bank won't accept PPI claim ... reclaim from underwriter?

tifo

dunstonh wrote: »

Liability may have transferred (it usually does) but documents of closed accounts are not usually transferred,

HFC were quite extensive in their correspondence. They said that EVERYTHING for ALL accounts, active and closed, was transferred, including ALL liabilities, duties, obligations etc.

It depends what was then transferred from HFC to Lloyds to Morgan Stanley to Barclaycard. But all say it's not them.

I also had a Marbles card from the same time and HFC paid up for that because they said liability for PPI/charges was retained by them. In the case of Goldfish it was not.

dunstonh

HFC were quite extensive in their correspondence. They said that EVERYTHING for ALL accounts, active and closed, was transferred, including ALL liabilities, duties, obligations etc.

It isnt about liability. It is about the fact that you do not have documentation and they dont have documentation. Without one of you having documentation any complaint is dead in the water.

No-one is arguing over liability.

ALIBOBSY

If you fancy court action I would go over to the CAG forum. Many many cases on there are raised and won in court and they have many members much more experienced in court claims over there (they are a pretty litegeous lot over there, recently the fos confirmed even if you lose in court on ppi action,they will consider the claim themselves anyway (previously their position was once lost in court they wouldn't touch it).
Be sure to read up the implications and possible costs of going to court. Most people on here tend to go FOS. I am referring as many of my claims as I can to the FOS and then I intend to look into court action on any left.

Basically FOS is free,they do all the work for you and there is no risk other than losing. Court envolves more up front costs and more cost risk (although the vast majority of claims on CAG go through as "small claims" so little cost risk),it is much quicker and payouts can be alot higher, but you need to understand the legal arguements and although many cases settle before the final court hearing you need to be prepared to stand before a judge and argue your case.

The only person who can decide which way to go is you, but the banks love the fact the FOS takes so long and rely on people not having the guts to take it further if they can't go the FOS or the FOS find against them.

Good luck whichever way you go

Ali x

ALIBOBSY

BTW op worth checking out the threads over on CAG about serving SAR's chasing up the info and in fact suing for the information/compensation.
Depends on dates though.
Have you done any official requests(SAR)for info on this?
Ali x

Oops sorry di already mentioned about doing a SAR

Alpine_Star

ALIBOBSY wrote: »

If you fancy court action I would go over to the CAG forum. Many many cases on there are raised and won in court

Could you post any links to some of these court successes?

AFAIK there isn't anyone at CAG who's won a PPI claim in court.

tifo

dunstonh wrote: »

It isnt about liability. It is about the fact that you do not have documentation and they dont have documentation. Without one of you having documentation any complaint is dead in the water.

No-one is arguing over liability.

It's exactly about liability. It's whether liability for PPI was sold or not.

The lack of documentation is not a problem. I have all my statements to show premiums paid. I didn't say I had no documentation. I said they don't have anything.

tifo

ALIBOBSY wrote: »

The only person who can decide which way to go is you, but the banks love the fact the FOS takes so long and rely on people not having the guts to take it further if they can't go the FOS or the FOS find against them.

Thanks. I'm already on other forums as well.

I'm very aware of how long the FOS takes and how they can behave. I've lost many thousands because of their biased decisions. My posts on these are somewhere in this forum.

This is why I prefer court action rather than FOS. The shorter wait and the (possible) fair decision.

Alpine_Star

tifo wrote: »

This is why I prefer court action rather than FOS. The shorter wait and the (possible) fair decision.

Can I ask under which laws you will be basing your cause of action? Also your claim sounds like it might be statute barred.

tifo

Alpine_Star wrote: »

Can I ask under which laws you will be basing your cause of action? Also your claim sounds like it might be statute barred.

I don't know yet, that's why i'm asking here.

Alpine_Star

tifo wrote: »

I don't know yet, that's why i'm asking here.

Well in a nutshell there isn't any and that's why you can count the number of successful PPI court cases on the fingers of one hand.

Only a fool would take a PPI claim to court in preference to going to the FOS.

When were you sold the policy?