PPI Reclaiming Discussion part 4

dialysis

pinknico wrote: »

When the FOS write to you and say they will contact the company for further information about their side of the complaint, how long do they give the company to respond? Thanks. xx

Hi Pinknico when ours went to the FOS re Picture our adjudicator quoted a month I think, it is that long ago though !!! i may be wrong but I am sure it is a month. Dialysis

di3004

geoffmr1 wrote: »

Hello there,

MBNA did eventually respond to the adjudicator (just not by the required date of 11th March 2009), however their response was that the FOS does not have jurisdiction over something (I'm not sure what the jurisdiction issue actually is & the adjudicator dealing with my case couldn't explain it). I was then told by this guy that talks with MBNA were ongoing at a much higher level (not just over my complaint but over numerous amounts with the same jurisdiction issue).

As I say, now I have received another letter saying that an adjudicator is looking into my complaint but surely they have already done this as they upheld my complaint & sent me a copy of the letter they had sent MBNA giving their reasons for upholding it.

Do these complaints have to go through different adjudicators at higher levels because I'm really lost with all this & the FOS don't explain anything?

Hi hun

Yes unfortunately they can be moved on to another adjudicator, then to the ombudsman if the business have not resolved your matter, but the ombudsman is the last one and if the ombudsman upholds, which should be the case, as the ombudsman do mainly go along with the adjudicators decision, then they must comply.

This happened with my on my Nemo case, it was moved on to 3 including the ombudsman himself, Nemo mainly used stalling tactics, by always requesting for extra time, this may be the case for others as well, normally the ombudsman will give that extra time, but only until they say, they give them a deadline date.
And whatever the ombudsman says goes, good luck with this and glad they finally looked at this for you.

When they say not under jurisdiction, for example perhaps the MBNA were not covered by the banking ombudsman, but it seem to be recently that the ppi mis selling is huge and a grey area where they are looking into the claims again and re-investigate.;)
If for instance as the FSA taken over GISC which are the General Insurance, some business opted to be covered by these, but not all of them, they must all be to what I know of regulated from 14th Jan 2005, the FSA taken over GISC at that date, but not all were covered by GISC, where if this was the case the FOS were unable to investigate.

Mainly this is what they mean by not being under jurisdiction as such.

Hope this helps.

whiteheather_2

Hi,
Newbie requiring guidance/advice. Have recently decided to see if i can recover PPI i was given by loan company. I am looking for best advice on how to go about this or if safer/costlier by going for NO WIN/NO FEE lawyer.
Took out loan of £5000 over 5 years in 2000. At time of loan we were instructed that as a condition of getting loan we would have to take the insurance. This even after i told salesman that i already had insurance through my work as well as endownment & other life insurance.
The rate of payments was £175 p/mth.
In 2003 we did a top up of this loan which resulted in a loan amount of £10,000. Insurance was automatically included as it was in original agreement. This resulted in a payment of £275p/mth over 7yrs.
We settled this loan early by selling our house in August 2007.
At this stage we still had to give them nearly £13,000 to settle account.
I should mention that prior to selling our house we had tried to cancel insurance policies. This we sent letter by recorded delivery too insurance company requesting as of date of letter too cancel all insurance related policies for us.
2mths later we got a reply from insurance company stating that it was not them that we should have notified concerning cancellation of policies but the company who we had taken the loan from. They went on to say that they had forwarded the letter too loan company head office.
Shortly after this our house was sold, with nothing from company concerning policies.
Having sold our house and on being told that loan company had been given there money to settle account , we then contacted office twice too request a break-down of final figure. Only on the second call were we told that as it was a old account it could take quite a while for them to find it , if at all. This we were told only months after account had been settled, since then we have heard nothing from company and only now are we realising that we could be entitled to some form of compensation.
I forgot too mention that the loan company involved was Welcome Finance.
What is the best way to approach this and do i have a valid claim.

Whiteheather.

di3004

Hi Whiteheather and welcome.;)

I would say give it a go yourself, with help from this site with use of the templates and advice all free, the only cost will be the stamps.;)

I would start by requesting for a Subject Access Request (SAR) if you not done this yet, they have to comply with this request by 40 days and supply possibly everything they have on you going back as far as 6 years, if you live in England or Wales, Scotland I believe its 5 years.
There is a charge of £10 for this though, but you only need to send £10 to cover for all the information, payable by either postal order or cheque payment.

Here is the SAR template for your use here:
http://forums.moneysavingexpert.com/showthread.html?t=1475553
The information they provide maybe useful to help with your reclaim.
Post by recorded delivery.

For the reclaiming side of things, link here:
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance
You will find some useful information, and a checklist, also templates, you can use these templates if you want to and add your own reasons for why you were mis sold, or use the templates as a guide.


They have 8 weeks to respond in full.
Another letter maybe required if they do not resolve in the first response, they should let you know, if you can ask them to send further information or not.
You write to the ones who arranged the finance for you.

In the final response they should give details of the financial ombudsman service (FOS) if your not satisfied with the outcome of the complaint you should be able to go to the FOS.

Again use recorded delivery for your proof of posting.

Good luck and post up for help when required.

You do not require the figures for the reclaim, but they will come in handy later on if you need to refer to them to compare etc.;)

whiteheather_2

Hi Di3004 and thanks for the welcome.
Will take your advice and go for it. Will start tonight and download SAR template , post tomorrow along with p/o by recorded delivery and hope for the best.
Will probably require help/advice step by step on this.
Thanks again.

Whiteheather

di3004

whiteheather wrote: »

Hi Di3004 and thanks for the welcome.
Will take your advice and go for it. Will start tonight and download SAR template , post tomorrow along with p/o by recorded delivery and hope for the best.
Will probably require help/advice step by step on this.
Thanks again.

Whiteheather

Your very welcome.
We are here, we can help you throughout the process of this, not a problem.;)

Di

BigNige

Be warned people...

The FOS are inundated with complaints at the moment. I submitted mine in May 09 and, after being allocated a file manager and having written to the bank in question, the FOS have now told me it would be at least 3 to 4 months before the case is taken any further, due to sheer weight of numbers of cases.

The banks know this as well and are stringing people along. I have been waiting nearly 6 months for a response from my bank about the blatent PPI misselling they did on me.

Am actually considering court action to speed things up. Has anyone on here taken a bank to court over PPI?

marshallka

BigNige wrote: »

Be warned people...

The FOS are inundated with complaints at the moment. I submitted mine in May 09 and, after being allocated a file manager and having written to the bank in question, the FOS have now told me it would be at least 3 to 4 months before the case is taken any further, due to sheer weight of numbers of cases.

The banks know this as well and are stringing people along. I have been waiting nearly 6 months for a response from my bank about the blatent PPI misselling they did on me.

Am actually considering court action to speed things up. Has anyone on here taken a bank to court over PPI?

I hate to be the bearer of even worse news but the FOS are taking between 12/18 months now.

When you say you have been waiting for 6 months for your bank to reply is this the one you have submitted to FOS as you only have to give them 8 weeks and then you can go to FOS without a final response. If it is then they will no longer communicate with you are FOS are now dealing with it.

As regards the courts, there are lots on here that have used them and won before it got to court but then i again I do know a couple that did not. If you look at the PPI reclaiming part 2 and 3 this is the place where you will find them more than here.

BigNige

marshallka wrote: »

I hate to be the bearer of even worse news but the FOS are taking between 12/18 months now.

When you say you have been waiting for 6 months for your bank to reply is this the one you have submitted to FOS as you only have to give them 8 weeks and then you can go to FOS without a final response. If it is then they will no longer communicate with you are FOS are now dealing with it.

As regards the courts, there are lots on here that have used them and won before it got to court but then i again I do know a couple that did not. If you look at the PPI reclaiming part 2 and 3 this is the place where you will find them more than here.

I submitted initial complaint to bank in Feb 09 ad gave them 8 weeks to respond. They wrote back after 6 and said there would be a delay of 4 weeks. They have sent monthly letters extending the delay, so the its now July and the bank are nowhere near fixing the problem.

I sent a complaint to the FOS in May 09, after 12 weeks of waiting for a resolution from my bank.

Thanks for the tip about reclaiming part 2 and 3 threads!

marshallka

BigNige wrote: »

I submitted initial complaint to bank in Feb 09 ad gave them 8 weeks to respond. They wrote back after 6 and said there would be a delay of 4 weeks. They have sent monthly letters extending the delay, so the its now July and the bank are nowhere near fixing the problem.

I sent a complaint to the FOS in May 09, after 12 weeks of waiting for a resolution from my bank.

Thanks for the tip about reclaiming part 2 and 3 threads!

Ok, so if this is now with the FOS the bank will not usually communicate with you now. They will however communicate with the FOS and like I said in previous post, this is taking more like 12/18 months now for complaints. I take it from the FOS telling you 3 to 4 months this is what it will be but I would certainly give them a nudge and check again as most on here are waiting the longer time unless the FOS have been given an offer by the company.