Bank of scotland

sicktothestomach

hello all! i have been reading the posts on this forum for a while and am heartened by the success stories. of course i need a bit of advice. i had a bos preference account card for 10 years just paid it off in april 2011.there was ppi on the card at 23.9% interest. i phoned bos on the 13th june 2011 to lodge a complaint as i hadnt even known i was paying ppi. received a letter on 24th june saying they were investigating and would respond within 16 weeks in line with fsa regs. naturaly i didnt hear anything so i phoned at the end of the 16 weeks and was told it as with calculations and i was getting full redress. my problem is that i have had no communication from them regarding this. no letter just over the phone. i phoned again today and was told no update still with calculations,and i asked if i could have something in writing. guy told me they are just telephone operators and dont send letters! where do i go from here?

smitchy73

Some of the others might know better in regards to the telephone lodging of the complaints, I sent my FOS questionnaire into them and received acknowedgement letter but thats all, they have till the end of October with my claim. We'll just have to wait and see.

I can't see them telling you it's with calculations if it wasn't they don't tend to do that, I think they would either tell you they had no record or it was still being looked at.

I think some of the others may have a customer service email, you could email them with your reference number, even phoning them and making sure they have your correct address etc(if you've moved at all in the history of the card).

See what the others say as well.

sicktothestomach

thankyou so much for responding. would be great if i had an email address to contact them on.will keep you up to date.

magpiecottage

How could you not know you had cover? - it would have been on your statement each month.

smitchy73

But magpie, you know what alot of people are like, we dont read the paperwork properly, we see the payment and make the payment, we sign the loan papers without reading the fine print, or listening to the lies of the salesperson who says that you really need to take the insurance or they'll reject the loan application even though on the paperwork it says 'optional'.

I am guilty of it, and i'm pretty sure everyone who's ever had ppi is guilty of it, just some of us have a good reason to claim it back as a mis-sale.

Just to add, I know what you're saying, I told my Oh to cancel the ppi on her cc and it was another year before she did it!

sicktothestomach

sounds just like me smitchy73! thanks for not making me feel stupid!

moggy2009

sicktothestomach wrote: »

hello all! i have been reading the posts on this forum for a while and am heartened by the success stories. of course i need a bit of advice. i had a bos preference account card for 10 years just paid it off in april 2011.there was ppi on the card at 23.9% interest. i phoned bos on the 13th june 2011 to lodge a complaint as i hadnt even known i was paying ppi. received a letter on 24th june saying they were investigating and would respond within 16 weeks in line with fsa regs. naturaly i didnt hear anything so i phoned at the end of the 16 weeks and was told it as with calculations and i was getting full redress. my problem is that i have had no communication from them regarding this. no letter just over the phone. i phoned again today and was told no update still with calculations,and i asked if i could have something in writing. guy told me they are just telephone operators and dont send letters! where do i go from here?

Good afternoon i have had exactly the same response today whats going on?:(

sicktothestomach

i dont know i will ring back again on friday see if any update

magpiecottage

smitchy73 wrote: »

But magpie, you know what alot of people are like, we dont read the paperwork properly

That is, I am afraid, YOUR fault.

[/quote]we see the payment and make the payment,[/quote]

So is that

we sign the loan papers without reading the fine print,

That too

or listening to the lies of the salesperson who says that you really need to take the insurance or they'll reject the loan application even though on the paperwork it says 'optional'.

If they did lie but can you prove it? Or did you simply not listen to what they really said, either.

[quoteI am guilty of it, and i'm pretty sure everyone who's ever had ppi is guilty of it[/quote]

What you are describing is a mispurchase (the purchaser's fault) not a missale (the seller's fault).

Just to add, I know what you're saying, I told my Oh to cancel the ppi on her cc and it was another year before she did it!

In which case, even if the original purchase was a missale the firm would be entitled to cap its losses at that point on the grounds that failure to mitigate the loss was her fault. (Although it would then be for the firm to show demonstrate the failure to mitigate which would, even if it could be done, would probably cost more than they would save, so I doubt they would even consider it).

The point is that a firm should only be responsible for the reasonably foreseeable consequences of its own failures, not those of the customer and the customer remains responsible for making a reasonable effort to understand the product they are purchasing and, if they find something has gone wrong, taking reasonable steps to minimise their losses.


The bottom line for the OP is that the bank seems to be entitled to argue that this payment has been charged for 10 years and the OP ought therefore to have noticed it sometime in 2001. They then had 3 years from when they ought first to have noticed it (which would have expired in 2004) or 6 years from when the event occurred - i.e. the policy was first set up (which would have expired in 2007) to make a complaint.

They therefore seem within their rights to timebar. Whether they will exercise that right or not, I do not knew but, as I say, they seem entitled to.