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MSE News: Lloyds 'wrongly rejecting PPI claims'

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  • Alpine_Star
    Alpine_Star Posts: 1,356 Forumite
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    edited 8 November 2012 at 6:39AM
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    On the other hand, making a complaint about a PPI policy that never existed is criminalised by the Fraud Act 2006.

    You keep saying this but do you know of any case law that actually backs this up? I'd genuinely be interested to know.

    I do not think that making an unjustifiable complaint is capable of leading to a successful criminal prosecution, not least because any potential gain could necessarily only be achieved with the express consent and cooporation of the bank.
  • jazad
    jazad Posts: 2 Newbie
    edited 8 November 2012 at 9:47AM
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    Lloyds are being lazy/ awkward with claims now. My husband put in his claim for PPI on his CC in Feb - got his uphold letter in March/ April. I then put my claim in (we had both been given our CC's with PPI on the same day in the same room by the same member of staff) WITHOUT being advised on our prefilled in forms that PPI was included. They lost my claim, so I re-claimed on May 1 and was rejected in June. When I rang the number on the letter and *finally* spoke to someone helpful they admitted it was probably a mistake and I should email my response - which I did. That was in June. It is now November and after a dozen follow up phonecalls - WITH NO HELP whatsoever I am still waiting for a positive outcome. I'm fairly certain that the FOS would find in my favour but they were taking a year to deliberate when I last enquired.
  • Mr_Incredible
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    The first problem with that is that FOS can only adjudicate on individual disputes.

    The second is that FOS and FSA staff do not need to be qualified either.
    you seem incredibly embittered in most of your posts:(
  • dunstonh
    dunstonh Posts: 117,063 Forumite
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    you seem incredibly embittered in most of your posts:(

    I think you have to remember that Magpiecottage gets to see the complaints letters being submitted by the likes of claims companies. When you see the same complaint letter come in dozens of times via the same complaints company using exactly the same reasons for everyone when you know the complaints are fraudulent, you would feel that way.
    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.
  • -taff
    -taff Posts: 14,756 Forumite
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    jazad wrote: »
    They lost my claim, so I re-claimed on May 1 and was rejected in June. When I rang the number on the letter and *finally* spoke to someone helpful they admitted it was probably a mistake and I should email my response - which I did. That was in June. It is now November and after a dozen follow up phonecalls - WITH NO HELP whatsoever I am still waiting for a positive outcome. I'm fairly certain that the FOS would find in my favour but they were taking a year to deliberate when I last enquired.

    You have six months from the initial rejection to submit your claim to the FOS. If you miss this window and Lloyds don't uphold your claim [which is likely, since they've already sent you one rejection and nothing since] thne your complaint will be time barred.
    Don't forget this time limit.
    Shampoo? No thanks, I'll have real poo...
  • JuicyJesus
    JuicyJesus Posts: 3,830 Forumite
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    I do not think that making an unjustifiable complaint is capable of leading to a successful criminal prosecution, not least because any potential gain could necessarily only be achieved with the express consent and cooporation of the bank.

    Unjustifiable complaints are not the issue. Making a complaint which is then rejected is not fraud.

    However many people submit complaints which contain outright falsehoods and lies about their circumstances, the actions of banks, their own actions and the behaviour of the banks' staff. Claims company letters tend to do so also, using a "shotgun" approach where they basically throw every reason they have against the wall and see what sticks.

    Claiming that something happened when it did not in order to obtain money from a bank that you are not entitled to is fraud. When people are putting in complaints about a product they never had being missold which supposedly cites issues with a sales process that never happened, it is difficult to say that sort of complaint could be made in good faith.
    urs sinserly,
    ~~joosy jeezus~~
  • magpiecottage
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    you seem incredibly embittered in most of your posts:(

    I was actually making a statement of fact - see here.

    Unfortunately, the Chief Ombudsman seems to have absolutely no idea of what qualifications are really required of advisers nowadays.
  • dunstonh
    dunstonh Posts: 117,063 Forumite
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    I was actually making a statement of fact - see here.

    Unfortunately, the Chief Ombudsman seems to have absolutely no idea of what qualifications are really required of advisers nowadays.

    Good God. Ceeney's comments indicate no clue at all. The qualifications have absolutely nothing to do about selling a product. They are all about suitability, how they work they way they do and why.
    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.
  • jazad
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    -taff wrote: »
    You have six months from the initial rejection to submit your claim to the FOS. If you miss this window and Lloyds don't uphold your claim [which is likely, since they've already sent you one rejection and nothing since] thne your complaint will be time barred.
    Don't forget this time limit.

    Miraculously I got an uphold letter this afternoon in the post, :T seems kicking up a massive fuss through their customer relations and social media teams paid dividends. In my case it was pure mis-selling of the worst kind - and the fact my husband got his through and mine was delayed for so long just demonstrates how their attitudes have hardened over the last 6 months or so.

    Good luck with your claims. Another case of PPI mis-selling many years ago almost destroyed my family and unfortunately we have no recourse.
  • petersmith123
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    Hi, interesting post.

    I am working for a CMC (10% Fee charging web based company)and would like to share some information with you. With no disrespect/dig at anybody.

    Our Uphold rate for the Lloyds banking group in general prior to July 2012 from January 2012 was 78%.

    Our Uphold rate since August 2012 against Lloyds is 38% and against Halifax/Bos is 8%. :eek:

    Our cases are sent with specific reasons and not 10-12 generic reasons for miss-sale as most CMCs companies send. We have had cases where customers have had severe pre existing medical conditions and where they have been self employed and cases are still rejected by Halifax. Also of the 8% that Halifax have upheld the average pay-out was £385.:p So you can see it is a numbers game now.

    This I feel would show that unfortunately yes they are rejecting complaints incorrectly.

    In relation to sending complaints to banks with no PPI I agree too many people are making enquiries and just hoping for the best. However Natalie Ceeney Chief Ombudsman recently said in her letter to the treasury " is it really fraudulent for a customer to ask there bank if they simply had ppi?" Which means nothing will probably be done about this.

    Anyways only 10% of complaints have been processed according to the FOS so we can all see how this goes over the next 3-4 years I guess, where the total bill will probably get close to the £25-£30 billion mark :( and not the £13 billion they keep raising to keep there shares strong :D

    Thank you for reading
    Peter
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