ppi and banckrupsy

calce1987

Regardless of the Bankruptcy, your selling complaint would not even be considered under the FSA's DISP 2.8.2

A company will not consider a complaint that is outside the timescales for referral to the FOS.

The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service
(2) more than:
(a) six years after the event complained of; (this being the PPI start date of 2001)
(b) three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint; (this being the PPI end date of 2005)

Your complaint would therefore be 'timebarred' by the loan provider.

[Deleted User]

calce1987 wrote: »

Your complaint would therefore be 'timebarred' by the loan provider.

Plenty of examples on this forum where complaints going back as far as the 1990's have not been time-barred!

calce1987 wrote: »

(b) three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint; (this being the PPI end date of 2005)

No, the three years allowed is from when the the complainant might reasonably become aware that there was cause for complaint. This will have started far more recently than 2005-when the press and (even more lately) Claims Management Companies began publicising PPI mis-selling.

The second poster (in similar circumstances to the first) was not time-barred either, he just didn't receive any redress personally.

dunstonh

There are hardly any firms applying the 3/6 year timebar. Mainly as at the moment there is not a firm starting point that it can be applied from. I suspect we will see this happen at some point though. Perhaps the annual statement requirement to show add ons you have will allow it.

magpiecottage

calce1987 wrote: »

Regardless of the Bankruptcy, your selling complaint would not even be considered under the FSA's DISP 2.8.2

A company will not consider a complaint that is outside the timescales for referral to the FOS.

The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service
(2) more than:
(a) six years after the event complained of; (this being the PPI start date of 2001)
(b) three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint; (this being the PPI end date of 2005)

Your complaint would therefore be 'timebarred' by the loan provider.

You clearly have no experience of the FOS attitude to timebarring.

The mere repaying of the loan will NOT be taken as notice that a consumer understands that they have grounds for complaint.

So a timebar on the grounds you suggest - even assuming a firm attempted it - would almost certainly fail.