PPI and Court

[Bill-K]

Re: PPI and Court

Looks good, PF. Shall we get the fat lady down to the make-up dept ready for her appearance ?

[pompeyfaith]

Re: PPI and Court

Just had a return call, and it turns out the guy dealing with it no longer works in complaints dept and although he did receive the banks acceptance form he was waiting on confirmation from the FOS and a copy of there acceptance form.

The complaints dept I'm told did get these but again a break down in communication i,e the complaints dept not telling him had lead to the delay.

However he thanked me for the call and will now progress the finalization this afternoon and the current loan will be paid and closed and a cheque forwarded to me for the remainder which I will receive tomorrow or Wednesday via special delivery.

So there you have it no hold up on mine

[pompeyfaith]

Re: PPI and Court

Well just phoned my bank for an update on the finalization of my claim but the guy dealing with it is out to lunch.

I refused to speak to anyone else as I firmly believe a complaint of this nature should be dealt with by one person only as this was partly why my complaint took 2.5 yrs to get this far

The right arm not knowing what the left is doing, anyway just waiting for a ring back but being as all are in agreement and both the bank and the FOS acceptance forms have been signed and delivered I hope that there will not be any further delay JR or otherwise.

[pompeyfaith]

Re: PPI and Court

Right,

Aggressive commercial practices

7.—(1) A commercial practice is aggressive if, in its factual context, taking account of all of its features and circumstances—

(a)it significantly impairs or is likely significantly to impair the average consumer’s freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence; and

(b)it thereby causes or is likely to cause him to take a transactional decision he would not have taken otherwise.

(2) In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of—

(a)its timing, location, nature or persistence;

(b)the use of threatening or abusive language or behaviour;

(c)the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgment, of which the trader is aware, to influence the consumer’s decision with regard to the product;

(d)any onerous or disproportionate non-contractual barrier imposed by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader; and

(e)any threat to take any action which cannot legally be taken.

(3) In this regulation—

(a)“coercion” includes the use of physical force; and

(b)“undue influence” means exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer’s ability to make an informed decision.

Prohibition of the promotion of unfair commercial practices

4. The promotion of any unfair commercial practice by a code owner in a code of conduct is prohibited.

Am I right in my thinking that whilst my complaint was with the FOS it was firmly in dispute and no action including court action could be taken.

And if so they had no right under The Consumer Protection from Unfair Trading Regulations 2008 to be harassing me and putting me under undue pressure.

Have found the above extract thus far.

[pompeyfaith]

Re: PPI and Court

Right, onto stage 2 or is 3 lol anyway possible action against the DCA's looking up on the various guidelines at the oft and the csa also the CPUTR2008.

Anywhere else I should be looking ?

[pompeyfaith]

Re: PPI and Court

rohan

Thank you yes it is quite a weight of my mind now that the loan is now paid off in full and the current account is cleared less the charges

Now it is time to do battle with all the dca's that have harrassed me over the past 2.5 yrs

Regards

[Rohan]

Re: PPI and Court

Just noticed this PF, congratulations well done !!!

[di30]

Re: PPI and Court

A BIG WELL DONE & Many Congratulations PF, soooooooooooo happy for you!

:cancan::cancan::cancan:

[marshallka]

Re: PPI and Court

Marshy Sweetness---where you been---Merry Christmas gal!!!:cancan:

Merrrrrrrryyyyy Christmas to you too Turboman.:26::3560_7606:

[Turboman]

Re: PPI and Court

Phew..... well done Pompeyfaith. All done and dusted at last.:santa_smiley:

Marshy Sweetness---where you been---Merry Christmas gal!!!:cancan:

[pompeyfaith]

Re: PPI and Court

Well I hope so, just have to await the FOS letter and see its contents, but the bank and myself are now in agreement as to there offer and my counter offer.

[marshallka]

Re: PPI and Court

Phew..... well done Pompeyfaith. All done and dusted at last.:santa_smiley:

[Turboman]

Re: PPI and Court

That's great news PF. So glad it's all over for you at last - and just in time for a 'Proper Crimbo' !!!!
:cancan::cancan::cancan::cancan:

I'm also glad its over Bill---lol

[Bill-K]

Re: PPI and Court

That's great news PF. So glad it's all over for you at last - and just in time for a 'Proper Crimbo' !!!!
:cancan::cancan::cancan::cancan:

[nelliewops]

Re: PPI and Court

Hi PF,

Have only just seen this update as we were away yesterday visiting our families in your neck of the woods...........I'm so pleased for you and Mrs PF that this good news has come just in time for you and your family to have a Very Merry Christmas in celebration of finally getting shot of the Co-op bank! :27: Nellie xxx