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PPI Reclaiming Discussion Part 5

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Comments

  • Sooo glad this thread has been reopened. Hoping someone can help.

    I was mis-sold PPI in 1998 and paid it for a few years. I have no paperwork, and it was with one of the banks that's now Santander. I have no idea where to start, or even if it's worth starting. (I never tried claiming before as I assumed the gov't would pull the plug asap and it would be too late, but it may not be too late...).

    Grateful for any suggestions.
  • dunstonh
    dunstonh Posts: 120,033 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I missed the 6 month period to complain to the Ombudsman but Nationwide agreed to reopen my complaint.

    It wouldnt have been reopened. It would have been a review of the original decision. Re-open is what you do if you have significant new evidence that would likely change the decision. Re-opening would allow a new 6 month period to be given to you. Reviewing would not unless the outcome changed.
    Why then did Nationwide first agree to review my case - after the 6 month review period and through their "Tie-Up" team, without fairly offering me the opportunity to take my complaint to the Ombudsman. That doesn't seem fair?

    It was very kind of them to take another look. A new set of eyes came to the same decision though. You had your chance to go the FOS but you didnt take it. A review does not give you any new rights.
    I am convinced the case was one of mis-selling, just like all my 7 other successful complaints.
    But not convinced enough to refer it to the ombudsman within 6 months and not convincing enough for a second set of eyes to agree with you.
    Has the Ombudsman in the interests of fairness not have powers to insist the nationwide reopen my complaint on the grounds of fairness and consistency?

    The FOS can only overrule the 6 month timebar if there is significant justification for doing so. (Bereavement, incapacity or incorrect application of the rules to start the 6 month clock ticking). A review does not give you a new 6 month period.
    Can you please advise of any further steps I can take before I write back to the Ombudsman and my case is closed?

    If Nationwide do not volunteer to allow the FOS access then the FOS cannot review it. its over.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • I have been told I may possibly have a claim from a few years ago. I had a mortgage and was advised to change to a different lender to which then the rate was higher.
    A company called "Commitments" are dealing with this for me and have told me that I have a good chance of claiming. They said for them to get a start on things they need to get information regarding this and that it will cost me £295 which I can pay in instalments. I have paid £118 already and are due to pay a further £118 in March and April. They have sent me some correspondence out which says that if I want to proceed to stage 2 then I need to pay a further £295. I am not guaranteed a claim but they have told me that it is highly possible and that the minimum amount of claims they deal with are £5000. If I do get compensation then the Solicitor will take 30% from me and I get the rest. Just wondered if anybody could advise me what you think is best to do.

    Thank You

    Vicki
  • Nasqueron
    Nasqueron Posts: 10,943 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I have been told I may possibly have a claim from a few years ago. I had a mortgage and was advised to change to a different lender to which then the rate was higher.
    A company called "Commitments" are dealing with this for me and have told me that I have a good chance of claiming. They said for them to get a start on things they need to get information regarding this and that it will cost me £295 which I can pay in instalments. I have paid £118 already and are due to pay a further £118 in March and April. They have sent me some correspondence out which says that if I want to proceed to stage 2 then I need to pay a further £295. I am not guaranteed a claim but they have told me that it is highly possible and that the minimum amount of claims they deal with are £5000. If I do get compensation then the Solicitor will take 30% from me and I get the rest. Just wondered if anybody could advise me what you think is best to do.

    Thank You

    Vicki

    Any sort of demand for upfront payment should be a red flag that something is wrong, if the company goes under (as some PPI firms have done), your money will be lost. If you're signed up you're probably stuck though unless you can get out of the contract without paying them any more

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • dunstonh
    dunstonh Posts: 120,033 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    A company called "Commitments" are dealing with this for me and have told me that I have a good chance of claiming.

    Claiming what?
    They said for them to get a start on things they need to get information regarding this and that it will cost me £295 which I can pay in instalments.

    Surely to know if you have a good chance about something, they would need the info in the first place?

    you should never pay claims companies up front. That is the model of bad companies. Too many of which fooled people into paying up front in the style of advance fee fraud. The companies then go on to close taking the up front payments with them (e.g. Cartek, Kerobo, Rebus etc).

    Those taking money up front tend to do so where there is little chance of success.
    They have sent me some correspondence out which says that if I want to proceed to stage 2 then I need to pay a further £295.

    Classic scam model. You feel for the first payment. Now they are coming back for more.
    I am not guaranteed a claim but they have told me that it is highly possible and that the minimum amount of claims they deal with are £5000.

    it is against ministry of justice rules for CMCs to make such claims. Also, surely the minimum amount is nil (for the majority where they lose). It is increasingly looking like a style of advance fee fraud. If you ever watched Hustle, you would know the format. Play to your greed by offering some big pay off. Then get you to pay a smaller amount up front.

    it is unlikely a solicitor is involved as they are not allowed to take business from cold calling claims companies.
    Just wondered if anybody could advise me what you think is best to do.

    You havent actually said what your claim is about. It could be something with a high success rate (PPI on loans) to something like mortgage lending which is a tiny success rate and is virtually non-existent apart from dodgy CMCs.

    Sounds like you are being done for money though.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • I have been told I may possibly have a claim from a few years ago. I had a mortgage and was advised to change to a different lender to which then the rate was higher.
    A company called "Commitments" are dealing with this for me and have told me that I have a good chance of claiming. They said for them to get a start on things they need to get information regarding this and that it will cost me £295
    You've been scammed.
    No one should have to pay an advance fee to employ a claims company. If your complaint is rejected you will still be £295 out-of-pocket. If your complaint is successful, then you are still £295 out-of-pocket and this company (not a solicitor) will take 30% of any refund (plus VAT).

    Everything about your description of what they have told you screams scam.

    You should immediately cancel your contract with this company and certainly pay them no money upfront.

    Are you making a complaint about advice you received to move to a different lender? Who gave you this "advice"? Why did you do this. if you then paid a higher rate of interest? No one will have forced you to accept this higher rate and I can't see why any complaint would succeed.

    The complaint process (not "claim") is simple and, above all, free. The company has no power to obtain "information" that you can't get yourself by simply approaching your Bank and enquiring or paying £10 (not £295) for a Subject Access Request.

    This sounds like Advance Fee Fraud.
  • Hi guys,
    I've stupidly used a PPI company to reclaim instead of doing it myself. Have been granted £855.80 back from Halifax.
    Company ( charter house claims) are taking a 35% fee ( £299.53) plus VAT at 20% ( £59.91) leaving me with £496.37.
    When I called and spoke with CHC to say that I realised they would take so much and at that rate I wouldn't of used them, I was told I had signed paperwork. I then went on to say 'is there nothing I can do now' the guy actually laughed and said 'no you have to pay'.
    Now is this just tough luck on my behalf and that I should of read the T's & C's properly, or is there something I can do.
    Thanking you all in advance
  • You've signed a contract agreeing to this amount of fee.

    How can you say you didn't realise?

    You'll have to pay or they'll employ debt collectors and eventually take you to court.
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    You've signed a contract agreeing to this amount of fee.

    How can you say you didn't realise?

    You'll have to pay or they'll employ debt collectors and eventually take you to court.

    Like the thousands of people that didn't realise they had PPI, despite it appearing on statements every month ;)
  • Because I'm stupid and didn't read it! Lol! I actually didn't think I had any PPI to come back as when I paid my bill in Halifax, way back, years ago, I asked what the excess amount was. So I asked for it to be removed.
    But hey ho there was something!
    Oh well better than a poke in the eye with a sharp stick 😉
    Thanks for your prompt reply.
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