Help Please PPI Issue First Plus/Norton Finance

[KarenDerby]

We have sent the letter you kindly drafted for us a couple of weeks ago, will let you know of any further developments. Your help really is invaluable - thanks.

Karen

[Paintball]

Ooops, sorry ... wasn't 'listening' lol

 

 

 

[Bog]

Hi Karen

 

I think that Norton took a very easy option in supplying documentation that contained essential information in tiny print. Norton still had an obligation to discuss the exact meaning and relevence of the clauses and his pre-existing condition. They have, as have many others including A & L who have just been fined £7M for poor practice in PPI selling, provided an extremely poor service to your husband.

 

A Letter Before (court) Action summarising this, with the exact reasons for mis-selling and how they have breached regulations, together with mention of the A & L fine and the FSA and report findings, should in my opinion, do the trick ...

 

If you would like a hand, please just shout

 

I don't mean to be negative, but I think Norton are too arrogant to ever consider they have done anything wrong. I have written 3 (good IMO) letters to them and they still reject the claim.

 

I'm now just preparing my POC, because I think court action is the only way they may pay up.

 

Watching your thread with interest Karen - Good Luck

 

When I have done my POC, I will post it here...

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/153586-first-plus-ppi-round.html

[KarenDerby]

Well Paintballs letter got a response from Norton. After orginally requesting a S.A.R from them, they said they had nothing on file and all documentation had been sent to Firstplus, we sent the 7 day letter to which they have responded and also sent a CD-R with the recording of the telephone call. I havent had chance to listen to it but the basis of the letter is that the telephone operator asked my OH if he had any pre-existing medical conditions which may affect future claims and he answered no. Now quite why he answered no I am not sure, we werent together when he took this loan out but he did have pre-exisiting medical conditions as he had major spinal surgery in 1998 and was under the doctor for counselling for 2 years when his ex-wife left him. They also state that the ppi was optional, and that they can only offer the one product that Firstplus have available.

 

My OH was under the impression that he was covered for his back problems, that his PPI covered him for the term of the loan, and it was a no-loss situation because he would get 50% of the premium back if he didnt claim in 5 years. Was he just being naive or do we have a case to claim against Norton. I cant believe that financial institutions can 'rip off' people like this. It makes my blood boil. Any advice would be greatly appreciated - I am happy to take Norton to court, but only want to do so if we have a good chance of winning.

 

Look forward to any advice that people are willing to give me

Karen

[Paintball]

Hi Karen

 

In my opinion, you should definitely still pursue this ... your OH was still ill-advised as he had a right to receive all the facts relating to the PPI, ie, how long he could it expect the cover to last, exclusion clauses, alternative options available to him and comparative prices to the product being offered to him. He could and should have received a Demands and Needs Statement which would have enabled him to make an informed decision as to whether the PPI suited his circumstances ... as I see it, none of these things happened ...

 

... so get your claim for mis-selling in. FOS or courts, you decide!!

[KarenDerby]

Hi Paintball

 

Thanks once again for the quick response. Its good to know that you think we have a case. I have already made the decision - its court!!!! One of the reasons for this is that Norton keep stating that we have a right to go to the FOS, obviously they want us to pursue this line instead of court.

 

Do I just go ahead with court proceedings now? They have had their chance and not backed down?

 

Any pointers on what to put in the case would be most helpful - you are so much better at writing these things than me!!!

 

Thanks again,

Karen

[Paintball]

Hey Karen

 

I'll catch you later ...

[KarenDerby]

Bump!!!

 

Can anyone help please with my next step..... court preferably or FOS, but any advice would be appreciated.... any templates for Court or FOS please!!!

 

Thanks

Karen

[alanalana]

Hello Karenderby,

 

Bump!!!

 

Can anyone help please with my next step..... court preferably or FOS, but any advice would be appreciated.... any templates for Court or FOS please!!!

 

Thanks

Karen

 

My prefered option was FOS various reasons for my choice if the FOS do not uphold your complaint you can still go down the Court route but not vice versa ie if you go to Court and lose then the FOS will not take your complaint.

 

The FOS option first gives you two bites at the cherry but each individual must make up their own minds on how best to proceed and what is better for them. I found the FOS pretty straightforward a quick call to log a complaint. They send you the forms to fill in you complete and send back with any correspondence refering to your request for PPI.

 

I cannot advise on the Court procedures as I have never been down that route. Others I know prefer the Court option it is really a matter of what you feel happy with.

 

This link to the FOS will help if you choose that option.....

Financial Ombudsman Service

 

all the contact numbers are available with addresses etc.

 

Hope this helps;)

 

aa

[Paintball]

Another update!!!

 

The letter that Paintball kindly drafted has now been sent to Norton. Firstplus have replied with computer printouts of the loan agreements, as well as sending us someone else's as well!!!

OK, if you went down the Court route they would be in a very precararious position IMO from the outset with this little error ... did you report this to the Information Commissioner's Office? If not, then I think you should as it adds to your evidence that they are a shoddy lot.

On some of the paperwork that came from Norton in the letter when they said they hadnt mis-sold ppi, they sent a copy of the loan agreement and highlighted a section on there which states that pre-exisiting medical conditions are not covered - its in very small print and hardly legible. They also sent a copy of a sheet relating to Optional Payment Protection Insurance which again was signed by my OH. The sheet mentions that they have not commented on the suitability of insurance to OH situation, not made a personal recommendation and also states that if OH was sick his loan would be paid (no mention on here of pre-existing conditions) - only at the end when it says 'please read policy summary for full details of any exclusions'.

It doesn't seem that they offered your OH on a 'Advised Sale' particularly sound advice ... if he had been made aware of all the info that you know now, and had also been aware that he could purchase alternative cover elsewhere, and that he would be paying such a HUMONGOUS amount of interest and premiums on top of the loan, would he really have chosen to purchase the PPI? Especially since he was given an insurance product that he could never have benefitted from ... I think not This is what the FSA and Competition Commission as so bothered about - customers are vicitms of poor sales practices and sold products without be made aware of the true total cost to them, and means you and me both Karen!!!

OH was not aware that he would not be covered for primarily his back, he suffered a major spinal injury 10 years ago, and he was not aware that the cover only ran for 5 years. Even though he signed this document do you think we still have a case. The box for PPI on the original loan sheet was ticked before it was sent to him.

Therefore, he was sold a a product (with inadequate advice) that would be absolutely useless to him ... and he paid through the nose for it!! They took advantage of his lack of knowledge.

I would like to take these people to court, but would only do so if we stand a good chance of winning. The cost of 5 years PPI on the loan with interest equates to 50% of the original loan amount - its outrageous.

Do the above arguments - which indicate serious breaches of FSA regulations - convince you that you have a case to go to court with? I will be taking Magic Loans to court shortly, so we can help each other with our N1s and POCs :D

Help Please!!!!

 

Thanks Karen

Hope this helps ...

 

x

[Bog]

If Karen does go down the court route (as I plan to do with Norton), I suppose she will have the same question as me.....

 

Norton mis-sold the policy, but only benifited by way of a commision for the sale. First Plus have gained the most by applying interest on the premium.

 

How does the court claim work? Do you sue Norton for damages (the full amount inc. interest), even though they don't have this money? If so that means First Plus still benefit and get away scott free.

 

Can someone clarify this?