Am i being dim?

[Fred]

Re: Am i being dim?

We need to see the letter from Barclays I think, we will then have to compile something for the FOS to digest. There is success pre-2003 but not seen anything around those dates for Cassidy Davies, Di might know more. Cassidy Davis continues under a different name now.

[Kati]

Re: Am i being dim?

[MENTION=42565]Fred[/MENTION] xx

[Harley]

Re: Am i being dim?

Hi all, so sorry to keep banging on about this one and I can't say enough how much I appreciate the support from you all but trawling through I found a case linked below that is pre 2005 and through broker whose ceased trading etc that was a success! Would be grateful if someone could look at this and perhaps correct me if I'm wrong or if it could Offer me hope? I will try anything but will await guidance from you all before I start anything as I think Fred is looking at going through the insurer route.

http://www.legalbeagles.org/forums/s...-pre-2005-loan

Sue x

[Fred]

Re: Am i being dim?

We need to go to the FOS, they will know who the underwriter is/was. We also need to decide what your reasons for complaint are;

http://www.financial-ombudsman.org.u...complaints.htm

[Fred]

Re: Am i being dim?

You need to see the FOS procedure which is found through the above link & decide what is relevant to your complaint; amersall in the above post has given you an idea of stone wall challenges. You do not have to be a literary expert, the FOS will extract what they need from you application.

Another point over financial hardship at the time, if indeed true, adds weight to your complaint.

There will most probably have been a commission payment, it was at the time, known, that these payments were disproportionate in value to the premium/s charged. there could be mileage in this too.

[Fred]

Re: Am i being dim?

One thing, in the contract, there are two signatures, the FOS may need permission from both parties to continue the claim especially if there is any chance of redress.

[amersall]

Re: Am i being dim?

Yes David, they will need both signatures, split any redress 50/50 if couple are separated.

[Harley]

Re: Am i being dim?

Hi, it's not a problem with getting my ex to sign as well. We are on ok terms and I had contacted him already but I only did the complaint in my name as I thought we would need to do it that way due to us being divorced.
To clarify, my reasons for complaining about mis selling are actually for the reasons Amersall gave above. She couldn't have put it better. And Fred's comment about the commission is also relevant hopefully.

But I'm confused with regards to going to FOS at this stage, Amersall mentioned going to insurer/underwriter first but Fred says to go to FOS. So am I approaching FOS to complain that /FIrstplus Barclays have rejected me? Do I mention the Underwriters?
Sorry if I'm not being very bright here, I just want to try and get it right.

with regards to financial hardship, at that time we had young children and had run up depts etc on loans and credit cards. It all seemed a solution but of course it wasn't. The loan repayments were a lot etc and we decided to move and pay it off but in the end we couldn't afford to as the resettlement was £31,316.55 to be exact.
So we moved the loan ( hence the 2nd credit agreement). It's fair to say that financial issues contributed to the breakdown of the marriage as the repayment issues just moved with us. When we finally divorced in November 2003 and paid it off, the final payment to FIrstplus was £31,603.81. !! If you count the actual total repayments we made of approximately 48 months of £321.65 it's a further £15,000. So a total of over £47,000 in all.
its a double whammy even now when I think how much FIrstplus got back from us. Even if they say they didn't sell the ppi, it seems they did very well out of it. I still don't understand how as we did another credit agreement in 2003 directly with FIrstplus, they wouldn't have any responsibility? But in fairness I didn't point out the further credit agreement in my complaint and wondering if it was even taken into account?

[Fred]

Re: Am i being dim?

Put it this way, Barclays have been less than helpful in responding to you're complaint so, it would be appropriate to send this final response to the FOS soonest in support of the complaint. Your ex should be added to the complaint & sign where necessary. Barclays will have been aware of all the facts & for this reason it is not necessary to include the kitchen sink in your complaint. The FOS will know or be able to trace the underwriter through Barclays. By all means mention Cassidy Davis, especially if you have a policy number.

I would compile your complaint in accordance with the application form, post the questions on here if you like but, it is you who must decide what you believe to be wrong/miss-sold &/or unfair. The commission/s are well worth suggesting as would be your financial situation at the time (in terms of hardship) You only need to be brief, one liners detailing each part of your complaint will be sufficient. Use what is relevant above from amersall, its all good stuff.

The FOS will speak with you following the application & at that stage you may want to elaborate on your concerns, name yourself as the main contact for both parties with consent of course.

[Fred]

Re: Am i being dim?

Another point, the FOS may wish for the "commission" to be treated separately or in other words ask you file a new complaint, this may arise if Barclays complain they have not been asked or had time to consider. Either way the FOS will tell you what they need in order to consider......sooner you get it in the sooner you get a response. We can deal with other bits when the ball starts rolling.

[Fred]

Re: Am i being dim?

Hi, it's not a problem with getting my ex to sign as well. We are on ok terms and I had contacted him already but I only did the complaint in my name as I thought we would need to do it that way due to us being divorced.
To clarify, my reasons for complaining about mis selling are actually for the reasons Amersall gave above. She couldn't have put it better. And Fred's comment about the commission is also relevant hopefully.

But I'm confused with regards to going to FOS at this stage, Amersall mentioned going to insurer/underwriter first but Fred says to go to FOS. So am I approaching FOS to complain that /FIrstplus Barclays have rejected me? Do I mention the Underwriters?
Sorry if I'm not being very bright here, I just want to try and get it right.

with regards to financial hardship, at that time we had young children and had run up depts etc on loans and credit cards. It all seemed a solution but of course it wasn't. The loan repayments were a lot etc and we decided to move and pay it off but in the end we couldn't afford to as the resettlement was £31,316.55 to be exact.
So we moved the loan ( hence the 2nd credit agreement). It's fair to say that financial issues contributed to the breakdown of the marriage as the repayment issues just moved with us. When we finally divorced in November 2003 and paid it off, the final payment to FIrstplus was £31,603.81. !! If you count the actual total repayments we made of approximately 48 months of £321.65 it's a further £15,000. So a total of over £47,000 in all.
its a double whammy even now when I think how much FIrstplus got back from us. Even if they say they didn't sell the ppi, it seems they did very well out of it. I still don't understand how as we did another credit agreement in 2003 directly with FIrstplus, they wouldn't have any responsibility? But in fairness I didn't point out the further credit agreement in my complaint and wondering if it was even taken into account?

I think amersall means the two separate loans, first one to the underwriter & the second to Barclays but, continue with application anyhow, lets see what they say.

[Harley]

Re: Am i being dim?

Thanks again to all for all your help. Yes I will get started

[Fred]

Re: Am i being dim?

Thanks again to all for all your help. Yes I will get started

Be mindful, once your application has gone in, it, can be open to further relevant suggestion or evidence should we find anything, meantime, let us know how you are doing please. Better to try than not.