PPI Claim

Big_Pellet

Received the following from Norton Finance:

We thank you for your correspondence the consumer questionnaire, received in this office today.

We would advise that the only loan we can trace for you is a loan you took out in September 2004. Therefore because the sale took place in September 2004 and we have received the complaint/claim more than six years after the sale the complaint/claim is outside the time limits for referral to the Financial Ombudsman Service.

We may therefore reject the complaint/claim without considering its merits, in accordance with DISP 1.6.2R and the relevant sections of DISP 1.8.1R, 2.6.1 R & 2.8.2 R of the FSA handbook.

Furthermore, at the time of the sale Norton Finance UK Limited was not regulated by the Financial Services Authority as an insurance intermediary and was not a member of the General Insurance Standards Council. Therefore the Financial Ombudsman Service may not consider your complaint/claim as it would fall outside their jurisdiction. However, the Ombudsman may waver the time limits in exceptional circumstances.

We would advise that this is our final response.

Should you issue court proceedings that we reserve the right to bring this letter to the attention of the court when the question of costs comes to be discussed.

What do I do now?

Big_Pellet

I have asked two different questions on separate occasions and not had a response. the only time I got a response was when my thread was hijacked by someone else.

As per my post above, what do I do now?

Thanks

BP

dunstonh

What do I do now?

Give up?

If you have no consumer protection due to time limits and who regulated the company at the time then your only alternative is court action. However, that is risky and likely to fail (even Black Horse who have a near 99% upheld rate at the FOS have won in court). If you go to court you have to prove your accusation. As most cant do that, you would almost certainly be told by a solicitor not to proceed.

src007

Big_Pellet wrote: »

what do I do now?

dunstonh wrote: »

If you have no consumer protection due to time limits and who regulated the company at the time then your only alternative is court action. However, that is risky and likely to fail (even Black Horse who have a near 99% upheld rate at the FOS have won in court). If you go to court you have to prove your accusation. As most cant do that, you would almost certainly be told by a solicitor not to proceed.

You could either get legal help or send the complaint to the Financial Ombudsman Service to see if they can pursue the underwriter.

Whilst Dunstonh is entitled to an opinion, I personally think its crazy to get legal advice from an internet forum from someone who doesn't know any of your circumstances. If you want legal advice you should go to a lawyer (with a good track record!).

The FOS can't take on the complaint on against Norton Finance however there is an outside chance that they could try to hold the insurance underwriter responsible. The underwriter is the company that actually set up the insurance itself (for example Aviva or in your case it sounds like Sterling Insurance Company?).

You could call the Financial Ombudsman Service about this as they're usually very helpful. But be prepared for a long wait if you go down that route and it could well end up unsuccessful.

Big_Pellet

Thanks both for replying.

I am still paying for the PPI as part of the loan repayments? Therefore, am I not able to claim back? Does this not count?

Big_Pellet

Why is it that other people have been successful with claims dating back to 2003, 2004 and even 1999 and I am unable to reclaim from Sept 2004?

is that it, I now give up (although I haven't really gained anything as I wasn't expecting it).

src007

Some organisations were signed up to an insurance 'code of conduct' during those years and others didn't.

I guess the lesson is, to make sure you go with accredited organisation when you buy something.

The banks were signed up to GISC between 2001-2005 however other brokers (such as Norton Finance) didn't sign up to the code and so there was less protection for consumers.

gemspan1

Hi there

Sorry this thread is a little bit old but just thought I would try and give you some advice.

Personally, this is a "get out" letter that these companies are using to try and get out of paying claims for mis-sold PPI.

Have a chat with the FOS about it and if they can't help then I suggest you DO take them to court if your claim is for less than £5000. this can be done simply through the Small Claims Court and you will only have a nominal fee to pay. The Small Claims Court is there for this specific reason.

I wonder if these "hijackers" are placed here to convince people not to proceed with mis-sold PPI claims. They certainly don't seem to add anything to the discussion nor, indeed, give evidence with some of the statements they make. The law is clear surrounding SAR and if they do not comply with all the relevant information then you can report them to the Information Commissioner.

IMO a "competent temp" should not be handling such sensitive data.....I would expect an employee of the organisation to be handling my personal data....although that is unlikely because they don't seem to care who sees what!

magic78

i was under the impression that if the loan is still active then you can still claim. even if you took out the loan over 6 years ago?

ALIBOBSY

I have a claim against sterling from a different broker, but the FOS are looking at it for me so if you don't fancy court action try that tack.
If you fancy court action go over to the CAG forum where they have good advice about how the court process works and how to proceed from people with legal knowlwedge and in many cases experience of claiming ppi through court.

Ali x