PPI Reclaiming Discussion part 4

marshallka

FOS looks at complaints going back further than 6 years if you only just became aware of the complaint. This overrules the limitations act but to use this one the company still has to have been a member of the GISC or the other of the eight schemes that were around before the Ombudsman as we know it now which were

The new Financial Services Ombudsman Scheme will bring together The Banking Ombudsman; The Building Societies Ombudsman; The Investment Ombudsman; The Insurance Ombudsman; The PIA Ombudsman Bureau; The Personal Insurance Arbitration Service; The SFA Complaints Bureau and Arbitration Service; The FSA Independent Investigator.

You can still use the courts though if they were not. There is also a 3 year rule in that some companies will write

This is where you should have reasonabily been aware and they can use this against you too.

Time runs from different dates depending upon the cause
of action. For example, in a claim for negligence time
will usually run for 6 years from the date when the
negligent act or omission complained of occurred.
However, in a contract claim the 6 years will run from
the date when that the contract was breached


In respect of negligence and contract claims, it is
possible to bring a claim outside the 6 year limitation
period if the damage complained of was not discovered
by you until after the expiry of the 6 year limitation
period. This is known as "latent damage". In such
circumstances a claimant has 3 years from either the
date of knowledge of loss or the date when he ought
reasonably to have known of his loss. What constitutes
"ought reasonably to have known" is something that
depends on the circumstances of the case, and you
should take specific advice on that

maxdp

You welcome Showergirl. We are here to help in any way we can:D

marshallka

showergirl wrote: »

I took out the loan in 2003 so do you think my claim will be dealt with quicker or do I now just play the waiting game. Will let you know if I here any more. Glad you are ALL hear with your advice I would be lost without you

It would not be any quicker really showergirl being honest as although you took this 2003 you could use the courts and the dates being 6 years since it finished. Lets hope the Ombudsman gets more staff again.

showergirl

marshallka wrote: »

It would not be any quicker really showergirl being honest as although you took this 2003 you could use the courts and the dates being 6 years since it finished. Lets hope the Ombudsman gets more staff again.

Thanks for your help and advice. I suppose I will just have to wait and see what the ombudsman has to say. Lets hope they do get more staff and everyone can get a result quickly.

Take care

showergirl

maxdp wrote: »

You welcome Showergirl. We are here to help in any way we can:D

Thanks. No doubt I will be needing your help in the coming months.

Take care

wj209980

maxdp wrote: »

OK WJ best to check just to be double sure because that could back your claim up as in you may have been covered so would not have taken out more PPI because it was not needed.;) Also lots of people are adequately covered with the jobs as well.

It seems that if I was sick I would have a minimum of 3 months pay, and up to 6 at the discretion of the company.

Is this another valid argument? Is it something I should be stating to them?

If I do have income protection with my mortgage, then not only would I be covered if I lost my job from that, i'd also be covered by work if I went off sick, so it seems I'm covered all around really!

maxdp

Hi WJ

That is my point. You can look at this in two way firstly that you willingly took out PPI on everything being the first way. (although this was usually forced to take out or sneeky adding of PPI). The second way is that If you were adequately covered in other ways that could add to your case. Find out all policy no's etc and add this all into your communication to them.

Always give them information that helps you not them;)

suckers2008

Quick one - I was going to cancel my PPI then I lost my job
The day I joined they announced that 650 people would be made redundant I thought I woudl defo go but 2 months later found out I would be staying then another 2 months later they told me I woudl not be passing my probation perido so I thought Shitzer I will claim on my PPI
I went to the job centre weeks ago and today I received the forms for the PPI claim- problem is I told the job centre I was made redundant and PPI and the forms contain a part for my old employer to fillin - I have told them that I doubt I can get them to fill it in as we left on bad terms and they said they would send my old employer the forms themselves!

Help they will then find out I didnt pass my probation what do I do?

suckers2008

My flat is up for sale at the moment and it takes 60 days from the start of the claim shall I just cancel the PPI and go down the route of trying to reclaim it as I havebeen paying £90 a month for nearly 3 years!

maxdp

suckers2008 wrote: »

My flat is up for sale at the moment and it takes 60 days from the start of the claim shall I just cancel the PPI and go down the route of trying to reclaim it as I havebeen paying £90 a month for nearly 3 years!

Hi Sucker2008

Am so sorry to hear about your problems at the moment.

Right firstly, As far as I am aware although I am no expert. Why would it matter why you left. You were not sacked. You did not do anything illegal. As far as I understand they terminated your employment.

Is this what you are saying. If you did leave on bad terms they cannot stop filling in your form. If the Job Centre are sending the forms on hopefully they will fill them out.

If you go down the claim back route. You have to find reasons to have been miss-sold and this could go on for over a year.

Can you be a bit more specific about how you left on bad terms.

Would if be fair to assume that perhaps you did not pass your probabtion period because they may have had to get rid of you anyway. It is easier to get rid of somebody in their probationary period than once they have a contract.