Is this the endRBS - Lombard Direct refusing to review as the FO cannot make a ruling

mariadavid

Long story but the short version is

I was with a Debt Management Company and repaying a loan but was still taken to court and a decree obtained against me.

I tried to claim back the PPI back on the grounds that:

A) i applied online before 2007 and the PPI box was below the loan box and it didn't tell you it was optional
They didn't inform the Debt Management Company or myself when offering repayment amounts that the PPI was still running and included in the debt and the amount was about 1/3 of the debt amount
C) I hadn't paid the PPI for 4 months and when i spoke to the PPI company they told me even if i had made a claim on the basis i missed some payments they wouldn't have paid out

I was offered a goodwill gesture which I refused and contacted the FO who after some time informed me they couldn't make a ruling as the PPI amount was included in the debt amount on the decree but to do a 'sar' request and hand the whole mess to a lawyer.

I then received a letter from Lombard Direct telling me they are refusing to even review the situation.

Aggreived, i then sent off my 'sar' request and received a very short letter from RBS saying they hold no information on me (i actually bank with them) and to send my 'sar' request to Idem Servicing. I did that and after cashing my cheque they sent me the same information i receive each month which is basically a statment.

Talk about feeling ripped off.

I cannot afford a lawyer but now feel at a dead end and wonder if anyone has any idea on what if anything i can now do.

DevCoder

You applied online

Was the box preticked or not? It doesn't matter where the position of the box was.

Stupid_Question

mariadavid wrote: »

Long story but the short version is

I was with a Debt Management Company and repaying a loan but was still taken to court and a decree obtained against me.

I tried to claim back the PPI back on the grounds that:

A) i applied online before 2007 and the PPI box was below the loan box and it didn't tell you it was optional
They didn't inform the Debt Management Company or myself when offering repayment amounts that the PPI was still running and included in the debt and the amount was about 1/3 of the debt amount
C) I hadn't paid the PPI for 4 months and when i spoke to the PPI company they told me even if i had made a claim on the basis i missed some payments they wouldn't have paid out

I was offered a goodwill gesture which I refused and contacted the FO who after some time informed me they couldn't make a ruling as the PPI amount was included in the debt amount on the decree but to do a 'sar' request and hand the whole mess to a lawyer.

I then received a letter from Lombard Direct telling me they are refusing to even review the situation.

Aggreived, i then sent off my 'sar' request and received a very short letter from RBS saying they hold no information on me (i actually bank with them) and to send my 'sar' request to Idem Servicing. I did that and after cashing my cheque they sent me the same information i receive each month which is basically a statment.

Talk about feeling ripped off.

I cannot afford a lawyer but now feel at a dead end and wonder if anyone has any idea on what if anything i can now do.

A few questions that may help build a better picture:

Why did you refuse the goodwill gesture?

With regards to not paying the PPI for a few months, do you mean it was a stand alone monthly product? If so of course it wouldn't pay out if you weren't paying for it!

Lombard wont re review your complaint after you've taken it to FOS - in doing so your showing you've exhausted their complaints procedure and need arbitration.

When did you recieve the statements? Statements usually come from a different part of a business than a SAR, if it was recently, potentially the rest of your information is on its way to you. If not, call them and ask what they are playing at!

I wouldn't advise legal action over mis sold PPI, your unlikely to win.

dunstonh

A) i applied online before 2007 and the PPI box was below the loan box and it didn't tell you it was optional

It doesnt have to use the word optional. However, the language should indicate a choice. (so by definition it would be optional). Plus, you applied online. So, no-one actually sold it to you.

I was offered a goodwill gesture which I refused and contacted the FO who after some time informed me they couldn't make a ruling as the PPI amount was included in the debt amount on the decree but to do a 'sar' request and hand the whole mess to a lawyer.

It is a known risk that if you turn down a goodwill offer that it may be withdrawn if you go to the FOS. If you go to the FOS, the firm suffers the FOS fee and the goodwill offer is frequently to avoid that. If you go to the FOS they have no reason to still offer you the goodwill payment.

I cannot afford a lawyer but now feel at a dead end and wonder if anyone has any idea on what if anything i can now do.

It would be a risky option as well as court cases are far less successful (even black horse who have a near 95% FOS complaint success have won in court). The PPI issue is largely an FSA one and not a legal one. Plus, if you win, it may make no difference at all if there are write offs involved in the debt plan.

mariadavid

Hi

I appreciate what you are saying and i refused the goodwill as the PPI costs were about 4 times the goodwill gesture.
When i applied online the webpage looked as if you couldn't get the loan if you hadn't ticked the PPI box and there was no information next to the tick box for the PPI
The loan company paid the PPI company from my repayments and when i queried why they paid a company when the insurance was basically void, they told me they had no knowledge of the rules that the insurance company had, but they sold me the policy not the insurance company
I wanted to reclaim the PPI to repay the debt, the ironic thing is what i owe now is roughly the amount of PPI

I will take onboard what you have said though, but it is so hard to take that when they are aware people are in debt they can fail to tell the debt management company that some if the debt is insurance but thanks for your responses anyway

mariadavid

Stupid_Question wrote: »

A few questions that may help build a better picture:

Why did you refuse the goodwill gesture?

With regards to not paying the PPI for a few months, do you mean it was a stand alone monthly product? If so of course it wouldn't pay out if you weren't paying for it!

Lombard wont re review your complaint after you've taken it to FOS - in doing so your showing you've exhausted their complaints procedure and need arbitration.

When did you recieve the statements? Statements usually come from a different part of a business than a SAR, if it was recently, potentially the rest of your information is on its way to you. If not, call them and ask what they are playing at!

I wouldn't advise legal action over mis sold PPI, your unlikely to win.

Hi

Thanks for replying sorry but been in hospital for a carpal tunnel op and couldn't type so hadn't checked the website
I hadn't paid the PPI for a few months as i was made unemployed and couldn't pay the monthly loan repayments and it was the loan company who paid the PPI from my monthly payments. I did then approach Payplan who in turn approached Lombard Direct with an income and expenditure.
I had never ever received a statement from Lombard Direct until after the court case in 2008, i took the loan out in 2006, what i don't understand is they took me to court in 2008 so they must have information for a sar request

-taff

Basically, as you applied online and the boxes weren't pre-ticked, your complaint is over, because no-one actually sold it to you, you bought it.

[Deleted User]

It's too late now, but in the circumstances you should have taken the goodwill offer. Online sales require a pre-ticked box in order to be deemed mis-sold. Yours wasn't, or the Bank would have upheld your complaint.

mariadavid wrote: »

it is so hard to take that when they are aware people are in debt they can fail to tell the debt management company that some if the debt is insurance

This is irrelevant to your mis-selling complaint, I'm afraid.

mariadavid

Thanks at least i know now, wish the FOS had told me that to begin with. Do either on you have any idea if I can get them to let me see how the 2.5k that they are charging me in lawyers fees is made up off as at present what is left of the original debt, 8% interest and lawyers fees i now owe more than i was taken to court for 5 years ago I have been paying monthly for the last 5 years so this may explain why i am so desperate to reclaim the PPI.

All i see on the Lombard Statement is the original debt and any letters i have sent asking for a breakdown for the legal fees all they send me is the usual monthly statement. Thankfully i am now on a DAS so at least no more interest

What is interesting though is that I had the same circumstances with the Halifax and sent the same letter and they sent me a letter offering the full amount without any hassle.

[Deleted User]

mariadavid wrote: »

T Do either on you have any idea if I can get them to let me see how the 2.5k that they are charging me in lawyers fees is made up off as at present what is left of the original debt, 8% interest and lawyers fees i now owe more than i was taken to court for 5 years ago I have been paying monthly for the last 5 years so this may explain why i am so desperate to reclaim the PPI.

All i see on the Lombard Statement is the original debt and any letters i have sent asking for a breakdown for the legal fees all they send me is the usual monthly statement. Thankfully i am now on a DAS so at least no more interest

Start a new thread on the Debt Free Wannabe board here at MSE
http://forums.moneysavingexpert.com/forumdisplay.php?f=76
or the Bankruptcy& Living With it board:
http://forums.moneysavingexpert.com/forumdisplay.php?f=136

The forum regulars there will give far more informed advice than we can here.

mariadavid wrote: »

What is interesting though is that I had the same circumstances with the Halifax and sent the same letter and they sent me a letter offering the full amount without any hassle.

Halifax probably auto-paid without investigation to avoid the cost of a FOS referral.