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PPI Reclaiming Discussion part 4

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Comments

  • di3004
    di3004 Posts: 42,579 Forumite
    elles wrote: »
    Anyone have any experience of having to write to their bank when they haven't heard back from them after the ombudsman has made their final decision and the alloted time period has passed? The letter from the ombudsman says I have to contact the bank directly, any advice would be most welcome.

    Hello and welcome.

    So your complaint is with the FOS and the bank have ignored their decision?
    I take it this is with the adjudicator then?

    If the bank ignore the adjudicators decision, then normally within a timescale given, if they do not get back by that date the adjudicator requests for, your case should be moved on to the ombudsman himself where they then investigate your complaint, approx 9/10 the ombudsman goes by the adjudicators decision.

    There have been many who have been through this, the FOS should advise you where they will take this from here.
    Good luck and hope you hear very soon with some good news.;)
    The one and only "Dizzy Di" :D
  • di3004 wrote: »
    Hello and welcome.

    So your complaint is with the FOS and the bank have ignored their decision?
    I take it this is with the adjudicator then?

    If the bank ignore the adjudicators decision, then normally within a timescale given, if they do not get back by that date the adjudicator requests for, your case should be moved on to the ombudsman himself where they then investigate your complaint, approx 9/10 the ombudsman goes by the adjudicators decision.

    There have been many who have been through this, the FOS should advise you where they will take this from here.
    Good luck and hope you hear very soon with some good news.;)


    Thanks for the welcome, my claim has passed through the adjudicator and the ombudsman has made his decision which was in my favour and I posted back my acceptance of the decision. I was informed that I should here back from the bank within four weeks, that the case was closed with the ombudsman and if I hadn't heard back from the bank then I should contact the bank directly?
  • di3004
    di3004 Posts: 42,579 Forumite
    elles wrote: »
    Thanks for the welcome, my claim has passed through the adjudicator and the ombudsman has made his decision which was in my favour and I posted back my acceptance of the decision. I was informed that I should here back from the bank within four weeks, that the case was closed with the ombudsman and if I hadn't heard back from the bank then I should contact the bank directly?

    Your welcome.;)

    Arh right now I see what you mean.

    This is happen to me with one of mine, after signing and accepting, again on that one 2 years ago.
    It was something like Oct 2007 we signed and it was not until Jan 2008 we received the refund, however the FOS still intervened, when they say close I assumed this would mean when you have finally received your payout, as I am aware that the ombudsman also receives the copy of the calculations as well, they did in my case where they noted I was not refunded all that was owed to me.
    Then they made contact to the business who then sent another cheque.

    I would in your case, write the bank a letter and ask them when you are expected to receive your refund, as you accepted and signed through the ombudsman, they should now oblige to this, and ask that they send you the payment by 14 days of your letter.
    (send your ombudsman a copy as well like I did).
    You can also mention on the letter that further action will be considered if you do not receive your refund by (give them a date).

    When I wrote 14 days, think if I remember correctly it was either by the 10th or 12 days of sending that letter we received the refund.

    Hope this helps.;) Good luck.
    The one and only "Dizzy Di" :D
  • Thanks, will give it a try.
  • putty71
    putty71 Posts: 252 Forumite
    The title says it all.

    If I request a CCA and it turns out to be non binding, ie that they cannot enforce it, does this affect my claim to them for PPI and charges? I understand that I would not have to pay them although it would show on my credit file but would my claim then be considered null and void?

    If I have anone binding CCA and say £4000 of debt against the card, my claim is worth say £1000, would it be worth offering this as full and fianl settlement and request that they remove the default?

    Could I please have some useful advice here?

    Thanks:confused:
  • marshallka
    marshallka Posts: 14,585 Forumite
    putty71 wrote: »
    The title says it all.

    If I request a CCA and it turns out to be non binding, ie that they cannot enforce it, does this affect my claim to them for PPI and charges? I understand that I would not have to pay them although it would show on my credit file but would my claim then be considered null and void?

    If I have anone binding CCA and say £4000 of debt against the card, my claim is worth say £1000, would it be worth offering this as full and fianl settlement and request that they remove the default?

    Could I please have some useful advice here?

    Thanks:confused:
    Putty, you would be best asking this on the loans thread perhaps.
  • :hello: :question:

    Does anyone have any idea what the payment time scale is for Black Horse to issue cheque after offer letter has been accepted?


    :money:
  • 218bhp
    218bhp Posts: 74 Forumite
    Has anyone had any luck with the FLS (rather than the FOS)?? I took out a loan in 2004 that I am disputing the PPI on. The lender suggests I go to the FLA if I'm not happy with the outcome.
  • di3004
    di3004 Posts: 42,579 Forumite
    218bhp wrote: »
    Has anyone had any luck with the FLS (rather than the FOS)?? I took out a loan in 2004 that I am disputing the PPI on. The lender suggests I go to the FLA if I'm not happy with the outcome.

    Hi there
    I don't think there is a high rate of success with the FLA, but there is no harm in asking them.
    If not then still ask the FOS, as some they do sometimes consider looking at these older cases in regards of maybe taking other directions, for example due to one of my loans, they were not governed when I taken out the loan in 2004, so the FOS are looking at this through the underwriter insurer side of it who were regulated.

    Good luck with either direction you take.;)
    The one and only "Dizzy Di" :D
  • marshallka
    marshallka Posts: 14,585 Forumite
    di3004 wrote: »
    Hi there
    I don't think there is a high rate of success with the FLA, but there is no harm in asking them.
    If not then still ask the FOS, as some they do sometimes consider looking at these older cases in regards of maybe taking other directions, for example due to one of my loans, they were not governed when I taken out the loan in 2004, so the FOS are looking at this through the underwriter insurer side of it who were regulated.

    Good luck with either direction you take.;)
    Well some ought to make complaints about the FLA not doing their job. I was wondering about this as their members had a code to follow didn't they and they don't really bother to try to help and should. What was the point of it?
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