Nat West C/Card & the FOS

Gezza09

Hi everyone
I have a claim lodged with the FOS since Oct2009 with regards to my Nat West credit card PPI that I am paying (still paying) since 2001. A very nice man from the FOS called me this morning, he is my adjudicator and he says that Nat West have told the FOS that they have no jurisdiction regarding my claim but what does this mean exactly??? The FOS are intending to refute their claim which will take another few months I guess for Nat West to reply. Anyone experienced similiar, if so, how have you progressed???

di3004

Gezza09 wrote: »

Hi everyone
I have a claim lodged with the FOS since Oct2009 with regards to my Nat West credit card PPI that I am paying (still paying) since 2001. A very nice man from the FOS called me this morning, he is my adjudicator and he says that Nat West have told the FOS that they have no jurisdiction regarding my claim but what does this mean exactly??? The FOS are intending to refute their claim which will take another few months I guess for Nat West to reply. Anyone experienced similiar, if so, how have you progressed???

Hi there

I'm sure the FOS will sort this out for you.

I may be wrong but it seems that it could be the case of then not wanting to deal with it as being an old case, but I assume with the bank being members of GISC prior to the FSA who taken over in Jan 05, the FOS will be able to investigate this for you.

I have has successful complaints in regards of the bank LLoyds that was resolved through the FOS, on a 2001 credit card account, do not worry.
And contact the FOS maybe in the next week or 2 for an update.

There is some info on Martin's link about this, but do not worry I'm sure it will be ok.

http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

How far back can you go?
Before starting, it's important to see if your claim is valid.

• Did your policy start in the last six years?
  If your policy started in the last six years, whether you're still using it or not: Reclaim and ask your lender for a copy of the paperwork if you no longer have it.
• Is your policy older but still active or ended in the last six years?
  If your policy started over six years ago and you are either still using it, or it ended within the last six years: Reclaim and ask your lender for a copy of the paperwork if you no longer have it. Your chances of success may be reduced if you have been aware of the misselling for some time, you have already complained or your account is very old.
• Is your policy older?
  If your policy ended over six years ago and you have the paperwork: Reclaim, although your chances of success are reduced, as it will depend on what you can remember about the sale.
  If your policy ended over six years ago and you do not have the paperwork: It's unlikely there will be records and unlikely the reclaim will be successful.

CaveCash

I think in essence Natwest are using the Mortgage Endowment style time bar rules,which basically (as di says) you have six years from taking the product out or 3 years from when you found there was a problem to put a complaint in

Gezza09

So then Cave Cash, does that mean I don't stand a chance?? I have all the policy details which I sent off to the FOS last month. I have already spent 9mths exchanging letters with Nat West (who are also my bankers) they replied with saying 'go away' it was only thru this website that I found out about PPI and have been very successful with Capital 1; Egg; First Plus and Alliance & Leic. gotta keep at it I guess but thanks fror your comments

Gezza09

Rec'd letter from FOS yesterday who state they are unable to recommend that my complaint is upheld. Basis of this 'more likely than not that Nat West did explain the policy was optional' i applied over the internet and I signed the credit agreement to confirm I was taking PPI. FOS accept that Nat West may not have adequately explained the outgoing cost but even if they did FOS are not perusaded that I would have not taken out the policy. Please reply before July30th with additional evidence not already provided'
Gutted are what!!! This seems so unfair that I have paid all this premium over 9yr period and never claimed for something I never needed. The FOS did say before that they would ask the Nat West for screen copies of how I selected the PPI but never received these but FOS have decided or at least the adjudicator has...is this the end of the road???

di3004

Gezza09 wrote: »

Rec'd letter from FOS yesterday who state they are unable to recommend that my complaint is upheld. Basis of this 'more likely than not that Nat West did explain the policy was optional' i applied over the internet and I signed the credit agreement to confirm I was taking PPI. FOS accept that Nat West may not have adequately explained the outgoing cost but even if they did FOS are not perusaded that I would have not taken out the policy. Please reply before July30th with additional evidence not already provided'
Gutted are what!!! This seems so unfair that I have paid all this premium over 9yr period and never claimed for something I never needed. The FOS did say before that they would ask the Nat West for screen copies of how I selected the PPI but never received these but FOS have decided or at least the adjudicator has...is this the end of the road???

Hi there

Have you requested for a Subject access Request (SAR) at all?
Some info may come back that may help your case, they have 40 calendar days to comply, you enclose a payment of £10 cheque or postal order with this request.
Template letter here if your interested.
http://forums.moneysavingexpert.com/showthread.php?t=1475553

No I would not say its the end of the road, many online applications have still been successful and I note that lots have had that problem, when they've applied online the application would not move on to the following question or the next page if you did not accept, if this was the case for you then I would make the point of writing this down on another letter.

Keep at them, good luck.;)

Gezza09

Thanks Di. Am I not too late to ask for the SAR given that my complaint has reached the ajudicator stage with the FOS??

The ajudicator has asked for response before/on July 30th otherwise they will close it out. I must say that other cards obtained over the net at that time, I have had no problem reclaiming PPI. I am really disappointed with the FOS response so far which appears to be based on pure assumptions?? Not once during the 9mths of writing to Nat West did they ever confirm when my card was actually taken out or even the fact it was over the net. This has been told to me by the ajudicator. I am still paying the premiums as i feared it my jeopardise by claim if I stopped it....silly of me I know!!:mad:

di3004

Gezza09 wrote: »

Thanks Di. Am I not too late to ask for the SAR given that my complaint has reached the ajudicator stage with the FOS??

The ajudicator has asked for response before/on July 30th otherwise they will close it out. I must say that other cards obtained over the net at that time, I have had no problem reclaiming PPI. I am really disappointed with the FOS response so far which appears to be based on pure assumptions?? Not once during the 9mths of writing to Nat West did they ever confirm when my card was actually taken out or even the fact it was over the net. This has been told to me by the ajudicator. I am still paying the premiums as i feared it my jeopardise by claim if I stopped it....silly of me I know!!:mad:

Hi Gezza

Like banks to request for extra time, I am sure the FOS are able to consider extra time for you too, it works both ways in my opinion, you can tell them you are trying to collect further information together and ask if they could just give you a little longer to collect this, sometimes SAR info comes through before the 40 straight day timescale.;)

Gezza09

di3004 wrote: »

Hi Gezza

Like banks to request for extra time, I am sure the FOS are able to consider extra time for you too, it works both ways in my opinion, you can tell them you are trying to collect further information together and ask if they could just give you a little longer to collect this, sometimes SAR info comes through before the 40 straight day timescale.;)

FOS have wrote to me and will wait until info from the SAR request is rec'd, then they will pass my file to the ombudsman for final assessment. I am still shocked that the adjudicator has sided for Nat West.....are attitudes changing now in favour of the bankers???

di3004

Gezza09 wrote: »

FOS have wrote to me and will wait until info from the SAR request is rec'd, then they will pass my file to the ombudsman for final assessment. I am still shocked that the adjudicator has sided for Nat West.....are attitudes changing now in favour of the bankers???

Hi glad the fos have given extra time for you.

I can understand how annoying this can be, so lets hope now this will end up going in your favour, fingers crossed.;)