FOS unable to look at my case... is there anything else that can be done??

lil_redhead

Catalogue of events: -

13 Feb 08 - 1st letter to bank re PPI.
13 Mar 08 - Bank reply looking into complaint.
10 Apr 08 - 2nd letter to bank.
May 08 - Announcement from Court of Appeal all cases on hold.

Jul 09 - Court rules in consumers favour.
Aug 09 - Letter to bank asking for update since announcement.
Sep 09 - Bank write stating letter sent dated 9 Apr 08 advising PPI not mis-sold & if wish to refer to FOS then do so within 6 months (by Oct 08).
9 Oct 09 - Letter to FOS advising never in receipt of 9 Apr 08 and to please investigate.

26 Feb 10 - Adjudicator advising case not being investigated due to objection from bank and 6 month deadline expired Oct 08. Adjudicator continues to say although I claim having not received 9 Apr 08 letter bank have no record of it being returned and letter displays correct address therefore 'probable' it was delivered.

FOS have given me until 12 March 2010 to advise of any exceptional circumstances for not having got in touch within the 6 month deadline. How frustrating, I did not know there was a 6 month deadline as I NEVER got the letter! Is there anything I can do?

di3004

Hi there

So sorry to hear this.

If there was a reason why you could not continue with this within the 6 months timescale, it could be any particular reason of why you did not continue in that time, maybe a final letter was not received from the bank which did not mention anything about the FOS.

If some priority issues arised in that time, such as emergencies within close family members, where maybe most of your time have been taken dealing with these matters, or hospital/illnesses and so on etc.


I note you have wrote for SEPT 09, the bank stated letter dated 9 April 08 and to refer to the FOS, do you remember if they did send you that final letter?
If not then let the FOS know this, that it was only in Sept 09 you were told about a letter sent out in April 08 of the final response.

Because if this is the case and you did not receive the final letter as the bank stated, then you were not to know of the FOS at the time.

Hope this helps and gives you some idea, good luck with this.;)

dec22

It might be worth writing the bank concerned and asking them to review your claim. There was an article released by the FOS saying that they had requested certain institutions review all the rejected complaints. Are there any new facts that have to come to light re your claim that you could also ask them to look into afresh?

From reading your post it appears that it was a media article that reminded you that you had not received a response, also probably worth mentioning to help explain the delay in querying it.

If you can find the article regarding reviewing all complaints and send it along with your letter, it might help your case.

Then it might be worth a try going back to the FOS with these facts and appealing to them as well.

Other than that I'm not sure there is much more you can do as there is a long gap between the letter being sent and you realising that you have not had a response.

Good luck!!

marshallka

lil_redhead wrote: »

Catalogue of events: -

13 Feb 08 - 1st letter to bank re PPI.
13 Mar 08 - Bank reply looking into complaint.
10 Apr 08 - 2nd letter to bank.
May 08 - Announcement from Court of Appeal all cases on hold.

Jul 09 - Court rules in consumers favour.
Aug 09 - Letter to bank asking for update since announcement.
Sep 09 - Bank write stating letter sent dated 9 Apr 08 advising PPI not mis-sold & if wish to refer to FOS then do so within 6 months (by Oct 08).
9 Oct 09 - Letter to FOS advising never in receipt of 9 Apr 08 and to please investigate.

26 Feb 10 - Adjudicator advising case not being investigated due to objection from bank and 6 month deadline expired Oct 08. Adjudicator continues to say although I claim having not received 9 Apr 08 letter bank have no record of it being returned and letter displays correct address therefore 'probable' it was delivered.

FOS have given me until 12 March 2010 to advise of any exceptional circumstances for not having got in touch within the 6 month deadline. How frustrating, I did not know there was a 6 month deadline as I NEVER got the letter! Is there anything I can do?

I don't understand about the court of appeal bit above? Were all PPI cases put on hold then?

dunstonh

There was an article released by the FOS saying that they had requested certain institutions review all the rejected complaints.

When a firm has been found to be rejecting cases incorrectly the FSA (not the FOS) will instruct the firm to review all cases checked prior to that point (it may be an individual checkers cases or it may be all cases depending on the problem).

I don't understand about the court of appeal bit above? Were all PPI cases put on hold then?

No. There has been no ruling by the courts on PPI. Only thing I can think of is this is an attempt at unenforceable credit and the fact there is PPI is incidental.

FOS have given me until 12 March 2010 to advise of any exceptional circumstances for not having got in touch within the 6 month deadline. How frustrating, I did not know there was a 6 month deadline as I NEVER got the letter! Is there anything I can do?

The 6 month deadline is mentioned in the deadlock letter from the firm and the guide about the FOS.

The FOS will only overrule the 6 month rule if you have good grounds. Typically that means being in hospital for most of that period. It is not overruled easily.

lil_redhead

In my letter to the FOS in October last year. I categorically stated I did not receive the bank's 9 Apr 08 letter stating the 6 month deadline... if I had then I would have acted upon it but because I didn't receive it... I didn't.

It was only from the bank's letter in Sep 09 that I was made aware so my next step was the FOS. I have been waiting since Oct 09 for their result which I have just received 26 Feb 10.

The adjudicator states unable to deal as the bank have OBJECTED for them to look into the complaint as the 6 month deadline has more than passed. The adjudicator states the Ombudsman's stance will more than likely be that as the bank have no record of the 9 April 08 letter being returned and for the fact that the bank have correctly displayed my address then it is 'probable' the letter was delivered.

I have been through and through all of my paperwork... I can't stress how much of a hoarder I am and this letter definitely was not received by me.

What is really frustrating is my loan has just finished, I had a loan with them previous to this 1 and both times they had PPI. I work for the civil service and have always had redundancy, sickness benefits and yet the bank's financial advisor insisted I take out PPI as the loan amount was huge and he said if I didn't it would more than likely be declined. I was in complete dire straits and close to defaulting which is something that is completely frowned upon at my work. I have conveyed this all to the FOS however it appears they haven't even got that far due to this 6 month deadline... which again... I did not know about!

Since Jan 05 I have been working between 80 - 100 hours overtime per month to ensure I keep my head above water. Summer last year I was diagnosed with hypermobility syndrome by my doctor and that my job was no good for my condition. He instructed I contact my occupational health and request redeployment. I have gone against the doctors advice due to my finances, I have not disclosed any of this to work but except commenced a secondment which has at this time improve my quality of life. This secondment comes to an end in May.

I saw the article re cases on hold from 1 of martin's emails and it was in May 08. I will have a search on the web.

lil_redhead

:(:(:(:(:(:(:(:(:(:(:(

marshallka

You may have read about bank charges being on hold perhaps. DOn't really know much about them but I don't think PPI has ever been on hold???