PPI claim with senior ombudsman

Bloo wrote: »

I had a claim for PPI against HSBC approved by the Financial Ombudsman and am now witing as HSBC challenged it

Initially HSBC said there had been no PPI on my credit card a/c. Then they admitted there had been but said I would have been told about PPI though they couldn't prove this as it went back to the late 90s.

I took it to the Fin. Ombuds. and they agreed with my view but HSBC have now challenged it. I haven't heard anything for 3 months as 'a Senior Ombudsman will review it'.

Anyone know how long this process takes?

Many thanks

Just as you are allowed to appeal an adjudicator decision, so are the banks. It'll happen when it happens, no-one could predict the time frame because each case is different. I believe the ombudsman only overrules the adjudicator in a small number of cases (10% or so).

One minor point though, you stated "said I would have been told about PPI though they couldn't prove this as it went back to the late 90s." - they don't have to prove that, you are making the claim that you weren't told, just how the system work.

You will most likely win though but HSBC obviously feel they have a strong case to actually keep fighting this one so good luck

I took it to the Fin. Ombuds. and they agreed with my view but HSBC have now challenged it. I haven't heard anything for 3 months as 'a Senior Ombudsman will review it'.

The initial decision is made by an adjudicator. Both sides have a right to appeal the decision of an adjudicator. Its unusual with PPI cases unless the bank feels the adjudicator is missing some basic points. It is then referred to an ombudsman. Their decision cannot be appealed and is binding on the firm.

Ombudsman decisions can take upto 2 years. Although a PPI case should be easier than that and more likely to be less than a year.

HSBC's response to why they shouldn't pay out was that 'standard procedures at the time would have issued me notice of PPI being charged' but in their own words they had no evidence of this.

They dont need evidence. Where there is no evidence available from you or them then the FOS makes a balance of probability decision on the available evidence and what is known of their processes at the time. It should be noted that this is credit card PPI. So, it would have appeared on each statement that it was paid.

Bloo wrote: »

Hmm...not so good then. Have to be honest I don't recall ever seeing PPI mentioned on statements, nor a breakdown showing how much it was.

It's listed on every statement as a new item with the charge (otherwise the balance wouldn't add up to the total sum of charges) but you only pay it when you carry a balance

It is not possible to pay PPI without it being on the statement. The statement shows all transactions that increase the balance. A PPI premium would increase the balance.

I don't recall ever seeing PPI mentioned on statements, nor a breakdown showing how much it was.

In most cases, it is a transaction with an amount and name. In some cases, it may be with the detail concerning minimum payment.

If you paid your card off in full each month then you never paid any PPI. You only pay on borrowed money outside the interest free period.

Otherwise wouldn't all the credit card Cos. have a get out excuse for PPI?

It is fair to say that the success rate on credit card complaints is lower than loans. However, it is not enough by itself to reject your complaint. It can be disclosed correctly but still fail in other areas.

Usually named as some kind of 'protection cover'