Endeavour

[lookingforward]

Re: Endeavour

Thanks Di,

This is what I'm thinking of sending to the CEO via email.

Dear Me Elborne,
Thank you for passing my emails below onto xxxx who in turn passed them on to xxxx.
xxxx kindly responded in a letter dated 28.08.2012 and unfortunately I can only feel fobbed off once again. I have been told that the findings of Mr xxxx are that he is unable to uphold my complaint due to the time limitation act 1980.
May I remind you of the FSA ruling on this:-

"With regards to making a complaint, this will depend on how long ago you had the account, and when you initially realised that there was a problem with the account and its facilities. Under our complaint handling rules, you need to make a complaint to the bank either:
* Within six years of the product being sold to you
or
* Within three years of when you could have reasonably have been expected to know that there was a problem


Every single issue I have raised in my previous emails points to the PPI being miss-sold and I am quite honestly sick and tired of being given the run around. It's all well and good having a statement on your website promising that your company will do this and that, however in my experience there seems to be no change of tack and it smacks of a PR stunt.

I would therefore appreciate your personal intervention at this time and request that my complaint is taken onboard and looked into seriously.






What do you think ?

[di30]

Re: Endeavour

Just read your post above re the FSA guidlines, so OK loan 2001 and I complained 2007 so that's within 6 years

They responded turning me down in 2007, when it then went to the poxy solicitors for years (until 2010) trying to get the money from Endeavour.

So the way I read the FSA now is that I should have complained again between 2007 and 2010 (the 3 years), or am I reading it wrong.

If I'm going to email the CEO again to complain I want to have my facts straight

I do know what you are saying here, but even though you tried to sort this with the solicitor which had taken a long time (this is no fault of yours), you are now going about this alone, they should consider that you are going about this alone, which is strongly recommended by the FSA and banking groups.

And I would say that 6 years is that from 2007 in my opinion. So you do realistically have another year, if I am reading incorrectly into this, then I appreciate anyone to tell me so.

See with mine with EPF, it was sold to me in 2004, non regulated, and they did actually send me ample of final letters of rejections, stating final decision and so on just like your case, but as you know i never once gave up, I know it did take some time and I was eventually successful.

I started the complaint almost 5 years ago, something like that. And resolved in 2011.
And also like yourself, I did go through a solicitor as well.

For example, I started my own reclaim with them at first.
Kept being rejected.
A solicitor taken it forward, can't remember how long it taken but it was a long time, it failed.
I contacted the FOS, even though I know they were not able to adjudicate, they suggested the underwriter.
Did write to the underwriter, the fos did end up taking it on as the underwriter were regulated.
This was still ongoing with the FOS (underwriter), when i finally came across more evidence against EPF.
They finally upheld after me trying all avenues, and accepted liability.

[lookingforward]

Re: Endeavour

Just read your post above re the FSA guidlines, so OK loan 2001 and I complained 2007 so that's within 6 years

They responded turning me down in 2007, when it then went to the poxy solicitors for years (until 2010) trying to get the money from Endeavour.

So the way I read the FSA now is that I should have complained again between 2007 and 2010 (the 3 years), or am I reading it wrong.

If I'm going to email the CEO again to complain I want to have my facts straight

[di30]

Re: Endeavour

You need to tell them that you are aware of the meaning of Statute barring and realise that this does not apply to you and explain why.

I do think they are trying it on myself.
Stand your ground.

[lookingforward]

Re: Endeavour

Certainly not.
That is only 5 years.

That's what I thought, need to think out a decent way of putting that in an email to the CEO again tomorrow.

Thoughts/suggestions welcome

[di30]

Re: Endeavour

No worries, thanks.

So if I first complained in 2007 it wouldn't be time barred would it ?

Certainly not.
That is only 5 years.

[lookingforward]

Re: Endeavour

Hi hun

Oops sorry hun, I thought I replied to your other post the other day, silly me.

Well I was told that its from when you first become aware of it, for example, if you only came across some old paperwork on the finance agreement where PPI was included, and you only then realise you have a complaint to reclaim........(as from then on).

No worries, thanks.

So if I first complained in 2007 it wouldn't be time barred would it ?

[di30]

Re: Endeavour

Just a thought re this time barred thing.

Is it not correct that the clock starts ticking from when you have suspicion that something may be wrong and hence complain ?

If so my 1st complaint to GE was in 2007 so only 5 years ago

Hi hun

Oops sorry hun, I thought I replied to your other post the other day, silly me.

Well I was told that its from when you first become aware of it, for example, if you only came across some old paperwork on the finance agreement where PPI was included, and you only then realise you have a complaint to reclaim........(as from then on).

[lookingforward]

Re: Endeavour

Just a thought re this time barred thing.

Is it not correct that the clock starts ticking from when you have suspicion that something may be wrong and hence complain ?

If so my 1st complaint to GE was in 2007 so only 5 years ago

[lookingforward]

Re: Endeavour

A suggestion..............

Have you tried contacting your local MP?
Sometimes the can be of some good help, depending on how helpful they are really, and remember they will want your vote, or you have previously voted for them.

They will write on your behalf.

Or..............
Contact the FOS, tell them how far you have gone with this, on request they can contact the business on your behalf, and lead you to the relevent avenue, and if possible take the case on for you.

Hi Di,

Haven't gone down the MP route as yet as I was waiting to see what GE would say, going to be a long email explaining all the to's and fro's on this one, dreading writing it all out
GE said I couldn't go to the FOS so not sure on that one.
As said I have got the insurers details but they didn't sell the policy so don't really know what I could say to make them pay out.

I am going to try and get my late charges etc back off EPF if that is possible and I'm going to dig through the solicitors info as I'm sure there was something in there about some one getting a commision out of the PPI which they didn't think was important but may be worth looking at.

This money would pay off mortgage arrears and kick start a business idea I've got so I have no intention of just letting it drop, however this time barred/unregulated agreement/non-advised sale bollox is really getting me down.

[di30]

Re: Endeavour

A suggestion..............

Have you tried contacting your local MP?
Sometimes the can be of some good help, depending on how helpful they are really, and remember they will want your vote, or you have previously voted for them.

They will write on your behalf.

Or..............
Contact the FOS, tell them how far you have gone with this, on request they can contact the business on your behalf, and lead you to the relevent avenue, and if possible take the case on for you.

[di30]

Re: Endeavour

Di,

I Came across this thread http://forums.all-about-debt.co.uk/a...hp/t-1245.html whilst searching up on the insurers.

BFC Insurance, might drop them a letter.

Other than that I don't know whether the FSA's stance on time barring is applicable in my case with GE because it's unregulated. Found this quote on another forum.

Time barring and pre-2005 sales
Some firms argued that complaints about pre-2005 sales should not be included in the scope of our Handbook provisions because they are all or mostly already out of time to be
considered on their merits (i.e. they are ‘time barred’ under our existing DISP rules).33 We disagree with this view. Decisions concerning the time barring of individual complaints are ultimately for the FOS to make, but in general terms, our view (as set out in CP10/6 para 3.14), is that general media coverage of the PPI issue, including comments or publications by us, would not be enough to have given a consumer the kind
of specific ‘constructive knowledge’ required by DISP’s time limits. 34 Accordingly, while some consumers who bought PPI before January 2005 may, on an assessment of their individual circumstances and events, be deemed to have had appropriate
awareness before January 2008, such that they will be out of time by January 2011, our view is that this is unlikely to apply to consumers generally (though that is ultimately a
decision for the FOS to make concerning complaints referred to it).

Conclusion on pre-2005 sales
There is nothing in firms’ responses which leads us to consider it necessary to retract from our statement in the open letter concerning pre-2005 sales or to carve out
complaints about these sales from the scope of our final provisions. To do either would leave substantially unaddressed the poor handling of a very significant proportion of PPI
complaints, and thus the significant potential consumer detriment caused by many of these sales.

http://www.fsa.gov.uk/pubs/policy/ps10_12.pdf


The following comments were made by Contador....


"On a more general note, now that the Judicial Review has upheld the validity of the FSA's Policy Statement, the Policy Statement is now the authority on PPI reclaiming and should be read by everyone considering or in the process of making a claim.

Particularly useful are the last few pages - the 'Common Failings' - which identify the types of mis-selling and cross reference them with the applicable regulatory breaches which, when quoted, can be a powerful tool in making a claim."

http://www.fsa.gov.uk/pubs/policy/ps10_12.pdf

I'm determined to get my money back as this was so obviously miss-sold. How they can say it was sold on a non-advised basis is beyond me. The salesmen never said he was advising on a non-advised basis, and when someone says it will help get the loan if you take the PPI, how is that anything but advising ?


I've given up getting anything from Endeavour themselves and am peed off that the solicitor who was dealing with my case spent sooooo long aiming at them instead of Purple/GE.

Would I be able to claim back late payment fees etc from Endeavour though ?

Hi

I would write to them anyway, no harm done, and it's a load of Bo***x in regards of the time barring.
Read this from the FSA site below.......

"With regards to making a complaint, this will depend on how long ago you had the account, and when you initially realised that there was a problem with the account and its facilities. Under our complaint handling rules, you need to make a complaint to the bank either:

* Within six years of the product being sold to you

or

* Within three years of when you could have reasonably have been expected to know that there was a problem

If you fall within these timescales, then you may have grounds for complaint".

[di30]

Re: Endeavour

Update:

I rec'd an email from Alison Cassidy Senior Resolutions Manager who had been passed my emails from the CEO, she couldn't trace the a/c no so I emailed back so more info and heard nothing, got a letter from her saying the same thing so emailed again saying I could email scans of docs, heard nothing, then today a letter......................

Why am I not suprised that it's them weazling their way out of any responsibility ?

Alison Cassidy has responded stating she passed my complaint on to Mr Berry in a Specialist Dept within GE Money to review the claim further and he has concluded that they will not investigate the claim further due to the time that has passed since the policy was sold to me.
In addition when my claim was previously looked into I was informed that it was sold to me on a non-advised basis and therefore the sales advisor would not have provided any advice or recommendation in relation to the insurance...

Conclusion:
Based upon my findings I am unable to uphold your complaint due to the time limitation act 1980.

Berry's letter basically quotes the time limitation act and states that GE Money home lending Co's were not at any time members of the GISC which at the time administered a voluntary code only applicable to GISC members.
I can complain to the Finance and leasing association (FLA) but not the FOS as it's outside their jurisdiction (un-reg loan).
Looked on the FLA website and it says this re complaints against members

Please note that the FLA cannot award compensation or make a decision about your complaint.

Fat lot of good complaining to them would be then.

This letter is their final response on the matter.



So in a nutshell, despite their public friendly statement on the website, they haven't even looked at the points I raised, just looked at the date and thought "ah we can get out of this one" case closed.

How annoying, and it seems they have totally overlooked the points you raised, and ignored them, just because the company were not regulated at the time, they just tend to not care and fob off.

In regards of the FLA, there have been a few success but they are not high rated on success and that is so true, they do not award the compensation, but they do check the details you provide and if they think you have a case, they should therefore pass your case back to the business financial officer to relook into the case again, despite the fact that the complaints team have already rejected it.
If the FLA do not think you have a case, they write to let you know and should tell you the next avenue.

How frustrating though!

Another avenue is usually the Underwriter/insurer who was possibly regulated, unlike a broker back then, the FOS will take on cases against the underwriter and check/investigate what liabilities and involvement with the broker when the ppi was sold to you, but it will though unfortunately take some time.

[di30]

Re: Endeavour

Hiya

Thank you for the updates.

Give me a few mins, on the phone to mum, be back shortly and take a good read, cheers.

[lookingforward]

Re: Endeavour

Di,

I Came across this thread http://forums.all-about-debt.co.uk/a...hp/t-1245.html whilst searching up on the insurers.

BFC Insurance, might drop them a letter.

Other than that I don't know whether the FSA's stance on time barring is applicable in my case with GE because it's unregulated. Found this quote on another forum.

Time barring and pre-2005 sales
Some firms argued that complaints about pre-2005 sales should not be included in the scope of our Handbook provisions because they are all or mostly already out of time to be
considered on their merits (i.e. they are ‘time barred’ under our existing DISP rules).33 We disagree with this view. Decisions concerning the time barring of individual complaints are ultimately for the FOS to make, but in general terms, our view (as set out in CP10/6 para 3.14), is that general media coverage of the PPI issue, including comments or publications by us, would not be enough to have given a consumer the kind
of specific ‘constructive knowledge’ required by DISP’s time limits. 34 Accordingly, while some consumers who bought PPI before January 2005 may, on an assessment of their individual circumstances and events, be deemed to have had appropriate
awareness before January 2008, such that they will be out of time by January 2011, our view is that this is unlikely to apply to consumers generally (though that is ultimately a
decision for the FOS to make concerning complaints referred to it).

Conclusion on pre-2005 sales
There is nothing in firms’ responses which leads us to consider it necessary to retract from our statement in the open letter concerning pre-2005 sales or to carve out
complaints about these sales from the scope of our final provisions. To do either would leave substantially unaddressed the poor handling of a very significant proportion of PPI
complaints, and thus the significant potential consumer detriment caused by many of these sales.

http://www.fsa.gov.uk/pubs/policy/ps10_12.pdf


The following comments were made by Contador....


"On a more general note, now that the Judicial Review has upheld the validity of the FSA's Policy Statement, the Policy Statement is now the authority on PPI reclaiming and should be read by everyone considering or in the process of making a claim.

Particularly useful are the last few pages - the 'Common Failings' - which identify the types of mis-selling and cross reference them with the applicable regulatory breaches which, when quoted, can be a powerful tool in making a claim."

http://www.fsa.gov.uk/pubs/policy/ps10_12.pdf

I'm determined to get my money back as this was so obviously miss-sold. How they can say it was sold on a non-advised basis is beyond me. The salesmen never said he was advising on a non-advised basis, and when someone says it will help get the loan if you take the PPI, how is that anything but advising ?


I've given up getting anything from Endeavour themselves and am peed off that the solicitor who was dealing with my case spent sooooo long aiming at them instead of Purple/GE.

Would I be able to claim back late payment fees etc from Endeavour though ?