or hirer, or (b)to relieve a person from liability for acts or omissions of any person acting as, or on behalf of, a negotiator. (4)For the purposes of this Act, antecedent negotiations shall be taken to begin when the negotiator and the debtor or hirer first enter into communication (including communication by advertisement), and to include any representations made by the negotiator to the debtor or hirer and any other dealings between them.
  2. Cheers DX ,ill keep the forum informed on what happens ,and i will defo be going for ppi and charges
  3. So do you think this agreement is flawed as style finance brokered this agreement in my home ,as welcome finance the lender , when style finance were not autorised to sell the ppi on the agreement on welcomes behalf ????? .After all the money value for the ppi was added to the loan amount , with welcome being the lender. And just a thought ,with lolife buying the debt ,for a pitence ,are they now legally responsible for it ,as they also bought the terms and conditions attached to it.
  4. No this was a home improvement loan , I have Statements and yes they are littered with charges , I wouldn't of Thought the ppi reclaim would cover the amount that lowlife are after, At least I can put the agreement in to dispute now .Looking at my statements It seems welscum were taking around 85 percent intrest out of every Payment I made , discusting
  5. Today i was looking at reclaiming my ppi on a Welcome Finance loan i had in nov 2005 and found out that the FSFC or Welcome should have sent me a reclaim form. I then contacted welcome to find out where my form was to be told that they did not do the ppi but a company called style finance did , and that they no longer existed. I phoned the FSFC on this matter and after some time was told that style finance was really HPAS Ltd and had no authority to sell ppi as of june 2005. I was told by FSFC to phone them back and ask why they had dealt with a company that had no authority to sell ppi ,which i did , to be told by welcome that they had never come accross this situation before ,and was put on hold while he consulted other people. He came back and had no answers as to why welcome had dealt with a company that had no authority to sell ppi. I then phoned FOS and explained my situation ,they also ran checks and found that HPAS Ltd had no authority to sell my the ppi. I have had to send my credit agreement to FOS so they can have a look at it. My question is , Lowells are threatining all sorts as they have taken over the debt , could my credit agreement be worth nothing as welcome dealt with a company that had no rights to sell ppi.:???:
  6. I have just been looking through my agreement for a welcome loan back in november 2005.The loan is still running but i have just noticed that the agreement is not signed by the representative.I was just wondering if this is correct.
  7. Hello,I took out a loan with ppi in April 2006 over a 4 year term.I Repaid the loan early in January 2008.The ppi is now no longer needed but i paid the premium for 4 years cover.The ppi was added to the loan.Can i claim back the unused ppi payment and if so how would i go about it Thanks.
  8. Sorrry im new to this. Does the six year rule apply to a finance company and have they still unlawfully charged me 35 pound a time for late payment.
  9. I took out a car loan with Advantage Finance some time ago.In the time i had the loan i got into some difficulty with the payments and was then charged late payment fees. Has anyone tried to reclaim these charges and if so how did it go. Another thought i have just had is that a repaid the loan around two years after i had taken it out.The term for the loan was four years. I had payment protection with the loan which was also added to the loan over four years.Have i a case to request any ppi back from the company as well. They did give me a settlement figure when i paid in full but would this include the ppi. Any advice would be really appreciated.
  10. I have just found a hire purchase agreement that i had for a car loan from Advantage finance.I paid the loan off early but have just noticed that at the bottom of the forms which are my copies,i have signed in the box,but where it says Signed on behalf of Advantage finance the agent did not sign. Is this important or does it not really matter.Thanks
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