Reclaim rejected as I approached the FOS after the 6 month ‘deadline’ - Help please

james35_2

Hi Forum, some advise please.

Reclaiming PPI from HSBC.

I approached the FOS after the 6 month deadline HSBC stated in their final letter declining my complaint. I have now received a letter from the FOS saying that HSBC have objected the FOS in pursuing my complaint as it is after this 6 months therefore the FOS cannot help me.

Is this the end of the road for me? Is this ‘6 months’ legally binding? I didn’t sign or agree to this, it was just stated by them. Is this 6 months law?

Also I still have my loan with HSBC and I’m now looking to transfer my loan to another lender. If I move it to another provider will this have any effect on this complaint?

Would really appreciate some advise

Many thanks
James.

di3004

james35 wrote: »

Hi Forum, some advise please.

Reclaiming PPI from HSBC.

I approached the FOS after the 6 month deadline HSBC stated in their final letter declining my complaint. I have now received a letter from the FOS saying that HSBC have objected the FOS in pursuing my complaint as it is after this 6 months therefore the FOS cannot help me.

Is this the end of the road for me? Is this ‘6 months’ legally binding? I didn’t sign or agree to this, it was just stated by them. Is this 6 months law?

Also I still have my loan with HSBC and I’m now looking to transfer my loan to another lender. If I move it to another provider will this have any effect on this complaint?

Would really appreciate some advise

Many thanks
James.

Hi James and welcome.

So sorry to hear this.
Unfortunately yes, there is a timescale of 6 months as from the final decision made from HSBC.
May I ask if HSBC sent you a final decision?
If so they should have mentioned about the FOS, if not then write back to HSBC and tell them you have not been issued with a final decision with details of the FOS, if this is the case.

The other way you could try if the above fails is write to them as a brand new complaint, again especially if you were not issued with a final letter with the details of the FOS.

However, if you do have reasons that stopped you from taking this complaint to the FOS within that timescale let them know and ask if they are able to reconsider due to your reasons, you may have had personal reasons for this.

Good luck, please keep us posted.;)

dunstonh

The FOS will overule the 6 month deadline if you have good grounds for delay. However, it should be noted that typically means you have been in hospital for most of that period or suffered a traumatic event which took over your life. They have to be very good grounds.

Starting a new complaint wont work unless their filing system is naff and they dont spot the previous complaint.

If the FOS dont allow the 6 month deadline to be overuled then its the end of the road as far as the free complaints process is concerned. Your only option after that is to consider court action but that comes with greater risk and potentially costs to you.

marshallka

Hi, if you have good reasons for the complaint not being sent in before the 6 months then it certainly should be overuled here. Di3004 did this and FOS accepted the complaint again so I think that if you need any more advice then perhaps she will be along to post.


Sorry, just seen you have already had reply from Di.:)

If you just say you have had more important things to deal with (family issues or illness etc) then they may reconsider. Sometimes they do ask for proof (I know someone posted they were asked for proof that they had visited the hospital 24/7 to visit a sick relative and also asked how long they had actually spent there etc) so if you enclose anything you can to prove you have not had any time to deal with your complaints it should be OK.

Good luck

james35_2

Hi, me again. I know this is an old complaint but thought I'd ask.

Following the banks High Court loss against the FSA to force banks to review past sales of PPI. Do I have a new case or will they be contacting me again?

Thanks in advance.
James

dunstonh

Following the banks High Court loss against the FSA to force banks to review past sales of PPI. Do I have a new case or will they be contacting me again?

There has been no high court case forcing banks to review past sales.

The only case regarding PPI was whether the bank could eliminate some groups of people from making future complaints (including complaints that were held up pending the outcome of the cast). It had nothing to do with past complaints that had been rejected.