PPI Reclaiming Discussion part 4

laalaa41

Ive been waiting a year for my case to be adjudicated and finally wrote to ask if they'd fast track it (thats a joke) because I am in some financial difficulty now. They agreed to do that and I had a call from a very imperious man from FSA. In the conversation he said three things that made me think I ought to be grateful they were looking at my case at all!

Im claiming back to 2002 where Egg PPI (on my credit card) was (I think) just tacked onto the online application for the card (I used to be a card tart). Also - I was temping at the time and did right up until last year when I was offered a staff position. Also I have a thyroid condition which I know affects every part of the body, is an "exception" on an policy I have and would have been a great cop out because it affects every system in the body. So on 3 counts, I claim I was miss-sold PPI.

The unctious chap on the phone told me that "if he decided I had been miss-sold PPI" they apply any refund to the balance on the account if there was any - which there is. I quietly and politely (he kept butting in) said that I challenged PPI with RBS on exactly the same grounds and they wiped a chunk off my loan and put some into my account (to pay other debt) - as requested. So there was a precedent there. He said that was a different organisation - I said that they were both banks, and its the FSA that tells them what to do not the other way round.

I also told him that as this was my money in the first place, I should be able to choose the most financially astute way of using it - so to have it disappear into a hole and in effect involve, for Egg, just a little creative accounting, would not be in my best interests, would actually cause me difficulty and not actually be fair. He insisted and said that if I challenged that (IF I was awarded anything at all) it would take another several months to argue the point - was that a threat? Considering the reason he's looking at it all is because Im in financial difficulty?

What does the forum think on this because I think theyre confused - I'm the wronged customer and they dont work for Egg!

L

stereo_mike

laalaa41 wrote: »

Ive been waiting a year for my case to be adjudicated and finally wrote to ask if they'd fast track it (thats a joke) because I am in some financial difficulty now. They agreed to do that and I had a call from a very imperious man from FSA. In the conversation he said three things that made me think I ought to be grateful they were looking at my case at all!

Im claiming back to 2002 where Egg PPI (on my credit card) was (I think) just tacked onto the online application for the card (I used to be a card tart). Also - I was temping at the time and did right up until last year when I was offered a staff position. Also I have a thyroid condition which I know affects every part of the body, is an "exception" on an policy I have and would have been a great cop out because it affects every system in the body. So on 3 counts, I claim I was miss-sold PPI.

The unctious chap on the phone told me that "if he decided I had been miss-sold PPI" they apply any refund to the balance on the account if there was any - which there is. I quietly and politely (he kept butting in) said that I challenged PPI with RBS on exactly the same grounds and they wiped a chunk off my loan and put some into my account (to pay other debt) - as requested. So there was a precedent there. He said that was a different organisation - I said that they were both banks, and its the FSA that tells them what to do not the other way round.

I also told him that as this was my money in the first place, I should be able to choose the most financially astute way of using it - so to have it disappear into a hole and in effect involve, for Egg, just a little creative accounting, would not be in my best interests, would actually cause me difficulty and not actually be fair. He insisted and said that if I challenged that (IF I was awarded anything at all) it would take another several months to argue the point - was that a threat? Considering the reason he's looking at it all is because Im in financial difficulty?

What does the forum think on this because I think theyre confused - I'm the wronged customer and they dont work for Egg!

L

The FOS is a unique bread of establishment. The first thing I would state is in the view of the FOS there is no such thing as a case president, therefore what happend with one of you claims may not happen with the other.

I would also ask how have you been mis-sold if you got the card online, it would have been up to yourself to check your eligability for the product, unless you are statign it was a pre-ticked box??

laalaa41

stereo_mike wrote: »

The FOS is a unique bread of establishment. The first thing I would state is in the view of the FOS there is no such thing as a case president, therefore what happend with one of you claims may not happen with the other.

I would also ask how have you been mis-sold if you got the card online, it would have been up to yourself to check your eligability for the product, unless you are statign it was a pre-ticked box??

2002 - 7 years ago, all I remember was applying online. Could have been a pre-ticked box but I certainly didnt have any discussion on my condition. At the time, you were asked if you had something that could kill you like a heart condition or prone to strokes - its only when some people tried to claim that they discovered there were exceptions never mentioned. Since then, I always ask if my thyroid condition would be an exception and it is - apparently.

If one financial organisation are capable of dealing fairly with a customer, why wouldn't another and isnt it the FSA's JOB to "police" financial organisations?

L

marshallka

stereo_mike wrote: »

The FOS can sometimes be useful in sending the complaint to the correct person. If the company the FOS have sent the letter to do not agree the complaint lies with them, then they have to advise the FOS why. If your letter was sent a while ago and you have not heard from the FOS, you should be safe, although knowing when the 8 weeks stars from can be a problem

FOS complained for me in Nov/Dec and Lloyds of London had their 8 weeks and then asked for another 4 weeks to which I declined and sent the complaint to the FOS. Its now been another 4 months and still waiting for an adjudicator but they have said it will not be long (another couple of months) cause it was with an adjudicator last July and then thrown back with jurisdiction issues (i complained about the lender) and it was then that the FOS did not tell me where to direct my complaint to. I then complained again and again it reached an adjudicator and then again jursidiction issues and thrown back. This time it was put with their legal team and I was told that this complaint about unfair rebate lay with the insurer as it was the insurer that determined the rebate and they wrote on my behalf. I assume if this was something they could not look into that it would have been thrown back by now and its not been although it has happened twice before whereby they have done this and its still not got through. I complained using the UTCCR.

stereo_mike

laalaa41 wrote: »

2002 - 7 years ago, all I remember was applying online. Could have been a pre-ticked box but I certainly didnt have any discussion on my condition. At the time, you were asked if you had something that could kill you like a heart condition or prone to strokes - its only when some people tried to claim that they discovered there were exceptions never mentioned. Since then, I always ask if my thyroid condition would be an exception and it is - apparently.

If one financial organisation are capable of dealing fairly with a customer, why wouldn't another and isnt it the FSA's JOB to "police" financial organisations?

L

The FSA's job is to put regulation in place after an event has happened, like the banking collapse. The FSA does not look after the FOS, and the FOS don't care what regulation the FSA has.

Complaints relating to applications on line are prone to being declined, as you would have been given the info on line, and it is your responsibility to check and confirm your eligability, the lender/insuer does not need to ask about your pre-exisitng medical conditions, as these types of policies are not underwritten at the point of sale.

marshallka

laalaa41 wrote: »

Ive been waiting a year for my case to be adjudicated and finally wrote to ask if they'd fast track it (thats a joke) because I am in some financial difficulty now. They agreed to do that and I had a call from a very imperious man from FSA. In the conversation he said three things that made me think I ought to be grateful they were looking at my case at all!

Im claiming back to 2002 where Egg PPI (on my credit card) was (I think) just tacked onto the online application for the card (I used to be a card tart). Also - I was temping at the time and did right up until last year when I was offered a staff position. Also I have a thyroid condition which I know affects every part of the body, is an "exception" on an policy I have and would have been a great cop out because it affects every system in the body. So on 3 counts, I claim I was miss-sold PPI.

The unctious chap on the phone told me that "if he decided I had been miss-sold PPI" they apply any refund to the balance on the account if there was any - which there is. I quietly and politely (he kept butting in) said that I challenged PPI with RBS on exactly the same grounds and they wiped a chunk off my loan and put some into my account (to pay other debt) - as requested. So there was a precedent there. He said that was a different organisation - I said that they were both banks, and its the FSA that tells them what to do not the other way round.

I also told him that as this was my money in the first place, I should be able to choose the most financially astute way of using it - so to have it disappear into a hole and in effect involve, for Egg, just a little creative accounting, would not be in my best interests, would actually cause me difficulty and not actually be fair. He insisted and said that if I challenged that (IF I was awarded anything at all) it would take another several months to argue the point - was that a threat? Considering the reason he's looking at it all is because Im in financial difficulty?

What does the forum think on this because I think theyre confused - I'm the wronged customer and they dont work for Egg!

L

If this was a loan and a single premium I could understand it but when you have actually stood out of that money (all of it) then I would want it back to me to do as I please. I have noted lots of times Egg have done this this way. I would politely ask the adjudicator to argue it on your behalf.

laalaa41

stereo_mike wrote: »

The FSA's job is to put regulation in place after an event has happened, like the banking collapse. The FSA does not look after the FOS, and the FOS don't care what regulation the FSA has.

Complaints relating to applications on line are prone to being declined, as you would have been given the info on line, and it is your responsibility to check and confirm your eligability, the lender/insuer does not need to ask about your pre-exisitng medical conditions, as these types of policies are not underwritten at the point of sale.

I used the FSA to complain about RBS - a different case from the PPI I mentioned earlier. RBS had really mistreated me and after some to and fro-ing I had to insist it went higher when it went to the ombudsman who did agree with me and I got my charges back. This wasnt the same as just reclaiming my charges - there was a lot more to it - I posted here over the past year on that subject if you want to look into that.

So the FSA dealt with my complaint then.

laalaa41

marshallka wrote: »

If this was a loan and a single premium I could understand it but when you have actually stood out of that money (all of it) then I would want it back to me to do as I please. I have noted lots of times Egg have done this this way. I would politely ask the adjudicator to argue it on your behalf.

Yes that's what I tried to do - politely ask - but he kept saying that's not what the FSA do. I feel a long haul coming on :cool:

marshallka

laalaa41 wrote: »

Yes that's what I tried to do - politely ask - but he kept saying that's not what the FSA do. I feel a long haul coming on :cool:

I take it you mean FOS here and not FSA. The FSA do not complain on your behalf but the FOS do and act as a negotiator really. Perhaps he knows that Egg will argue the toss back again and others have tried to overturn this and failed without it going to the Ombudsman for a final decision. Its up to you whether you can afford the time I suppose.

laalaa41

marshallka wrote: »

I take it you mean FOS here and not FSA. The FSA do not complain on your behalf but the FOS do and act as a negotiator really. Perhaps he knows that Egg will argue the toss back again and others have tried to overturn this and failed without it going to the Ombudsman for a final decision. Its up to you whether you can afford the time I suppose.

I was told to use the FSA to reclaim PPI - if this is not the case, then I will have to take it to the organisation that will act on my behalf properly!