jster v welcome ppi

[flowerofsarum]

does anyone think it is worth going to the financial ombudsman?????

Hullo jster, see my thread Flower vs Co-op PPI via FOS. I do recommend them, and with the courts being so full, you would probably wait just as long to get a hearing.

 

Also, the financial institutions tend to go a bit weak-kneed when threatened with the FO.

 

That's only my opinion, and you may want to proceed via MCOL, but I would say the FO is less painful!

 

Good luck, whatever you decide

[itsmeandonlyme]

I think I maybe a bit dumb!!!!!

 

Enclosed with letter from welcome there was a page with their complaints handling procedure. At the bottom it says "welcome is a member or the finance and lending association and subscribes to the FLA consumer code or practice"

 

Well i have searched on the FLA website and cannot find welcome as one of their members!!!!!

 

Is this a bit naughty on Welcomes part??

 

 

J, i have complaint to FLA and received £44.24 back )))

 

have a go...i can give you an email address if you need.

 

 

xx

[jster$$$]

sorry to be dumb....again itsme;) but £44.24 surely that wasn't the full amount????

 

i'm going to re read your thread again never heard of the FLA before this site also FSA, CCA, ABC, ZYX!!!!!

[itsmeandonlyme]

))))))))

No, it wasn't even 3d..4th..9th of the claim:)))))))

 

useless..but have a go...look, Flower got it back...i just think that Welcome will go all the way( sometimes they don't)...

[jster$$$]

I'm guessing you can complain to FSA and FLA and FOS at the same time and there will be no conflict between them all.

 

Also if i was to complain to FOS can i still start court proceedings?

 

dumb, dumb ,dumb:D

[jster$$$]

nevermind i have found what i was looking for on your thread itsme:) ....still reading

 

J:)

[jster$$$]

update

 

I have emailed a complaint to FLA......not holding my breath

[itsmeandonlyme]

Doing everything you can will make you stronger!!!!)

 

 

x

[jster$$$]

hi all....update

 

I received a response from my prelim today. this is what it says

 

 

Final Response to your complaint

Thank you for bringing to our attention your queries regarding insurances.

 

I have now reviewed all outstanding issues and thank you for remaining patient while this matter was umder investigation.

 

After looking into your complaint i have found that your contract was signed in march 2002, a copy of which is enclosed. your insurance premiums totalled £1169. as the contract and insurances expired on February 2006 any right to a pro rata rebate that you may have had also expired. I advise however that without prejudice we have agreed to accept reduce payments of £70 per month against you contractual payment of £198.93 and further agree to reduce you balance by a total of £1500, £331 greater than the original premium. No further rebate will be offered.

 

yours

 

 

 

a couple of things

 

she has not said anything about misselling!!!

 

she said my insurance premiums totalled £1169 when infact they total £3795.84 (including interest)

 

There was no mention of default removal.

 

she makes it sound like she refunding me more than the insurance cost but has conveintly forgotten the interest.

 

 

how should i proceed?

 

many thanks

 

J:)

[jster$$$]

here is a copy of my LBA i will be sending over the weekend. please advise if it is appropriate. I would like to include any OFT, FSA references if there is anyone out there that could help me with that:D I would really apprieciate it.

 

Letter Before Action

Customer Number: xxxxxxx

Agreement reference: xxxxxxx

 

Thank you for your letter dated 13th July 2007.

I’m concerned that you never addressed my complaint fully. My complaint is regarding the mis-selling of insurances and removal of default notice. As I stated in my previous letter I was put into a situation where I was told I had to have the insurance or I would not be able to have the car. This is typical mis-selling and should not have been done. (Payment Protection Insurance cannot be made a condition of obtaining a loan.) I would not have entered into the insurance agreement if it was explained to me properly and in a manner which is required by law.

 

I now realize following the recent OFT and FSA investigations, that you mis-sold me this insurance policy, which I did not want and did not need. I believe I signed for the insurance under economic duress and that your actions were unconscionable.

 

Your responsibilities

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my loan account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

No attempt was made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed if I really needed it at all. No inquiry was made as to whether I had pre-existing insurance for accident, illness or unemployment. I was not given a copy of the insurance policy nor were any rights to cancel explained. I believe you manifestly failed in your fiduciary responsibilities, your duty of care.

 

 

 

My requests

I request that the insurance initially agreed to now be removed in its entirety. I have enclosed two schedules, Analysis of claim (A) and Analysis of interest overpaid (B). These schedule were included in my previous letter dated 6th July 2007

Schedule A shows the removal of the insurance and its interest and the subsequent re-allocation of the payments I have made. You will note from this that the loan is now effectively cleared on 5 November 2004, including the payment of the option to purchase fee of £150.00.

I request that all excessive payments that I have made totaling £1,851.89 be returned to me and my account cleared to nil and closed.

Schedule B shows a recalculation of the interest added to the loan of £3,060.00 due to effective early repayment of the loan. I request that you refund me £369.85 of overpaid interest.

On 10 May 2005 you issued a default notice against me affecting my credit rating history. Due to the effective closure of the loan now being 5 November 2004, I request that you remove this default in its entirety and not just mark it as satisfied.

In summary I request the following:

• Close my loan account with a nil balance,
  
• Repay to me a total of £2,221.74,
  
• Remove the default from my credit history.

 

My targets to resolve this matter

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

There will be no further communication from me and I shall issue a claim in the County Court for my above requests, a request for statutory interest at 8%, and a request for my costs.

 

Yours faithfully,

J:)

[itsmeandonlyme]

imprest

[jster$$$]

Hi Ian and all

 

sorry to hear you haven't been feeling to good but glad to have you back

 

yes i did send the above letter but royal mail didn't seem to want them to get it . so i sent it again last week and they received it on thursday i think.

 

now i'm just waiting. i haven't followed up with FLA or FOS. i think i should do that before i file a claim with the courts .

 

J:)