Re: Sales of Goods letter to BrightHouse and OSC, DLC - Late Payment Charge Reclaimin
It sure looks like they are trying to hide something, doesn't it, Floyd ? I reckon you'll have to threaten them with a non-compliance complaint to the ICO. It may also be worth going through whatever data they FINALLY come up with to see if they have been a bit....erm....creative with it !!! That wouldn't surprise me.
If you treat it as a case of mis-sold insurance in connection with a credit agreement, then it is essentially a PPI claim, and the FSA PPI redress rules will apply. So, we follow the FOS PPI claim procedure. This involves making the claim initially to BrightHouse as a claim for repayment of premiums paid and other losses as a result of mis-sold insurance in connection with a loan. Here is Paule's excellent guide:
PPI Notes - PLEASE READ FIRST - Legal Beagles Consumer Forum
Ame's post here contains the FOS links:
PPI claims through the FOS - Legal Beagles Consumer Forum
I always suggest that in your preliminary claim letter, do NOT be specific about any reasons for mis-selling, or amounts being claimed. See what their response is, and focus on that. Check Paule's list of reasons for mis-selling, and 'tick' as many reasons as you think apply to your claim - but keep this for your own reference, and do NOT send it to the lender or the FOS.
You may also be asked to fill in and return a FOS 'Consumer Questionnaire.' This is produced by the FOS, and is available in one of Ame's links in her post. Be careful about your answers to this, and don't give them any ammunition. But be honest, but don't say more than is necessary. Keep a copy of this, as you may need to send the FOS this later. Eventually, if they do not settle the complaint, they should issue a 'Final Response' letter. This is when you can then refer the claim to the FOS.
It's a slow process, but a lot safer than going to Court, and - as you say - it clearly shows you have observed pre-action protocol entirely.
It sure looks like they are trying to hide something, doesn't it, Floyd ? I reckon you'll have to threaten them with a non-compliance complaint to the ICO. It may also be worth going through whatever data they FINALLY come up with to see if they have been a bit....erm....creative with it !!! That wouldn't surprise me.
If you treat it as a case of mis-sold insurance in connection with a credit agreement, then it is essentially a PPI claim, and the FSA PPI redress rules will apply. So, we follow the FOS PPI claim procedure. This involves making the claim initially to BrightHouse as a claim for repayment of premiums paid and other losses as a result of mis-sold insurance in connection with a loan. Here is Paule's excellent guide:
PPI Notes - PLEASE READ FIRST - Legal Beagles Consumer Forum
Ame's post here contains the FOS links:
PPI claims through the FOS - Legal Beagles Consumer Forum
I always suggest that in your preliminary claim letter, do NOT be specific about any reasons for mis-selling, or amounts being claimed. See what their response is, and focus on that. Check Paule's list of reasons for mis-selling, and 'tick' as many reasons as you think apply to your claim - but keep this for your own reference, and do NOT send it to the lender or the FOS.
You may also be asked to fill in and return a FOS 'Consumer Questionnaire.' This is produced by the FOS, and is available in one of Ame's links in her post. Be careful about your answers to this, and don't give them any ammunition. But be honest, but don't say more than is necessary. Keep a copy of this, as you may need to send the FOS this later. Eventually, if they do not settle the complaint, they should issue a 'Final Response' letter. This is when you can then refer the claim to the FOS.
It's a slow process, but a lot safer than going to Court, and - as you say - it clearly shows you have observed pre-action protocol entirely.
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