Please Help!!! Unusual PPI request

kofi1981

Hi,

I originally claimed for my PPI refund to the HSBC back in early 2009. HSBC then refused this particular claim. Due to life's pressures and moving house i only went to the financial ombudsman regarding the matter in late 2010. I in turn received a letter back from the ombudsman saying that I couldn't claim my PPI as I did not respond within 6 months. They did however say that if I have particular extreme circumstances to why I didn't respond then I could possibly claim something.

I feel that even though it did take me some months to appeal it shouldn't exclude me from claiming back from what is rightfully mine. Please can someone help regarding this as I have looked up and down the forums on here and not really found a similar case like mine.

Thanks

P

dunstonh

I feel that even though it did take me some months to appeal it shouldn't exclude me from claiming back from what is rightfully mine.

1 - its not rightfully yours. At this stage you have an opinion it is but nothing proven on that.

2 - if you feel that strongly about it why didn't you take it to the FOS within 6 months. You are warned you have 6 months.

Please can someone help regarding this as I have looked up and down the forums on here and not really found a similar case like mine.

its been posted plenty of times although searching on this board isnt always easy.

The 6 month rule is a time bar and time bars are used in law all the time. The FOS typically only overrule it when you have significant reasons for delay. Typically this means being in hospital for all the period of the delay or something like that.

Basically, you need to have a reason that takes up virtually all of the period that you delayed waiting to go to the FOS. Statistically, the FOS only overrule it on a very small number of cases. Your reason would not be considered important enough as they are the sort of things that people do all the time.

roonaldo

kofi1981 wrote: »

I feel that even though it did take me some months to appeal it shouldn't exclude me from claiming back from what is rightfully mine.

PPI is not illegal and not refundable. If it were found to be mis-sold to you then you would be entitled to your premiums refunded with interest.

magpiecottage

HSBC will have shown FOS that you were told, in writing, that you must complain within six months.

They will also have given you a booklet which tells you that you can simply ring FOS and they will complete it over the phone then post it for you to sign and return if you prefer.

You were perfectly within your rights to decide that other things were more important than pursuing your claim but you cannot then expect the rules to be changed to suit your particular priorities.

"Exceptional circumstances" means "was physically not able to complain sooner" not "was not sufficiently bothered to complain sooner".

src007

kofi1981 wrote: »

i only went to the financial ombudsman regarding the matter in late 2010. I in turn received a letter back from the ombudsman saying that I couldn't claim my PPI as I did not respond within 6 months.

Had you used a claims company you may have got the money back because they would have adivsed you to got to FOS within the 6 months. I'm only stating this as a fact.

Sadly there's not alot that can be done now, as you had the six month window which is now closed. At least you saved a claims companies 25% fee. :rotfl:

magpiecottage

src007 wrote: »

Had you used a claims company you may have got the money back because they would have adivsed you to got to FOS within the 6 months.

I don't see why.

OP was provided with a very clear booklet which says categorically "You will need to refer your dispute to us within six months of the date of the 'final response' letter you get from the firm you are complaining about" and a final response letter which confirmed it the time limit.

And as I say, FOS would complete the form for them if they wished.

So there is no guarantee they would have doen it anyway.

I'm only stating this as a fact.

I have also seen an ambulance chaser fail to get a case to FOS in time with the result that the firm successfully timebarred.

I realise it is not common but it is not a fact that they always do it.

src007

Some people are intimidated by an offical sounding organisation like the 'Financial Ombudsman Serivce' and need encouragement to go there.

Some people don't feel they have a case if the bank write back with a long letter saying they have not grounds to complain (even though for 75% of rejected PPI complaints that have gone to the FOS, the lender is wrong).

These are just facts about the way in which people think.

magpiecottage

src007 wrote: »

Some people are intimidated by an offical sounding organisation like the 'Financial Ombudsman Serivce' and need encouragement to go there.

Some people don't feel they have a case if the bank write back with a long letter saying they have not grounds to complain (even though for 75% of rejected PPI complaints that have gone to the FOS, the lender is wrong).

These are just facts about the way in which people think.

They are just your perceptions, not facts.

Anyway, the OP does not list them as reasons for not going to FOS sooner - simply that they decided other things were higher priorities for them.

marshallka

I think the OP listed that lifes pressures (which could be something which they do not want to state on a open forum!) AND moving house which is stressful in itself so I hardly think that they thought "other things were higher priorities". Moving house could have been because of spiralling debt (although the OP has not said that) or loss of a loved one or divorce.... we should not assume here perhaps! Its often not that something is put higher on a list of priorities, its needs and musts and a roof over your head is priority I would think.

src007

http://www.myfinances.co.uk/insurance/2009/09/30/lenders-told-to-reopen-185-000-ppi-cases

Why do you think people have thrown away millions of pounds in potential mis-selling complaints by not going to the FOS?

The article above from 2009 says that (at that time) only 16% of complaints went to the FOS.

Do you really think that people just can't be bothered to collect those £1000s of pounds? :rotfl::rotfl:

marshallka

src007 wrote: »

http://www.myfinances.co.uk/insurance/2009/09/30/lenders-told-to-reopen-185-000-ppi-cases

Why do you think people have thrown away millions of pounds in potential mis-selling complaints by not going to the FOS?

The article above from 2009 says that (at that time) only 16% of complaints went to the FOS.

Do you really think that people just can't be bothered to collect those £1000s of pounds? :rotfl::rotfl:

SO what are you saying here src007?