Ombudsman turned me down a few years ago, can I try again?

gibbyni

Hi,

I was just wondering I went through this process about 4 or 5 years ago (before most of lending places admitted misselling PPI) after egg gave me a loan and had added the insurance onto it. I done the process of bank then Ombudsman process but they said there was not enough proof that I didnt know it was sold, or something along those lines.

So my question is, are my chances dead in the water or can I try again?

gibbyni

Just bumping this up to see if anyone can help

dunstonh

You only get one bite of the cherry. However, some banks are not that good at record keeping and may not match the complaints.

I done the process of bank then Ombudsman process but they said there was not enough proof that I didnt know it was sold, or something along those lines.

What proof have you found now that makes you think you wont get the same answer?

magpiecottage

dunstonh wrote: »

You only get one bite of the cherry. However, some banks are not that good at record keeping and may not match the complaints.

On the other hand they might - and with no FOS jurisdiction now they might just charge you for wasting their time!

WETHINK

A claim that I am pursuing dates back to 2008 when a Final Decision was issued by Ombudsman.

While it is very rare for the FOS to re-open case file and am now with their Legal Dept, will let you know.

If FOS refuse re-open case file I will be filing Judicial Review claim.

It is very complex seeking for a review of a Final Decision as FOS do not follow Legal process were you would have a right to appeal

magpiecottage

WETHINK wrote: »

If FOS refuse re-open case file I will be filing Judicial Review claim

That is a very expensive option - reckon on spending at least £50K if you lose.

It is very complex seeking for a review of a Final Decision as FOS do not follow Legal process were you would have a right to appeal

But you had the right to take the firm to court afterwards (but the firm will now be able to timebar a court action).

~Brock~

magpiecottage wrote: »

That is a very expensive option - reckon on spending at least £50K if you lose.

Especially when a JR wont even look at the decision itself but simply how it was reached.

gibbyni

hhhmm im thinking a letter to the bank asking it to be reconsidered and then if ne reply a letter to the FOS asking to reconsider.

It dated back to a loan the mother in law took out for us, we applied online and they called her the next day saying the figures would be slightly different, no mention of insurance. Everything was set up and it was only a few years back when all the PPI info was starting to come out I looked and seen the insurance so thats when I tried.

The FOS finaly said there was not enough proof that we didnt know about the PPI (not to sure how we were ment to prove we didnt know about it). So I left if there but now I see people getting it for exactly the same reason that we were turned down for.

I suppose if its only costing a few quid to post a few letters its worth a try

dunstonh

You also have to consider that the FOS are generally slightly more consumer biased than a court in that they consider fairness and not just law. So, if the FOS turned it down then what is it that makes you think a court would be different.

Also, many of the PPI issues are due to the FSA guidelines (some of which are retrospective and others not recognised by law). So, you cannot rely on things which may be a potential FSA rule breach also being a breach of law. For example, single premium PPI is not unlawful and there is nothing in the rules to prevent it. However, many complaints are paid out on that reason. Yet the few court cases there have been on PPI have seen the lenders win (even Black Horse have had success in court yet they are near 99% uphold rate at the FOS).