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reclaiming ppi when the broker is no longer trading

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  • reclaiming ppi when the broker is no longer trading

    Hi
    I took out a loan through the brokers"Loanmakers" in 2003 before they regulated.They got me a loan with G.E.Money and the PPI was provided by Cardif Pinnacle.
    When i tried to reclaim the PPI back i found out that Loanmakers had gone bust so i tried to claim the PPI back from G.E.Money, they refused stating that Loanmakers were responsible, but as they were longer trading i could not claim from them.
    I contacted the FOS and they said because Loanmakers were not regulated they could not look at the case,however they did suggest that i could take the Insurance provider, Cardif Pinnacle to court if i wanted to.
    I have now started proceeding against Cardif Pinnacle.
    What i want to know is has anybody else gone this route to reclaim PPI back also are there any legal arguments that i might find usefull.I have seen something on one of the forums where it states even though the insurance company did not have anything to do with the actual selling of its policies it should still act responsibly and make sure that agents selling on their behalf sell their products properly.
    With the BBA court case result i wondered if this makes any difference to the argument about not being responsible because they did not actually sell the policy to me personally.
    Mine is the usual story of mis-selling
    Policy added to loan at the start.
    Policy not covering the full term of the loan.
    Single name policy when the loan was in joint names
    I was not asked about what arrangements my employer has for being on the sick.I work for Royal Mail so i get 6 months full pay.
    I was not asked if i had any pre-existing medical conditions.
    Any advice would be greatly appreciated.
    Regards Mark
    Tags: None

  • #2
    Re: reclaiming ppi when the broker is no longer trading

    Hi and welcome to LB

    Yes, I am going through this myself due to the same reason, different broker and underwriter/insurer though, and you will also find some others in the same position as well.

    I will state though, as its another avenue the FOS are taking, the underwriters/insurers will also be at least liable somewhere, and they would also have been regulated unlike a broker prior to 2005.

    I would sit tight on this now though, because it may just take some time once in with the FOS if all fails with the underwriter, but I did read on another site that someone else had gone this direction through the FOS and they were successful.

    Please keep us posted, and you should hear from the FOS with updates approx every 2 months.

    Good luck.

    Comment


    • #3
      Re: reclaiming ppi when the broker is no longer trading

      Another going through a similar scenario with a different broker/lender but the insurance underwriter is the same - Cardif Pinnacle.

      No movement on my particular case 9 months on, but hopeful of a favourable resolution.

      Comment


      • #4
        Re: reclaiming ppi when the broker is no longer trading

        Argue that the lender is vicariously liable for the conduct of their agent - vicarious liability is a well-established legal concept

        Comment


        • #5
          Re: reclaiming ppi when the broker is no longer trading

          any update on this thread ? me being just a little thick am not sure what "I have now started proceeding against Cardif Pinnacle" means

          (a) did you file at court or (b) in the end complain to the FOS ?
          Last edited by mercury-the-messenger; 14th June 2012, 00:30:AM.

          Comment


          • #6
            Re: reclaiming ppi when the broker is no longer trading

            Think that with only 1 post....nearly a year ago---Bluefox has left us

            Comment


            • #7
              Re: reclaiming ppi when the broker is no longer trading

              And what if, in our case TML were part of the same group? (did not find this out until last year)
              Never give up, Never surrender.

              Comment

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