FOS and the 6 month rule.

magpiecottage

Blinkin73 wrote: »

Are you saying that raising the fact that I have no dependents is not significant new information? What sort of things constitute significant new information?

New information means "information that could not reasonably have been available to you at the time of the original complaint".

So to force them to look at the case again, you would have to show that, on the balance of probability, in 2009 you did not know you had no dependents at the time you took the policy out.

Nobody has yet asked me to believe that but I think I would take a good deal of persuading.

If I have missed my opportunity to refer to FOS are there alternative legal ways of reclaiming my monies though?

You would have to go to court - where your chances would be even lower. Apart from anything else, the bank could argue that it is more than six years since you took the policy out (you said you have had it for ten years) and, since you first complained to them in 2009, it is more than three years since you first realised you had cause for complaint. They can then use Section 14A of the Limitation Act 1980 to timebar you.

Blinkin73

Firstly, I am not saying that that all PPI's are missold. I can say that of the three that I have purchased, all three were missold. The first being sold to me when I was a fulltime student and had no job. The second being when I got a mortgage and had no dependents and alternative illness cover and no chance of ever being made redundant. The third being when I was told it was compulsory as I didnt have alternative policies to cover the debt, my work benefits not being sufficient (this I can prove with the recorded telephone conversation I had with the salesperson at the time).

Secondly, I am not hellbent ongoing to FOS, but yes I would like my case reviewed either by halifax or Fos as I strongly believe it was missold.

Thanks Magpiecottage for at least answering in part about what constitutes new information. However your assumption that three years have passed is incorrect. I didnt become aware of the missale until september 2009 when I wrote my letter. So three years have not passed. Its also a shame that you flet the need to be sarcastic, but hey if it makes you feel better about yourself go for it

That sort of signify's the problem I now have with this forum. Most of you all seem so willing to look for barriers rather than opportunities for seeking redress. Most of you appear unwilling to provide information that would be helpful/useful. I find it strange that you would repeatedly post on this site which is after all to support and inform people

I am slated here for asking questions and not simply accepting what you say despite your obvious bias towards the financial industry . Yet I am also slated for not asking questions/making enqiries when the policies were initially discussed

I dare any of you to justify why I should have life insurance when I have no dependants.

Though I asked what constitutes new information none of you except magpie cottage replied. I imagine nearly all of you could have given me further guidance on it and examples to see if I do indeed have grounds for my case to be reopened but you havent. You've mostly been dismissive and rude. Not blunt or clear but rude! Its not necessary.

I'm asking reasonable questions and for explanations so I can fully understand. I dont come from a financial background so I have little understanding of the rules and policies. I have learnt a great deal since yesterday morning. But not from most of you who have answered this post.

Regards
G

Blinkin73

Moneyineptitude wrote: »

But this thread can, seemingly!:eek:

And I thought you werent posting anymore.

Mr_BARGAIN_2

TRY THIS Blinkin73 Complaints are time-barred from going to the Financial Ombudsman Service if it's over six months since rejection. But don't let that put you off. Before May 2011, when the banks lost in court, many people were tactically rejected. Banks deliberately rejected cases knowing they'd win at the Ombudsman but most would never take it further.

If that happened to you, you just need to start a fresh complaint at the bank. Then if it rejects you again, you can go to the Ombudsman. Do note it won't necessarily look at them all - it's said it'll do this on a case-by-case basis.

dunstonh

If that happened to you, you just need to start a fresh complaint at the bank. Then if it rejects you again, you can go to the Ombudsman.

If the bank links the complaints, as has happened, it is not treated as a new complaint and you do not get a new 6 month period.

If you get lucky and the bank doesnt spot the earlier complaint then you would be able to go to the FOS.

burty8899

as i said in my previous post, if you think you have new information for the FOS then ring them up and have a conversation with them. that would save you 19 posts on a forum and you would know the answer directly.

people have given you advice and you don't seem to take it on board. so to coin a phrase - cut the.... and ring the FOS and get your answer in about 10 minutes of speaking to someone instead of about 4 days of posting in a forum you clearly dislike.

I have received advice from here and it has been really helpful, perhaps thats because i have a valid reason for a mis-sale not one that made me forget i didn't have any dependants.

Blinkin73

Thanks Mr _Bargain for your post. I think its important to remind people that the banks tactically rejected claims. I shall be making a fresh claim as has been suggested by you and a few others.

Dunstonh, thanks for your post. But I didnt make a fresh claim in March 2012. I, being ignorant about all the procedures and guidance and legal battles etc wrote an email to Halifax proving them with my previous reference number and submitting what I thought was addtional nw information to reconsider after reading a post on here by you about lack of dependents being a relevant consideration when considering ppi.

Burty 8899 I particularly dislike your inference that my reasons for making a claim are not valid. In a way I hope my new claim is rejected so that I may go to FOS who can review all the evidence and if I win I hope you and your ilk on this site will apologise Its judgemental posts like yours like I have a problem with not this site or forum. If you read my posts you will see that there are a multitude of reasons as to why I believe my policy was missold not just because I have no dependents which is only relevant to the life assurance component of y MPPI. You are the only one to suggest calling FOS, they wont be able to comment on my claim if I call. However if I find the time this week I will call them to ask what constitutes new information in respect of reopening cases.
If I want to "waste my time" posting thats up to me, its my time after all. You dont have to waste your time reading them if you dont want to.

It would be more beneficial if people werent so emotional and just stuck to the facts when responding. For example informing me that section or paragraph whatever in such and such guidelines states blah blah blah so the new information you provided about having no dependants is not sufficient for your claim to be reopened.

I posted here to find out more information. So far no one has refered me to where I might find out what the guidelines are on what constitutes new information that might enable my case to be reopened and reviewed independently because I cant find any info anywhere and not being born with the such knowledge or aquiring it through my job or life experiences thus far I thought people might explain it to me. Only Magpie cottage elaborated further on that topic yesterday. Though I am going to make a new claim I would be still be interested to find out more just out of curiousity now. Where is the guidance on on what constitutes a new claim. I'd like to read it for myself.

I appreciate that a lot of people are now putting in claims that they know are fictitious and getting pay outs and it turns my stomach as it plainly does yours. I dont think |I am one of those people. What I have done wrong is failed to refer to FOS within the 6 months. Thats all. I dont deserve to the negativity and judgemental attitude many of you are expressing.

[Deleted User]

burty8899 wrote: »

people have given you advice and you don't seem to take it on board. so to coin a phrase - cut the.... and ring the FOS and get your answer in about 10 minutes of speaking to someone instead of about 4 days of posting in a forum you clearly dislike.

Do you suspect, as I now do, that this is the work of an internet troll? Otherwise, as you say, why does this user not simply approach FOS and get the answer in minutes rather than days?
Don't feed the troll anymore.

Blinkin73

Still reading and posting and being rude I see moneyineptitude
:rotfl:

[Deleted User]

burty8899 wrote: »

I have received advice from here and it has been really helpful, perhaps thats because i have a valid reason for a mis-sale not one that made me forget i didn't have any dependants.

Exactly.:)
Don't feed the troll anymore.