Reclaiming PPI.....outside 6 months

TessT

HI

Can anyone help please?

I wrote to Lloyds last year on behalf of my partner to try & reclaim his PPI in July 2012 Lloyds said that they could not uphold the complaint. Pregnant at the time I had the baby and put the reclaiming on hold....baby now 6 months and I've picked it back up with the intention on chancing my arm with the FOS but I've just read that you're supposed to do this within 6 months of receiving the letter. Is there anyway around this? Is it stringent as the date the letter is dated is the 23rd July so would I get a bit of leeway if I fired off correspondence to the FOS on Monday 18th Feb??

Thanks
Tess

-taff

You can try it, but you need a good reason to explain the delay. You having a baby might do it but it's his complaint.

[Deleted User]

TessT wrote: »

Is it stringent as the date the letter is dated is the 23rd July so would I get a bit of leeway if I fired off correspondence to the FOS on Monday 18th Feb??

It's supposed to be within six months, so as you are outside this period it's doubtful FOS will accept your referral. Nothing to stop you contacting them for confirmation, of course, but you'd need very good reasons for why you've left it so long in order for them to relent.
On what basis would you take your complaint to FOS?

TessT

Thanks Moneyineptitude

My original complaint to Lloyds was based on the fact that the adviser told my partner that he'd be more likely to get the loan granted if he took out the PPI. Lloyds have come back and said that as the Consumer Credit Agreement clearly demonstrated that PPI was optional....therefore they have concluded that the adviser did not mislead in any way. My argument is basically that how did they know that the adviser did not mislead as the what the Credit Agreement is not necessarily what the adviser was advising at the time.
My partner said he did not receive any terms/conditions, exclusions and benefits.....they simply say these would have been provided? When we received PPI docs from Lloyds there was interest calculated on the loan and on the PPI, which my partner was unaware of.....they say it was covered in the Credit Agreement. In your opinion have we a chance?

Thanks
Tess

lippy1923

Give it a go. Having a baby might be a good enough reason.

As for your complaint, your argument is very weak. You say the advisor mislead him, but the onus is on you to provide the evidence of this.

TessT

Hi Lippy1923

You mention evidence, hoping this doesn't sound flippant but what evidence could my partner have.......is it not just the advisers word against my partner?

Thanks
Tess

lippy1923

The issue with this sort of complaint is that there is hardly ever any evidence to support your claim. Unless your husband went in with a tape recorder

You are right, its your word against theirs. Seeing as you may not have the evidence to prove them misleading, its all a long shot.

Most complaints like this can expect rejection or get lucky with an auto payout and no investigation from the bank.

Can you think of any other reason it was mis-sold?

[Deleted User]

TessT wrote: »

My argument is basically that how did they know that the adviser did not mislead as the what the Credit Agreement is not necessarily what the adviser was advising at the time.

Unfortunately, the Bank are just demonstrating that your concerns are "hearsay". As no evidence of this can be provided to show the truth of your allegations, your complaint is very weak and was not surprisingly rejected by the Bank.

You can still approach FOS and ask them to take the referral, but I doubt your complaint will succeed even if FOS allows it to go for their adjudication.

dunstonh

My original complaint to Lloyds was based on the fact that the adviser told my partner that he'd be more likely to get the loan granted if he took out the PPI. Lloyds have come back and said that as the Consumer Credit Agreement clearly demonstrated that PPI was optional....therefore they have concluded that the adviser did not mislead in any way. My argument is basically that how did they know that the adviser did not mislead as the what the Credit Agreement is not necessarily what the adviser was advising at the time

Firstly, it would not have been an adviser. Banks do overuse that title but in the regulatory sense, it would have been a non-advised sale by an individually unregulated sales rep. Not a regulated adviser.

The bank have found no evidence to support your allegations. If you make an allegation, the evidence has to support that allegation. Nothing they have does. So, what evidence do you have? The onus is on you to supply the evidence where nothing exists on file to support your allegation.

You mention evidence, hoping this doesn't sound flippant but what evidence could my partner have.......is it not just the advisers word against my partner?

In many cases, there is no evidence to support your allegation and that would normally lead to rejection. UK law puts the onus on the individual making the allegation to prove it. Financial services regulation is a little more consumer biased in requiring the firm to look at their own files to see if the allegation is likely to be correct. The bank have said they have nothing to back up the allegation. That usually means you end up failing (unless you get lucky with an auto payout or another failing coming to light).

[Deleted User]

dunstonh wrote: »

(unless you get lucky with an auto payout or another failing coming to light).

The OP won't "get lucky" with an auto-payout from FOS, of course!

magpiecottage

lippy1923 wrote: »

Give it a go. Having a baby might be a good enough reason.

It might but it is the OP that had the baby, not the complainant.