Can I use a claim firm as the Ombudsman has had my case for over a year?

IanSill

Does anyone know if I would have more chance of a successful outcome if I use a claim firm. My claim was rejected by Capital One and I then wrote to the Ombudsman as recommended here.
They have had my details for well over a year now and all I have had is a couple of letters saying they are very busy.

My claim is that my wife was miss sold PPI over the telephone. She had been undergoing treatment for breast cancer, was working only 7 hours per week part time, had no written details and at no time was told that an existing medical condition would make a PPI claim invalid.
Seems pretty straightforward?

So would it be possible to use a claims firm as I have now lost all faith in the Financial Ombudsman service?

di3004

Hi and welcome

Due to the backlogs, the FOS are over-run and the normal'ish timescale is that up to 18 months at the moment.

In my opinion I think its worth hanging it out, as a claims company will make no difference or get the decision changed, and of course they will also charge you a certain amount for doing this for you.

Try to perservere with this, hopefully you will hear sooner rather than later from the FOS, good luck.;)

Wywth

IanSill wrote: »

Does anyone know if I would have more chance of a successful outcome if I use a claim firm. My claim was rejected by Capital One and I then wrote to the Ombudsman as recommended here.
They have had my details for well over a year now and all I have had is a couple of letters saying they are very busy.

My claim is that my wife was miss sold PPI over the telephone. She had been undergoing treatment for breast cancer, was working only 7 hours per week part time, had no written details and at no time was told that an existing medical condition would make a PPI claim invalid.
Seems pretty straightforward?

So would it be possible to use a claims firm as I have now lost all faith in the Financial Ombudsman service?

Yes you can certainly ask a claims handling company to handle your claim if you are prepared to hand over 30% of any offering the FOS ultimately decide upon.

However, a claims handling compnay may not accept you once you explain you have alread tried claiming yourself and been refused.

Do let us know what you decide and how you get on.

DrSqueeze

IanSill wrote: »

Does anyone know if I would have more chance of a successful outcome if I use a claim firm.

The banks (and the FOS) investigate complaints in the same way, regardless of whether you complain direct or through a third party.

If you've given them all the reasons why you feel the PPI was missold, then all you can really do is wait and see. There's no harm in chasing occasionally, but as Di says it can take a long time.

dunstonh

So would it be possible to use a claims firm as I have now lost all faith in the Financial Ombudsman service?

What makes you think that a claims company charging you to use the same process you for using the free-of-charge process you have used will make any difference?

FOS are flooded with complaints. Many genuine. Many try-it-on. These are creating delays.

Capital One have a good reputation with complaints at the FOS. The FOS only overturned 11% in the last reported period. That doesnt bode well for you but you could well be in that 11%.

IanSill

Many thanks ALL for replying so quickly.

DrSqueeze wrote: »

The banks (and the FOS) investigate complaints in the same way, regardless of whether you complain direct or through a third party.

So does that mean the claims companies are also using the FOS if an initial approach is refused? If so, as you say its no point using them.

I have seen the 11% success rate figure relating to Capital One and that is one of the reasons I am lacking faith in the FOS.
In reality are they unbiased and independent ?

dunstonh

So does that mean the claims companies are also using the FOS if an initial approach is refused? If so, as you say its no point using them.

Yes. It is the same free of charge process. You should see some of the complaints claims companies put in as well. Many use the exact same template for everyone. Even mixing up products (such as saying it wouldnt have paid out on unemployment even though the policy was a pension!). Claims companies are mostly opportunistic sharks who are unqualified and virtually unregulated putting in a template letter on a free of charge process then taking a massive chunk of anything paid out.

I have seen the 11% success rate figure relating to Capital One and that is one of the reasons I am lacking faith in the FOS

In reality are they unbiased and independent ?.

The FOS is ever so slightly consumer biased (compared to a court). It will look at the evidence both sides give and decide from there. Any verbal allegation without evidence (from either side) is usually disregarded if no evidence suggests that occurred. Documentation is King.

dazedandconfused_123

Pretty sure that once you've made one complaint you can't complain about the same thing again.

Claims companies would only go down the FOS route anyway and be NO quicker.

Don't be disheartened by the 11% figure-Sure FOS will look thoroughly at your claim when it's your turn

IanSill

Thanks all for your replies. I'll give it some more time, try and forget about it for the time being and hope for a decision around December.