PPI - Can we refer to FOS?

Hello everyone,

We recently made a claim for PPI misselling to a bank. Initially they tried to tell us that there was no evidence of any loans made (as this dates back a number of decades).

We then provided evidence of the loan and PPI as we had the original agreement.

Based on this, they upheld the complaint and sent a calculation of the compensation. The original decision was made on 30th August 2017. In this decision, they advised us that we had six months in which to refer it to the FOS if we were unhappy.

The compensation calculation did not cover all of the payments made and we have been querying this with them for the last six weeks and got nowhere. They just said that only 22 payments were made. We asked for evidence of this, as there is no reason at all for it to have been paid off early. They said that they would send us the evidence but have not done so, despite three phone calls to them.

Today a letter turned up, stating that the loan was paid off 14 months early. That's it, no other evidence except they say so.

But that's not the part that really bothers me. It's this: at the end of the letter, it states:

"When we issued our original decision we advised you of your right to refer your concerns to the Financial Ombudsman Service, and that you had six months to do so. This time has now elapsed and as such we consider your original complaint to be closed. This means that the Financial Ombudsman Service will not have our permission to consider these aspects of your complaint and will only be able to do so in very limited circumstances."


I'm slightly confused by this. It seems to imply that they think that the six month time limit has passed, and we can no longer refer it onto the FOS (this cannot be right, as according to my understanding of the Gregorian Calendar, 30th August 2017 to 14th October 2017 is just over six weeks, not six months). Surely this is wrong? Or does it change because we queried it with them?

But to get to the point, the question is, can we still refer this to the FOS?

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242
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    You have 6 months from their decision. It's just an admin error.

    However, unless you believe you didn't settle the loan early - though I would think you would remember - I would accept the redress as given.
  • olgadapolga
    olgadapolga Posts: 2,268
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    Thank you for taking the time to reply.

    We certainly don't remember paying it off early - we didn't have much money to spare at the time, and certainly not enough to have paid the loan off over a year early.

    The bank didn't wait for a response from us anyway, they sent us a cheque for the amount they calculated a few days after the initial decision to uphold the claim.

    Need to have a think about it, whether it's worth referring it onto the FOS.

    Thanks again.
  • [Deleted User]
    [Deleted User] Posts: 26,612
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    Need to have a think about it, whether it's worth referring it onto the FOS.
    The Ombudsman won't be able to contest the Bank's records. Only if you can prove that you paid the loan (and PPI) to term end will you have any likelihood of a different result. Do you have any such documentary proof?
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