Question re a past claim

biondani

I had 3 loans over the years with Black Horse and all had front loaded PPI. Back in September 2011 one PPI complaint was upheld and the other 2 rejected. As I needed the money I accepted the redress given and signed the form saying this was a final settlement in respect of all 3 loans.

As these were front loaded I still believe to this day that they should not have been rejected for PPI refund. Seeing as I signed the form can I take this further as I do not believe BH took the front loaded PPI into consideration with their investigation. Is there anything that can be done now or is it too late?

Ian

DrSqueeze

Firstly, it's too late to take your complaint to the Ombudsman - if BH made you aware that you had 6 months to do this (check their letters and any leaflets sent with them). If they didn't inform you, then you could argue that you were not made aware of this time limit.

However, there's no harm in writing to Black Horse and asking them to review their decision if you feel they made an error. The fact you signed a form accepting their settlement will clearly not help your case, and your request might be rejected on that basis alone, but it's worth a try especially if you can draw their attention to any similarities between the three sales.

I had one upheld and one rejected, until I pointed out that both were sold in the same way at the same office and the only significant difference, as far as I could see, was that one fell under the "jurisdiction" of the FOS, the other under the FLA. Being an old cynic, I asked whether that had affected their conclusions. It took a while, but they eventually agreed that both had been missold.

Out of interest, does the FLA apply to any of yours or were they all eligible for FOS referral?

biondani

The first one was FOS (was rejected), second was FLA (was rejected), third was FOS (upheld). They only upheld the latest loan. I think what swung them would have been the interest due on the first two would have been massive.

dunstonh

In which case it is game over.

biondani

dunstonh wrote: »

In which case it is game over.

I thought that would be the case. Black Horse were very sneaky in the way they grouped all 3 seperate claims together and you couldn't reject just one of their findings even though they were submitted on seperate claims. You had either had to reject all or none of them.

Ian

DrSqueeze

Am I right in saying that none of your complaints were actually referred to the FOS or FLA?

(In other words, that your post earlier today stated where they could have been referred, not that they were)

biondani

No I didn't refer any of them to FLA or FOS. They could have been referred but they weren't.

Ian

DrSqueeze

biondani wrote: »

No I didn't refer any of them to FLA or FOS. They could have been referred but they weren't.

Ian

In that case, I don't think you would have anything to lose (other than a stamp) by writing to Black Horse and pointing out that having gone over the complaint again you think they made an error with part of their investigation.

Don't expect a fast response (they might take 6 months to investigate), and don't get your hopes up (it would have been better to challenge their decision at the time), but at least you'll have tried. They may well stand by their decision, in which case at least you can file your papers away without the niggling thought that you might have done something.

However, since they made an error in my case (and reversed their decision) it's not impossible they did the same with others.

[Deleted User]

DrSqueeze wrote: »

In that case, I don't think you would have anything to lose (other than a stamp) by writing to Black Horse and pointing out that having gone over the complaint again you think they made an error with part of their investigation.

It's extremely unlikely they'll re-open the investigation to a complaint from 2011. Sending such a letter will only result in a polite rebuff with a reiteration of their original full and final response.
The OP should really have gone to FOS back in 2011.

dunstonh wrote: »

In which case it is game over.

I'm afraid so.

[Deleted User]

DrSqueeze wrote: »

they made an error in my case (and reversed their decision)

Did you leave it two years before you told them of their error?