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PPI Reclaiming Discussion part 4

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Comments

  • Hi folks,
    This is my first post so no doubt there are errors, but here goes . .

    I made a claim to Tesco's for repayment of my long-standing PPI cover on my credit card and was turned down (I was self-employed and with a pre-existing long-standing health condition which would exclude me from cover).

    I sent my claim to the Ombudsman who wrote to say they would delay making a rsponse as they were so busy. I have recently had their reply, which turned down my claim on grounds that it was "brought to us more than six months after the business sent its final response."

    My referral to the Ombudsman was 16 days after the six month period. The Ombudsman say they "note your comments about (your relative's) health (my relative has had several strokes and I have been attending the hospital once or twice a day for some years). "Unfortunately, in order for these circumstances to be considered exceptional, I would need evidence that you were prevented from referring your complaint within six months"

    Well, no one tied me down, but I have been preoccupied trying to fight my relative's corner on a number of issues. The Ombusman says "you were able to make your original complaint to the business on (Date) and as you were able to make your original complaint while (your relative) was ill I am unable to conclude that you were also prevented from referring your complaint to our service during the period."

    I made the effort to lodge the original complaint when I could find the time, there was no measure of how long that took me, nor of how efficient I was in doing so. How do I convince the Ombudsman that these were 'exceptional circumstances' which would allow them from considering my complaint?
  • di3004
    di3004 Posts: 42,579 Forumite
    olmantyme wrote: »
    Hi folks,
    This is my first post so no doubt there are errors, but here goes . .

    I made a claim to Tesco's for repayment of my long-standing PPI cover on my credit card and was turned down (I was self-employed and with a pre-existing long-standing health condition which would exclude me from cover).

    I sent my claim to the Ombudsman who wrote to say they would delay making a rsponse as they were so busy. I have recently had their reply, which turned down my claim on grounds that it was "brought to us more than six months after the business sent its final response."

    My referral to the Ombudsman was 16 days after the six month period. The Ombudsman say they "note your comments about (your relative's) health (my relative has had several strokes and I have been attending the hospital once or twice a day for some years). "Unfortunately, in order for these circumstances to be considered exceptional, I would need evidence that you were prevented from referring your complaint within six months"

    Well, no one tied me down, but I have been preoccupied trying to fight my relative's corner on a number of issues. The Ombusman says "you were able to make your original complaint to the business on (Date) and as you were able to make your original complaint while (your relative) was ill I am unable to conclude that you were also prevented from referring your complaint to our service during the period."

    I made the effort to lodge the original complaint when I could find the time, there was no measure of how long that took me, nor of how efficient I was in doing so. How do I convince the Ombudsman that these were 'exceptional circumstances' which would allow them from considering my complaint?

    Hi there and welcome.;)

    So sorry to hear this.

    I am aware it 6 months from the final decision from the business, but if for some reason you complain after the 6 months, you can write to them and ask them to reconsider due to your personal reasons of why you did not continue within the timescale.

    Is there anyone in the family that are aware of your issues with your EGG complaint that can maybe support you by writing a letter, or maybe because you were constantly dealing with other personal matters time passed without you realising how quickly it did whilst sorting out some urgent matters with a relative due to health issues.
    Its just a suggestion but are there any letters you can photocopy to send from the hospital to include appointments etc, this may be some help.

    Good luck with this and I hope they do reconsider this for you.

    And maybe someone will come along with some ideas here for you, they may have been in this situation themselves.;)
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    olmantyme wrote: »
    Hi folks,
    This is my first post so no doubt there are errors, but here goes . .

    I made a claim to Tesco's for repayment of my long-standing PPI cover on my credit card and was turned down (I was self-employed and with a pre-existing long-standing health condition which would exclude me from cover).

    I sent my claim to the Ombudsman who wrote to say they would delay making a rsponse as they were so busy. I have recently had their reply, which turned down my claim on grounds that it was "brought to us more than six months after the business sent its final response."

    My referral to the Ombudsman was 16 days after the six month period. The Ombudsman say they "note your comments about (your relative's) health (my relative has had several strokes and I have been attending the hospital once or twice a day for some years). "Unfortunately, in order for these circumstances to be considered exceptional, I would need evidence that you were prevented from referring your complaint within six months"

    Well, no one tied me down, but I have been preoccupied trying to fight my relative's corner on a number of issues. The Ombusman says "you were able to make your original complaint to the business on (Date) and as you were able to make your original complaint while (your relative) was ill I am unable to conclude that you were also prevented from referring your complaint to our service during the period."

    I made the effort to lodge the original complaint when I could find the time, there was no measure of how long that took me, nor of how efficient I was in doing so. How do I convince the Ombudsman that these were 'exceptional circumstances' which would allow them from considering my complaint?
    Could you prove this by the hospital you were attending on visiting twice daily for years doing a letter for you. They would perhaps know you by now and would (I am sure) make time to write this out as proof. If not then perhaps a letter from some other authority, maybe a doctor is what they are after, just to say you have been otherwise engaged for some time. Seems like the Ombudsman is wanting other proof here and not just your word.

    I hope you get this sorted. Good luck.
  • pm2326
    pm2326 Posts: 1,096 Forumite
    Part of the Furniture Combo Breaker
    Hi, I hope someone can give me a bit of guidance.

    I made a complaint to NEMO about mis-sold PPI in May 08, after a drawn out process, they decided I had no case.

    I referred my complaint to the FOS in October 08 but didnt recieve a response until April 09. The Adjudicator ruled in my favour and said NEMO should pay back almost £5500.

    NEMO decided to dispute this and asked for an extension so they could provide a second defence. However, they failed to do so by 9th June 09 so my case has now been passed to an Ombudsman for the final decision.

    My question is how long will it take now? This has gone on for over 14 months now and I'm reaching the end of my tether....
  • maxdp
    maxdp Posts: 3,873 Forumite
    pm2326 wrote: »
    Hi, I hope someone can give me a bit of guidance.

    I made a complaint to NEMO about mis-sold PPI in May 08, after a drawn out process, they decided I had no case.

    I referred my complaint to the FOS in October 08 but didnt recieve a response until April 09. The Adjudicator ruled in my favour and said NEMO should pay back almost £5500.

    NEMO decided to dispute this and asked for an extension so they could provide a second defence. However, they failed to do so by 9th June 09 so my case has now been passed to an Ombudsman for the final decision.

    My question is how long will it take now? This has gone on for over 14 months now and I'm reaching the end of my tether....

    Hi there I know Di had a similar case with the Ombudsman so hopefully she will be able to tell you how long that took. I know it is difficult waiting about but keep in there am sure it will be sorted soon.
    :mad:
  • dialysis
    dialysis Posts: 1,778 Forumite
    gumbi wrote: »
    Gumbi here....
    Nothing new I'm afraid, My contact seems tio have gone to ground. Can't say I blame him to be honest!

    I have real hard time compaining about the FSCS as they are really overworked and companies like Picture are quire simply dumping their problems on them and the FOS.

    On a positive note I hear that the FOS default position on Single Premium PPI is basically refund the lot so I doubt if the FSCS will be much different. I think we're all going have to take a collective deep breath, clentch our teeth, grin and bear it until the legal team at the FSCS do their thing.

    I think we have enough ears on the ground between us to know when things gave moved on but I'll keep trying at my end.

    Let's spare a thought for those that have already lost their homes because of this scandle! Dialysis in particular!!:confused:
    Thanks Gumbi it is a real comfort to know that you are all on here thinking of us Thanks again guys youre all :A
  • sent my SAR to Barclays bank plc....they received it on 21st may I have classed day 1 from 22nd may, so times is up tomorrow. I very much doubt I will have it!! I phoned them today and they could not tell me what was happening said they would speak to relevant department and get them to give me a call today. This has not happened, there is also notes on my file of me calling 18th june saying you have cashed my cheque when should I expect to recieve.

    I am already in the process of dealing with the FOS they make Barclays bank plc give me the SAR?

    I should owe nothing now but due to interest and charges they say I owe 2k, but cant prove how or why I owe it, I have been promised statements on at least 5 occasions and in the end went down the SAR request as I have never got any of these. I have also found out that they usually freeze interest and charges in the department my account is held in, but due to a system error this is not always the case.

    any ideas what I can do?
    Official DFW Nerd number 227
    Proud to be dealing with my debts!!!!
  • Re: PPI Ombudsman refusal
    - My thanks to amersal & Di2004 for your comments. I take encouragement from the fact that neither of you said "No chance!". I shall look through the paperwork I have in hand to see what evidence I can put together.

    For the record, the Hospital (elderly people's services) is part of the problem - but I won't get into that here! Thanks again,
    olmantyme
  • di3004
    di3004 Posts: 42,579 Forumite
    pm2326 wrote: »
    Hi, I hope someone can give me a bit of guidance.

    I made a complaint to NEMO about mis-sold PPI in May 08, after a drawn out process, they decided I had no case.

    I referred my complaint to the FOS in October 08 but didnt recieve a response until April 09. The Adjudicator ruled in my favour and said NEMO should pay back almost £5500.

    NEMO decided to dispute this and asked for an extension so they could provide a second defence. However, they failed to do so by 9th June 09 so my case has now been passed to an Ombudsman for the final decision.

    My question is how long will it take now? This has gone on for over 14 months now and I'm reaching the end of my tether....


    Hi there

    Mine was the same in regards of NEMO as well, it did actually taken about 14-15 months when they finally paid out.
    Nemo do not rush unfortunately, but what I did when it came to the final decision which was still in my favour, where waiting for the money, was ask the ombudsman as it went as far as him, if I could write a letter before action, known as a LBA, however, I no longer have this now, but I also had to send a copy to the ombudsman for them to agree with the letter, and they did.
    I told Nemo if they do not pay out by 14 days, we will consider taking further action, and they finally paid out from what I can recall by 10 days.

    But Nemo are always asking for extra time, they did with mine.
    Try to bear with it hun and I know its very frustrating, and you have been waiting a very long time, ask the FOS when is it likely you will hear an outcome on this one.;)

    Good luck with this.
    The one and only "Dizzy Di" :D
  • di3004
    di3004 Posts: 42,579 Forumite
    sent my SAR to Barclays bank plc....they received it on 21st may I have classed day 1 from 22nd may, so times is up tomorrow. I very much doubt I will have it!! I phoned them today and they could not tell me what was happening said they would speak to relevant department and get them to give me a call today. This has not happened, there is also notes on my file of me calling 18th june saying you have cashed my cheque when should I expect to recieve.

    I am already in the process of dealing with the FOS they make Barclays bank plc give me the SAR?

    I should owe nothing now but due to interest and charges they say I owe 2k, but cant prove how or why I owe it, I have been promised statements on at least 5 occasions and in the end went down the SAR request as I have never got any of these. I have also found out that they usually freeze interest and charges in the department my account is held in, but due to a system error this is not always the case.

    any ideas what I can do?


    Hi hun

    If they have not supplied you with all the information, especially as you requested a SAR, you can contact the information commissioners office (ICO), to ask if they can try to help you here, tell them you require these due to an ongoing reclaim complaint.

    No harm in ringing the ICO:
    https://www.ico.gov.uk/Global/contact_us.aspx

    Good luck, please keep us posted, and the ICO will either contact them on your behalf or some guidance.;)
    The one and only "Dizzy Di" :D
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