Black Horse / Welcome old PPI claims

robbiewilliams

I'm trying to reclaim PPI on an old loan taken out in 2001 and repaid in 2003. Have received a letter saying there is no documentary evidence to support my claim and that I was given the option to cancel. It also suggests that as my complaint is pre 2005 , the FOS won't consider. I will be contacting the FOS to see if this is the case. Can anyone advise on the best way to proceed here please?

I have had a similar response from Welcome about loans in 2000/2001 saying that they pre date FSA regulation. They also refer to 1980 Limitation Act, saying that courts would not be interested in the case due to length of time. Any advice gratefully received on this one aswell.

marshallka

Robbie, I have noticed someone had said that FOS was accepting complaints against BH now but really don't know how true this is or was?????? Have you asked them again lately? If they say no then probably the only option is the courts and don't 100% know (although i am looking up info on this) how to do it.

You probably need a solicitors advice on this other one with welcome and maybe wait for BH response too from FOS and get them to look at the two of them. There are some that would do this for free if you look on google using the access to justice scheme I think. Don't use any that take upfront fees. Its just a shame when we have to do this for the same complaints that the FOS are now looking into when we were all sold in the same fashion. We had no protection at all from the authorities by the looks of things when using unregulated firms.

tommy44

Hi Robbie

My loan with Black Horse was started in 2004. I made a complaint in May and got the usual letter back saying, "No" go away, you were'nt mis-sold etc etc, and you can't go to the FOS, because they weren't regulated in until 2005. I rang the FOS up and they told me that due to the huge amount of complaints regarding mis-sold PPI, the are now going to look at all complaints. This caused a lot of discussion on here, and the general feeling that "consider all complaints" might be a better phrase. However, the FOS did tell me that they were going to look at all complaints, but that does not mean that they will take all complaints on. That's my interpretation on the matter, for all it's worth.

I then wrote back to BH giving a more detailed breakdown of why I knew that I was mis-sold the policy, and told them that the FOS was looking at all complaints, plus the fact that I would take them to court failing the FOS involvement.

I got a letter on Friday morning and they have UPHELD my complaint.:j They also said that they had enclosed a copy of my rights to go to the FOS. They hadn't!!!!, there was no leaflet enclosed.

I am now waiting to see what they offer me although it looks good according to their letter.

I would go ahead with your claim, writing a detailed letter explaining why you feel that you have been mis-sold. Telling them that the FOS are now considering all complaints, and threaten them with court action. All you can do is be persistent, and don't give up hope. I thought I would have a longer battle on my hands. I wrote me first letter in May, and hope to have it resolved soon. Although I take nothing for granted with these matters, and might be back writing on here for more advice.

Regards.

marshallka

tommy44 wrote: »

Hi Robbie

My loan with Black Horse was started in 2004. I made a complaint in May and got the usual letter back saying, "No" go away, you were'nt mis-sold etc etc, and you can't go to the FOS, because they weren't regulated in until 2005. I rang the FOS up and they told me that due to the huge amount of complaints regarding mis-sold PPI, the are now going to look at all complaints. This caused a lot of discussion on here, and the general feeling that "consider all complaints" might be a better phrase. However, the FOS did tell me that they were going to look at all complaints, but that does not mean that they will take all complaints on. That's my interpretation on the matter, for all it's worth.

I then wrote back to BH giving a more detailed breakdown of why I knew that I was mis-sold the policy, and told them that the FOS was looking at all complaints, plus the fact that I would take them to court failing the FOS involvement.

I got a letter on Friday morning and they have UPHELD my complaint.:j They also said that they had enclosed a copy of my rights to go to the FOS. They hadn't!!!!, there was no leaflet enclosed.

I am now waiting to see what they offer me although it looks good according to their letter.

I would go ahead with your claim, writing a detailed letter explaining why you feel that you have been mis-sold. Telling them that the FOS are now considering all complaints, and threaten them with court action. All you can do is be persistent, and don't give up hope. I thought I would have a longer battle on my hands. I wrote me first letter in May, and hope to have it resolved soon. Although I take nothing for granted with these matters, and might be back writing on here for more advice.

Regards.

Thanks for posting this tommy, I am sure it has helped lots on here and well done for carrying it on.:beer:

robbiewilliams

Thanks very much Marshalka and Tommy, that's great. I will keep going and let you know!

marshallka

You're welcome Robbie. Just hope you get a good result with FOS. Please let us know.

robbiewilliams

Hi yes I will do. Do you know if it still matters whether the company was a member of the GISC? Does it have to have been a member from when you took out the loan and not subsequently?

marshallka

robbiewilliams wrote: »

Hi yes I will do. Do you know if it still matters whether the company was a member of the GISC? Does it have to have been a member from when you took out the loan and not subsequently?

I have no idea Robbie about this really. I just know from Tommy that and what he had posted on here. I wondered at the time if they were making Lloyds take responsibility for these complaints but only a notion here so do not quote me. I just know that you have nothing to lose by resubmitting it and I would also let BH know you are doing this too. It may make them change their minds?????? Extra Good Luck here on both;)

tommy44

Hi

I don't think BH were members of GISC or FLA back in 2004. I sense some hesitancy here Robbie, which I understand, I felt nervous too taking on the "BIG" boys. All I can say is give it a try like Marshallka says. You have absolutely nothing to loose and everything to gain. My approach in my letters was polite but firm, adding that I wanted to get my faith back on track with BH, and that they had an obligation to their customers to give back what was rightfully theirs.

Good luck and post on here, as their are some fantastic, well informed people.

Regards

robbiewilliams

OK thanks again Tommy and Marshalka. I'm just wanting to research as much as I can really, am pretty baffled by this whole thing! But I'm fired up and ready to respond to BH and Welcome.

robbiewilliams

FOS have confirmed that they will look at cases pre 2005 but action may be taken against the underwriter of the insurance rather than the loan provider. My Welcome letter did say FINAL response, does that definately mean final or is it worth responding to before going to FOS? Also they are not providing me with my loan agreements, even though I sent an SAR ages ago, they say the loan is too old. Is this likely to cause a problem?