PPI Reclaiming Discussion Part 5

dunstonh

Incidentally, Ingenious have now issued legal proceedings against Barclays as a result of this issue with Barclays and claim settlement.

Obviously we have virtually nothing to go on apart from what you are telling us.  However, if they have switched to using a legal process rather than a regulatory process then you would expect Barclays to withhold the payment.  You also lose access to the FOS as they will not consider cases where legal action is in progress.

You need to contact your solicitors and ask them what is happening as they would be in a better position to answer that than us.

Chrisuns

Virtually nothing to go on apart from what i am telling you? What else would you like to know as if there is any other detail that would help i am happy to share and can assure you that this is an accurate assessment. Barclays have upheld the complaint and given settlement figures and are now withholding payment.
Can't help but think that Barclays are purposely with holding the funds due to the current financial climate. Whilst i appreciate there may of been issues with Ingenious and they may be trying to protect me as their customer, there is nothing stopping them issuing the funds to me and me settling the Ingenious aspect of the case?

Kindly appreciate any input or comments, Chris

dunstonh

Barclays have upheld the complaint and given settlement figures and are now withholding payment.

If the claims company have switched to a legal process instead of the regulatory process then that trumps the regulatory process.   It is normal for the regulatory process to be ceased as the legal process takes over.

Can't help but think that Barclays are purposely with holding the funds due to the current financial climate.

That is quite possible.  The banks have closed many units and staff have been reallocated to cover other things due to the virus.   Parts of the complaints process are not key workers.   So, the process would have slowed somewhat.

Whilst i appreciate there may of been issues with Ingenious and they may be trying to protect me as their customer, there is nothing stopping them issuing the funds to me and me settling the Ingenious aspect of the case?

The vast majority of complaint outcomes see the money returned to the individual and not via the claims company.   That includes Barclays.   So, there is some issue.    Your wording suggests the legal action but it could be as simple as a slow down due to the CV and the last minute rush that already added 3-6 months to the normal resolution process.

Chrisuns

Thanks again for the reply. The frustrating part is that Barclays have fully upheld the claim and issued a cheque to the claim company. It is after the issuance that Barclays have then stopped the cheque, they are not disputing the settlement it is just issuance of payment that is being withheld.
Following the withholding from Ingenious, they said they would issue the cheque to myself and have since gone back on this too and will not offer an update.
Ingenious have took legal action as Barclays have been telling customers inaccurate information and referring them to the SRA who have already confirmed there is no further investigation in to Ingenious.
So in essence, all of the resolution is complete and the case is settled on paper just not financially.
As i am still awaiting a call from the 'engagement team' for 3 weeks (ironic eh) i have escalated it to the financial ombudsman!

[Deleted User]

Chrisuns said: The frustrating part is that Barclays have fully upheld the claim and issued a cheque to the claim company. 

Ingenious have took legal action as Barclays have been telling customers inaccurate information 

have escalated it to the financial ombudsman!

It's rare for Banks to "issue" cheques to claim companies, most PPI redress payments go direct to the complainant whose responsibility it is then to pay the claim company they employed. 

It's even more rare for a claim company to take "legal action" against a Bank in the circumstances you have described so far. 

Hopefully the Ombudsman can help shed some light on the subject for you, but if the there is indeed litigation currently proceeding  then you will have  lost access to the FOS which cannot  consider cases where legal action is in progress.

tazdev

Hi, this forum has been suggested to me via Sara at Debt Camel, I hope you can help.

I am currently waiting for the FOS to look at two cases regarding PPI refunds with Egg (Canada Square Operations). One was a credit card from 2002 that had PPI included, which was then paid off (£10k) using a new personal loan with them in 2004, to which another £3k of PPI was added.

During a brief conversation with an FOS adjudicator they told me that if I was unhappy with the way card PPI + interest was rolled into a loan & then more PPI added to that figure, it had to be a separate complaint.

1.)   Can you suggest the best course of action to lodge this unfair/irresponsible practice complaint? Do I have to approach Egg again in the first instance, assuming it doesn’t fall under the heading of PPI complaints, which deadline of course has now passed?

2.)    The card complaint was partly upheld under Plevin rule & the loan complaint was also upheld and cheques issued for both (I am disputing both calculations & card complaint rejection decision). I have not cashed either cheque, as I was concerned this may be deemed full & final settlement with no further redress. However these cheques are approaching six months old now. Would I be safe to cash these without affecting my FOS cases?

Thanks in advance.

[Deleted User]

tazdev said:

During a brief conversation with an FOS adjudicator they told me that if I was unhappy with the way card PPI + interest was rolled into a loan & then more PPI added to that figure, it had to be a separate complaint.

That's not the case at all.

 The "front-loading" of PPI from a credit card  debt onto a consolidation  loan is simply another mis-selling reason which would have been considered as part of your original complaint. However, since your credit card complaint was rejected (not "partly" upheld) and you received a refund of only undisclosed commission (Plevin), you are not entitled to a refund of any credit card PPI that formed part of your consolidation loan. 

If FOS now subsequently uphold your credit card complaint, you will receive the PPI you paid on that in the form of a full refund plus interest. A separate complaint is therefore not required. 

You can certainly attempt to cash the  redress cheques you received six months ago, but  having left it so long since they were issued (and now  having a FOS case outstanding) you may find they are no longer valid.

 If you find  they can be  cashed then any additional FOS award will have the amount already claimed subtracted from them. 

 If FOS do not find in your favour, though, you may find that you'll need to request the Bank re-issue your original cheques as you've left it so long...

lyns88

I received a ppi payout my egg loan and now SW Reclaim are insisting for part of the payment? During the whole process I was the one ringing Canada square and giving them details etc so SW Reclaim did I guess some of the work but I did the rest.  Are they genuine and do I just pay them part of the payment, as I’m worried if they are real or it’s a scam?? Thanks in advance for help on this!

brettcta

lyns88 said:

I received a ppi payout my egg loan and now SW Reclaim are insisting for part of the payment? During the whole process I was the one ringing Canada square and giving them details etc so SW Reclaim did I guess some of the work but I did the rest.  Are they genuine and do I just pay them part of the payment, as I’m worried if they are real or it’s a scam?? Thanks in advance for help on this!

If you instructed SW reclaim and signed their documents, you’ll need to pay up. What you’ve described there (you doing most/all of the legwork) is how these companies operate - they don’t actually do much but charge heavily.

dunstonh

lyns88 said:

I received a ppi payout my egg loan and now SW Reclaim are insisting for part of the payment? During the whole process I was the one ringing Canada square and giving them details etc so SW Reclaim did I guess some of the work but I did the rest.  Are they genuine and do I just pay them part of the payment, as I’m worried if they are real or it’s a scam?? Thanks in advance for help on this!

All CMCs do is put in the initial complaint and then sit back and wait for outcome.

If you employ a company to put a stamp on the envelope then you are required to pay them.  You appear to have misunderstood what the CMC actually does (or doesnt do)