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Agency Relationship PPI Complaints Help

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  • #31
    Re: Agency Relationship PPI Complaints Help

    Hi Bazza,

    from on what I can see, in the evidence that you have attached, you have enough to present a good enough case.

    Here is a suggestion, that you are completely welcome to ignore!!!!!!! When I presented my case to the FOS, I bought one of those ring binders that the youngsters use plus some plastic pocket folders. My mail letter detailed attachments, a , b, c, etc. I put into the prepared case everything I could find in support of my case.

    so it reads very clearly and can be cross referenced.

    take each point of the FOS letter, give your answer and then the evidence to back up what you have said.

    start with Dial4loans, you have proof of the company addresses, you are absolutely right, business would not be accepted from one company to another without an agreement. So, as the lawyers say" take the presumptive close" , "Welcome loans would not have accepted business in the absence of an agency agreement......" Likewise take the same route with the placing of loan business, " as Dial4loans were part of the Welcome/Cattles Companies it is reasonable to suggest that all of their loan business was placed through Welcome, to ensure that all income stayed within the Group", as proven by the payment statement, Appendix B. (Let the other side disprove these statements.

    ) For this Appendix a) attach all the entries that Katie has found for you. Attach the statement of payment that shows what Welcome paid to Dial 4 loans ( Appendix B)

    if you look at the extract from the ppi policy, 1st paragraph, it states that it is between Cattles and Norwich Union and refers to a definition of the"lender", who we know is Welcome. Appendix c is the extract from the ppi policy and Appendix d is the information from the internet on the companies. You have a key Facts Document which I think shows Welcome as the Lender. Again this ties up with the PPI policy document. Etc, etc, this would be Appendix e. Use the same information as many times as you need to, so that you build a comprehensive case.

    With regards to Norwich Union, they have been regulated prior to 2005.

    Make sure you cover every single point that the FOS have raised. Also, I believe you can Make a strong case that it was money for the group in the form of ppi income, loan interest and loan introduction fees, I e a commercial relationship, that drove the whole transaction. Argue that Dial4loans and Welcome were accepting your business for the benefit of their group, which, as they insisted on ppi
    being taken, how could that have been in your best interests?

    Was this loan in joint names or a single name, should any company have been speaking to your OH? I mean no harm in that, I'm just thinking about correct procedures here?

    Bazza, I hope this helps. I believe that you are well capable of a comprehensive reply but in some cases we get so overwhelmed that we don't know where to start. That is what happened me with a Capital One FOS case and everyone at LB helped me!

    I would also also enclose the evidence from other cases. Take out any identification and print out the evidence. If the FOS have found a link in one case, then surely that applies across the board?

    you will be surprised how much of a case you have when you start putting all the evidence in. I read some time ago on another forum, of a gentleman preparing a case for FOS which stretched to 300 pages!!!!!!!! (By coincidence that was for Capital One as well)

    Finally, your case is with an adjudicator, you can insist that it goes before an adjudicator.

    good luck with your letter, hopefully this will help,

    very best regards,

    :beagle: Xxxxxxxxxxx

    Comment


    • #32
      Re: Agency Relationship PPI Complaints Help

      Sorry Bazza,

      I meant you can insist that it goes before an Ombudsman. (stupid or what???????)

      :beagle:

      Comment


      • #33
        Re: Agency Relationship PPI Complaints Help

        Originally posted by L'pool64 View Post
        Hi Bazza,
        from on what I can see, in the evidence that you have attached, you have enough to present a good enough case. Even more so if you include the bits I emailed you too :tinysmile_twink_t2:

        Here is a suggestion, that you are completely welcome to ignore!!!!!!! When I presented my case to the FOS, I bought one of those ring binders that the youngsters use plus some plastic pocket folders. My mail letter detailed attachments, a , b, c, etc. I put into the prepared case everything I could find in support of my case so it reads very clearly and can be cross referenced. Great idea!! You could label each pocket folder and use these for reference in your letter ....

        take each point of the FOS letter, give your answer and then the evidence to back up what you have said.

        start with Dial4loans, you have proof of the company addresses, you are absolutely right, business would not be accepted from one company to another without an agreement. So, as the lawyers say" take the presumptive close" , "Welcome loans would not have accepted business in the absence of an agency agreement......" Likewise take the same route with the placing of loan business, " as Dial4loans were part of the Welcome/Cattles Companies it is reasonable to suggest that all of their loan business was placed through Welcome, to ensure that all income stayed within the Group", as proven by the payment statement, Appendix B. (Let the other side disprove these statements.

        ) For this Appendix a) attach all the entries that Katie has found for you. Attach the statement of payment that shows what Welcome paid to Dial 4 loans ( Appendix B)

        if you look at the extract from the ppi policy, 1st paragraph, it states that it is between Cattles and Norwich Union and refers to a definition of the"lender", who we know is Welcome. Appendix c is the extract from the ppi policy and Appendix d is the information from the internet on the companies. You have a key Facts Document which I think shows Welcome as the Lender. Again this ties up with the PPI policy document. Etc, etc, this would be Appendix e. Use the same information as many times as you need to, so that you build a comprehensive case.

        With regards to Norwich Union, they have been regulated prior to 2005.

        Make sure you cover every single point that the FOS have raised. Also, I believe you can Make a strong case that it was money for the group in the form of ppi income, loan interest and loan introduction fees, I e a commercial relationship, that drove the whole transaction. Argue that Dial4loans and Welcome were accepting your business for the benefit of their group, which, as they insisted on ppi
        being taken, how could that have been in your best interests?

        Was this loan in joint names or a single name, should any company have been speaking to your OH? I mean no harm in that, I'm just thinking about correct procedures here?

        Bazza, I hope this helps. I believe that you are well capable of a comprehensive reply but in some cases we get so overwhelmed that we don't know where to start. That is what happened me with a Capital One FOS case and everyone at LB helped me!

        I would also also enclose the evidence from other cases. Take out any identification and print out the evidence. If the FOS have found a link in one case, then surely that applies across the board? I agree!!
        Good luck from me too Bazza - I know you can do it!!

        Kati xxxxx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #34
          Re: Agency Relationship PPI Complaints Help

          A belated thank-you to you both and you have been most helpful.

          Just give me a bit of time to collate something in order then I will comeback with any further questions and obviously I will keep forum up-dated.

          I am so determined to see this through now and this site is an inspiration

          Comment


          • #35
            Re: Agency Relationship PPI Complaints Help

            Originally posted by Kati View Post
            Good luck from me too Bazza - I know you can do it!!

            Kati xxxxx
            L'pool / Kati,

            Where would I find any FOS case details that I could use ?

            Comment


            • #36
              Re: Agency Relationship PPI Complaints Help

              Originally posted by L'pool64 View Post
              Sorry Bazza,

              I meant you can insist that it goes before an Ombudsman. (stupid or what???????)



              That brings me to another question, if I decide to refer my case to the ombudsman can I still forward any further evidence do you know ?

              :beagle:
              L'pool lol I knew what you meant.

              That brings me to another question, if I decide to refer my case to the ombudsman can I still forward any further evidence do you know ?

              Also regarding the attached in which was forwarded to me by FOS adjudicator in which I questioned by email and received the the following comments :-

              "You mention that the 'Secured loan sheet' is not on any Dial4ALoan headed paper and that it was sent to you as part of your subject access request from Welcome Finance and not from submitted details from Dial4ALoan. Please note that WFS has told us that the DL in the reference (DL 1 ******) abbreviates Dial4ALoan."

              Am I missing something here ? How can they go on a verbal response from WFS when I have continuously asked for evidence, as I had never seen details before ? The only agreement we signed was that from Progresive Financial Services trading as Welcome Finance Services (Registration No:133540) that had added Payment Protection Insurance !

              Also I cannot open the call regarding with my OH as there is a codex error when I try to play it. Again I questioned the FOS adjudicator as to why this evidence was not previously provided and why it was with my OH and not me, as I was the only one covered by the PPI ?

              The reply was as follows :-

              " I can confirm that the call recording was between Mrs ****** (wrong name lol) and Gina at Dial4ALoan. I cannot confirm the exact date or what was discussed, however Welcome Finance might have this information so please contact them directly."

              I know this is quite a complexed case but surely this should have been adjudicated by someone with a bit more experience with these type of complaints rather than jumping on the "relationship" band-wagon !

              Anyway I have requested the recorded telephone call details from Welcome / Dial4ALoan (sent a written request yesterday by recorded delivery) and will be interested what is discussed................probably a "speak with" conversation hopefully.
              Attached Files

              Comment


              • #37
                Re: Agency Relationship PPI Complaints Help

                Hi Bazza,

                You can send all your "stuff" to the adjudicator and still ask that it go to an Ombudsman for a final decision.

                if you put in any combination of "Welcome, Dial4loans, FOS, on the internet, you will get evidence of "people's experiences". You may have to take a bit of time with it and change your search combination but you will turn stuff up. Then " copy and paste the story onto a sheet, print out. Keep the date but remove any other identifying marks.

                when you are fighting a complex case, it is very easy to get side tracked by less important issues. I suspect that this is because everything is so important to us. In fairness to the adjudicator at FOS, your case is only one of hundreds that they are dealing with; they will never have the passion" for justice" that we have; also like every place of work, there will be varying degrees of experience and competence. So the thing is, make sure that you cover all the bases so that the adjudicator has to side with you. Yes, you should have been provided with all the information from Welcome but, you can address that complaint after 15th Sept. (I have just finished "challenging" a company re information, 4 times in the last year I have asked for details. I ended up going via the CEO and got a small amount of compensation)

                On the positive side FOS have been able to turn up information that hopefully you can now use to your advantage!

                Hope that all goes well for you,

                Best regards,

                :beagle:

                Comment


                • #38
                  Re: Agency Relationship PPI Complaints Help

                  Originally posted by L'pool64 View Post
                  Hi Bazza,

                  You can send all your "stuff" to the adjudicator and still ask that it go to an Ombudsman for a final decision.

                  if you put in any combination of "Welcome, Dial4loans, FOS, on the internet, you will get evidence of "people's experiences". You may have to take a bit of time with it and change your search combination but you will turn stuff up. Then " copy and paste the story onto a sheet, print out. Keep the date but remove any other identifying marks.

                  when you are fighting a complex case, it is very easy to get side tracked by less important issues. I suspect that this is because everything is so important to us. In fairness to the adjudicator at FOS, your case is only one of hundreds that they are dealing with; they will never have the passion" for justice" that we have; also like every place of work, there will be varying degrees of experience and competence. So the thing is, make sure that you cover all the bases so that the adjudicator has to side with you. Yes, you should have been provided with all the information from Welcome but, you can address that complaint after 15th Sept. (I have just finished "challenging" a company re information, 4 times in the last year I have asked for details. I ended up going via the CEO and got a small amount of compensation)

                  On the positive side FOS have been able to turn up information that hopefully you can now use to your advantage!

                  Hope that all goes well for you,

                  Best regards,

                  :beagle:
                  Thanks again L'pool for your wise words.

                  I do totally understand the difficult job that FOS have but in this case I just feel slightly frustrated with their reasoning, when I have provided enough information (as I thought) to justify my complaint.

                  I have spent so much time on this one and just feel that when I have requested certain details or a concise response from those responsible, I never get a straight answer or the main issue of miss-selling seems to be ignored.

                  Anyway I have had my deadline extended to the 30th September, so hopefully this will give me more time to hopefully obtain more detailed information to present and respond to certain issues raised.

                  Cheers

                  Bazza

                  Comment


                  • #39
                    Re: Agency Relationship PPI Complaints Help

                    and sorry L'pool forgot to ask if the case is referred to the Ombudsman and there is further evidence to present, can I still forward it to him or her ?

                    Cheers again

                    Comment


                    • #40
                      Re: Agency Relationship PPI Complaints Help

                      Just an up-date regarding my last correspondence letter received from the adjudicator in which I partly replied, I today received the attached e-mail response from FOS.

                      I had previously requested that the deadline to be extended until 30th September 2014, in order to respond to their last letter with any further evidence etc in which they agreed to and I also advised that I would be contacting Welcome / Dial4ALoan for further details.

                      In my email I just highlighted a few issues that I believed had not been taken into consideration and raised my concerns that certain comments had not been substantiated.

                      As you can see by the response, the adjudicator has now assumed that I will be referring my complaint to ombudsman in which I did not even mention ? I am now somewhat confused as to why the adjudicator is now refusing to discuss further. Have I done something untoward do you think ?

                      Should I have not responded to the adjudicators letter by putting my points across and raising further concerns ?

                      Any comments would be appreciated.
                      Attached Files

                      Comment


                      • #41
                        Re: Agency Relationship PPI Complaints Help

                        Originally posted by Bazza View Post
                        L'pool / Kati,

                        Where would I find any FOS case details that I could use ?
                        http://www.ombudsman-decisions.org.uk/

                        Comment


                        • #42
                          Re: Agency Relationship PPI Complaints Help

                          Did you say you wanted the final response to be from the ombudsman?? Or is that just their assumption ??
                          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                          It doesn't matter where your journey begins, so long as you begin it...

                          recte agens confido

                          ~~~~~

                          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                          But please include a link to your thread so I know who you are.

                          Specialist advice can be sought via our sister site JustBeagle

                          Comment


                          • #43
                            Re: Agency Relationship PPI Complaints Help

                            Fred you are a star, thanks

                            :tinysmile_grin_t:

                            Comment


                            • #44
                              Re: Agency Relationship PPI Complaints Help

                              Originally posted by Bazza View Post
                              Just an up-date regarding my last correspondence letter received from the adjudicator in which I partly replied, I today received the attached e-mail response from FOS.

                              I had previously requested that the deadline to be extended until 30th September 2014, in order to respond to their last letter with any further evidence etc in which they agreed to and I also advised that I would be contacting Welcome / Dial4ALoan for further details.

                              In my email I just highlighted a few issues that I believed had not been taken into consideration and raised my concerns that certain comments had not been substantiated.

                              As you can see by the response, the adjudicator has now assumed that I will be referring my complaint to ombudsman in which I did not even mention ? I am now somewhat confused as to why the adjudicator is now refusing to discuss further. Have I done something untoward do you think ?

                              Should I have not responded to the adjudicators letter by putting my points across and raising further concerns ?

                              Any comments would be appreciated.
                              If you were polite & respectful then the FOS service will listen or read, however they do work off templates set up from previous cases & judge nobody only facts vs uphold/reject criteria......this if you have requested it to be looked at again will go to an Ombudsman who will use the very same criteria along with anything else you can produce relevant or having a direct effect on your complaint as it is not as I recall a review, they look at the case again.

                              You will then when allocated to an Ombudsman get a final decision which you may then choose to accept or reject, doing the latter makes it not legally binding.

                              Comment


                              • #45
                                Re: Agency Relationship PPI Complaints Help

                                Originally posted by Fred View Post
                                If you were polite & respectful then the FOS service will listen or read, however they do work off templates set up from previous cases & judge nobody only facts vs uphold/reject criteria......this if you have requested it to be looked at again will go to an Ombudsman who will use the very same criteria along with anything else you can produce relevant or having a direct effect on your complaint as it is not as I recall a review, they look at the case again.

                                You will then when allocated to an Ombudsman get a final decision which you may then choose to accept or reject, doing the latter makes it not legally binding.
                                Thanks Fred for your reply.

                                I believe I was polite and courteous and only responded to their letter points raised with what I thought were various justifiable comments.

                                I had no intention of upsetting them and was quite taken back by the response I received today. What makes it difficult and frustrating is when you request certain information from the various parties involved, in which were not previously forthcoming and then I receive a letter from the adjudicator quoting their findings with details that I had asked for.

                                Comment

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