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Does anyone know?

Does anyone know whether in the light of the judicial review a company that has been subject to an ombudsman's final and legally binding decision on mis-sold PPI is still legally bound to pay up please?

Also, would a waiver make any difference to such a case?

I have asked the FOS and they say 'yes' but as more and more companies seem to be putting all claims on hold regardless of the status of the claim and despite the FOS and FSA guidelines, I'm not convinced :(

Searching the internet it seems impossible to find an answer to this query.

The company in question (which is actually a broker not a bank) has only recently agreed to refund, despite it being several months since the ombudsman ruled in my favour and the decision became legally binding.

Many thanks,

LL x
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Comments

  • marshallka
    marshallka Posts: 14,585 Forumite
    I would perhaps ask the courts? Its like having a judgement against someone isn't it. You just need to enforce it.
  • liberty_lily
    liberty_lily Posts: 596 Forumite
    Part of the Furniture 500 Posts Name Dropper Photogenic
    edited 12 October 2010 at 6:55PM
    marshallka wrote: »
    I would perhaps ask the courts? Its like having a judgement against someone isn't it. You just need to enforce it.

    Hi Marshallka :)

    Thank you - yes, it just has to be enforced as you say. I think you're right - contacting the courts is probably the only way to get a definitive answer on this one............

    Will do that tomorrow and let you know what they say.

    LL x
  • di3004
    di3004 Posts: 42,579 Forumite
    Hi Marshallka :)

    Thank you - yes, it just has to be enforced as you say. I think you're right - contacting the courts is probably the only way to get a definitive answer on this one............

    Will do that tomorrow and let you know what they say.

    LL x


    Good luck LL X;)

    Di
    X
    The one and only "Dizzy Di" :D
  • Spud63
    Spud63 Posts: 117 Forumite
    Good luck from me too LL

    Keep us posted :)

    Clare
  • Hi Di and Clare :)

    Thanks for your continued good wishes!

    I contacted my local court today regarding enforcement - just in case it becomes necessary to go down that path.

    Despite explaining quite clearly that this was a final decision by an ombudsman which was therefore legally binding and merely required enforcing, they told me I needed to file an N1 - which I know is not right. When I tried to explain this they said court staff have no legal training and couldn't advise :(

    Regarding the question of whether the judicial review would affect enforcing my claim, they had no idea...............

    Am now going to try contacting the community legal service in the hope that they can advise.

    In the meantime hopefully the cheque will arrive so there will be no need for further action.

    LL x
  • blakeney
    blakeney Posts: 60 Forumite
    hi liberty lily well its the 15th did norton keep there word sue
  • Spud63
    Spud63 Posts: 117 Forumite
    blakeney wrote: »
    hi liberty lily well its the 15th did norton keep there word sue

    Oh yeah it is the 15th ? Did they LL ? Maybe the 15th is the date they issue the cheque and it will be in the post right now winging its way to you !!!!

    Fingers crossed.

    Clare x
  • Spud63 wrote: »
    Oh yeah it is the 15th ? Did they LL ? Maybe the 15th is the date they issue the cheque and it will be in the post right now winging its way to you !!!!

    Fingers crossed.

    Clare x

    Hi Clare and Sue :)

    No, nothing as yet...........am going to give them till tomoz before chasing/starting enforcement proceedings :mad:

    Thanks for your continued support and interest!

    Any news on yours btw?

    LL x
  • blakeney
    blakeney Posts: 60 Forumite
    Have been told everything on hold mind norton did not need much excuse sue
  • Spud63
    Spud63 Posts: 117 Forumite
    Hi Clare and Sue :)

    No, nothing as yet...........am going to give them till tomoz before chasing/starting enforcement proceedings :mad:

    Thanks for your continued support and interest!

    Any news on yours btw?

    LL x

    Hi LL,

    Mmmm no suprises there I guess, though how disappointing !

    Please do let us know how you get along chasing them, hopefully you'll get to speak to the person who told you the 15th !!! and see what excuses they give you.

    FOS have told me business as usual and I am trusting in their judgement to push Norton for a response and speedy resolution (won't be hold my breath though)

    Good luck for tomorrow.

    Clare x
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