Rejected by the Ombudsman for Nationwide Claim, Can anyone Help?

ben122_2

Hi, Can anyone help? I'll try and keep this short.

Over past 2 and a half years I have gone through the whole PPI claims process without using a claims company and have just had ombudsman's final decision - Rejection.

My claim is from Nationwide for a New Car Loan back in 2003. I believe I was mis-sold PPI because I was told over the phone it was necessary for my application to proceed and that there was a high risk of rejection if I didn't take it, I did not want to take out the PPI due to additional costs and as I was only 19 and living at home with my parents at the time had no other financial commitments but if it was something I had to have then I felt I had no choice.

In short, the ombudsman has said that as it was so long ago I may not remember all details of the conversation as this does not represent the transcripts of Nationwide at the time and if needed would have been beneficial to me.

I feel very let down by the ombudsman service and will not accept their decision and would be prepared to go to court, has anyone got any experience or advice on this?

Many Thanks

chanz4

how can you remember 2003

roonaldo

ben122 wrote: »

I was mis-sold PPI because I was told over the phone it was necessary for my application to proceed

You say yoy may want to take this to court, but do you have evidence of this? You cannot go to court without evidence, hearsay wont win a court case.

I would imagine if the ombudsman has rejected your complaint perhaps it wasnt mis-sold to you. FOS can only go by documentary evidence.

misschicken

Is this a rejection by an FOS adjudicator or an actual Ombudsman? If it is by an adjudicator then you can ask for it to be referred to an Ombudsman - their decision will be absolutely final - they don't often deviate from the adjudicator's decision but it can happen. You'll be another queue for some months. If this is an adjudicator decision they should have included details about referring it to an actual Ombudsman in their correspondence.

If you've already been through that process and have exhausted the options at the FOS and rejected their decision then you can take it to court if you wish although success rates aren't high.

antrobus

ben122 wrote: »

....In short, the ombudsman has said that as it was so long ago I may not remember all details of the conversation as this does not represent the transcripts of Nationwide at the time and if needed would have been beneficial to me....

So Nationwide have provided the ombudsman with transcripts of the sales process that was carried out over the phone? If that was the case then it might well the case that the FOS have concluded that the transcript is a more accurate record of the conversation than your memory.

Sw84

To be fair to the op, they probably can remember what happened in 2003. Taking out a loan, especially at age of 19, would have been a big deal for them and something they are unlikely to forget. The addition of PPI would have meant an increase in the repayments, so I can see why they would remember.

However, as others have said, if the decision they've had is the Ombudsman's decision the only option would be to seek a judicial review. I can only imagine this would be expensive and the chances of winning slim.

If however it's the adjudicator's decision they've received they could ask for it to be referred to the ombudsman.

dunstonh

I believe I was mis-sold PPI because I was told over the phone it was necessary for my application to proceed and that there was a high risk of rejection if I didn't take it, I did not want to take out the PPI due to additional costs and as I was only 19 and living at home with my parents at the time had no other financial commitments but if it was something I had to have then I felt I had no choice.

Ok, in summary you are making a verbal allegation which you cannot prove. There also appears to be no other failing identified.

In short, the ombudsman has said that as it was so long ago I may not remember all details of the conversation as this does not represent the transcripts of Nationwide at the time and if needed would have been beneficial to me.

The FOS would ask the lender for information on sales process that would have been used at the time. If that service is deemed compliant then you would need evidence to back up your allegation. If the FOS thought the process was not compliant they would uphold the complaint.

I feel very let down by the ombudsman service and will not accept their decision and would be prepared to go to court, has anyone got any experience or advice on this?

The position of law is that he who asserts must prove. So, what evidence so you have to support your allegation?

if you go to court, what are you going to present to the court to support your case? You also need to note that the PPI issue is largely an FSA issue not a legal one. Most court cases seem to find in favour of the lender. Even Black Horse (who get 99% of complaints at the FOS upheld against them have won in court)

Brains64

ben122 wrote: »

Hi, Can anyone help? I'll try and keep this short.

Over past 2 and a half years I have gone through the whole PPI claims process without using a claims company and have just had ombudsman's final decision - Rejection.

My claim is from Nationwide for a New Car Loan back in 2003. I believe I was mis-sold PPI because I was told over the phone it was necessary for my application to proceed and that there was a high risk of rejection if I didn't take it, I did not want to take out the PPI due to additional costs and as I was only 19 and living at home with my parents at the time had no other financial commitments but if it was something I had to have then I felt I had no choice.

In short, the ombudsman has said that as it was so long ago I may not remember all details of the conversation as this does not represent the transcripts of Nationwide at the time and if needed would have been beneficial to me.

I feel very let down by the ombudsman service and will not accept their decision and would be prepared to go to court, has anyone got any experience or advice on this?

Many Thanks

Well neither FOS adjudicators nor the Ombudsman are infallible, they're human beings, so whichever it was that made this decision, it's not out of the realms of possibility that they could have got it wrong, considering the amount of cases they have to review it would be more surprising if they didn't now and again make poor decisions against the customer, it's not their fault though, it's the banks that caused this, had the banks not misold PPI on such a large scale in the first place this mess wouldn't exist, it sounds like the real problem is that they have to go by the transcripts presented before them by the bank, with that in mind, I think it was a bit patronising and unnecessary for them to question your memory of the conversation though, if that is what you recal then that is what you recal, I can remember details of all kinds of conversations, both buisness and personal going back decades, all I can suggest to you really is that if you truly believe in your heart of hearts that you have not been done justice here then keep fighting my friend, I would!:)

GhIFA

Brains64 wrote: »

Well neither FOS adjudicators nor the Ombudsman are infallible, they're human beings, so whichever it was that made this decision, it's not out of the realms of possibility that they could have got it wrong, considering the amount of cases they have to review it would be more surprising if they didn't now and again make poor decisions against the customer, it's not their fault though, it's the banks that caused this, had the banks not misold PPI on such a large scale in the first place this mess wouldn't exist, it sounds like the real problem is that they have to go by the transcripts presented before them by the bank, with that in mind, I think it was a bit patronising and unnecessary for them to question your memory of the conversation though, if that is what you recal then that is what you recal, I can remember details of all kinds of conversations, both buisness and personal going back decades, all I can suggest to you really is that if you truly believe in your heart of hearts that you have not been done justice here then keep fighting my friend, I would!:)

Sounds like you're willing to contribute to OP's legal fees for the fruitless court battle you're urging him to undertake then Brains?

OP, unfortunately your complaint is the weakest type - a "hearsay" allegation that you can't prove - if the decision has come from an adjudicator then you can ask for it to be reviewed by an ombudsman, but without any other failings identified, or anything to prove your allegation, it would appear that the evidence of the process Nationwide have presented shows it to be compliant and therefore an ombudsman is unlikely to overturn the decision.

In this case there is no-where else to go. Forget the court option, it would be throwing money down the drain - if the complaint had any legs it would have been upheld by the ombudsman.

irielly

Sorry, to here this. I recently had a similar letter by the adjudicator. I immediately requested it be sent to the Ombudsman, but am not holding holding my breath. Strange thing is they are saying that if I had a recording of the conversation telling me that I had to take out PPI that would swing things in my favour. The implications of this are deep. From henceforth I will record every conversation I have with any company I do business with and suggest you do too.

dunstonh

Strange thing is they are saying that if I had a recording of the conversation telling me that I had to take out PPI that would swing things in my favour.

That is not strange. It would be evidence of wrongdoing. However, without evidence of there being wrongdoing (or enough information to suggest wrongdoing was likely) then a complaint on that front would be rejected.