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Hello everybody I have a PPI contract potential forgery I need help with.

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  • #46
    Ok thanks.

    It's a pretty lousy decision. They haven't applied the distance selling regulations correctly (in my view) or to the same standard that they did with the other decision I sent you about Ingenious Legal.

    Also they don't seem to have considered, seen or even asked to see the 'free PPI check' form. This is crucial as it goes to the heart of your complaint that you only consented to the free PPI check and not to entering into a binding agreement. Again, in the Ingenious Legal decision they included screenshots of the online form that the Ombudsman concluded was ''misleading'', ''ambiguous'', ''unclear'' and ''unsatisfactory'' and upheld the complaint mainly on that basis.

    And here's where it gets interesting! In your evidence bundle there's a flyer from Fountain Finances that says it was their website that you used and through which your info was obtained and sent to HD Law. Fountain Finances are the same lead generator in the Ingenious case.

    I've asked the complainant in the Ingenious complaint for their consent for me to send you the evidence bundle to see if you recognise it.

    There are several options you have if you're up for it:

    1) Appeal the Ombudsman decision.

    2) If the appeal fails you can reject it meaning that you can still take HD Law to court on the grounds that they didn't comply with distance selling regs, the signature isn't yours and the sign up process was misleading.

    3) Complain to Fountain Finances about the misleading sign-up process and then go to the Financial Ombudsman.

    But before you do anything you need to ask Lisa Turton for the screenshots of the 'no obligation PPI check' online form that she refers to in her decision ASAP.

    I'd send her something like this:

    Dear Lisa

    Thank you for your case decision and evidence bundle.

    In order for me to make an informed decision on whether to accept the decision, I would be grateful if you would provide me with the online form and/or screen shots of the sign-up process referred to in the opening sentence of the case decision introduction and at paragraph 1.1 of the conclusion. It appears that it was not included in the evidence bundle and is clearly fundamental to both grounds of my complaint.

    I would kindly ask that you provide this at your earliest opportunity.

    Yours

    ..............


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    • #47
      Thanks for that and apologise for the delay in getting back late, a health issue cropped up with my daughter. Any luck with the sign up document and could I both appeal the decision and complain to Fountain Finances?

      Comment


      • #48
        Yes I'll send you the sign up document but you need to ask the Ombudsman for it too as per my draft ASAP as it would be important to include in the appeal.

        Yes absolutely you can appeal the Legal Ombudsman decision and complaint to Fountain, but we need the sign up screenshots first to substantiate the complaint.

        Comment


        • #49
          I get the distinct impression, having not received a reply, that I'm now being sand bagged. It maybe time to move to appealing against the decision using the absence of the sign up document amongst others. I need to escalate to appeal before the 19th and I very much doubt that the sign up document will appear before then!

          Comment


          • #50
            Ok. If you draft one I'm happy to take a look and offer any suggestions.

            Comment


            • #51
              So after waiting two months I've had a response from the Ombudsman for more information, but to be honest I'm a little suspicious of the motives (probably just my bad mindedness.) Can I forward the email to you for your consideration please?

              Comment


              • #52
                Yes of course.

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