PPI going round in circles - Help!

-taff

nicks43skr wrote: »

Having now got my September statement it's still the same, on ringing PPI, I've been told they made an error and it's up to me to repay!!

I'm refusing to do so as I've spent the money but also as it's their error and my credit card was clear before all this.

Am I in my rights to do so?

No, you're not.

nicks43skr

amersall wrote: »

When they paid the credit to your card you should not have spent this as they raise a cheque to you and take the balance off the card, they should have told you this, now you have to pay interest each month on this card balance.

This was never reiterated to me.

The financial ombudsmen advised me they are in the wrong and as a consequence I should not pay

Vectis

nicks43skr wrote: »

This was never reiterated to me.

The financial ombudsmen advised me they are in the wrong and as a consequence I should not pay

Very quick response from the Financial Ombudsman since yesterday's post!

So, basically you've been paid double by mistake and are wondering why you've been asked to pay half it back?

Really? Are you serious?

Vectis

Or shall I just give you the answer you're obviously looking for?

No, of course you don't have to pay it back if it was paid to you in error.

There we go, sorted!

misschicken

Was that a response in writing from the FOS or over the phone? World of difference.

Goldiegirl

Just imagine, if YOU, by mistake, had paid THEM, something twice in error, and they wouldn't pay back the overpayment, because it wasn't their fault.

You'd be jumping up and down with rage, and demanding your rights that they give the money back.

So why do you think it's ok for you to keep the money?

dunstonh

The financial ombudsmen advised me they are in the wrong and as a consequence I should not pay

Rubbish. The FOS give no such advice over the phone. The telephone line at the FOS is manned by unqualified and untrained individuals who are not able to give any advice like that. They are scripted to never refuse to accept a complaint (unless it is outside remit) and are nearly always encouraging people to make a complaint. Frequently going too far by being in agreement with everything the caller says even when it is wrong. Getting false hope from the FOS telephone line is frequent and one of the negatives of the FOS.

Legally, you have no entitlement to that money. You knew it was an error as the amounts were provided to you. If you have spent the money, then the firm has to give you a reasonable repayment period. Typically that is 12-24 months by monthly payment. However, they are also within their right to ask for your bank statements to prove you cant pay it. If you refuse that, then they can refer it to their bad debts team/collections agency and go down the route of getting a CCJ lodged against you.

you only have a case to keep the money if you have reasonable expectation of the money. You clearly do not have reasonable expectation as it is an obvious error and duplication. So, the law is against you.

nicks43skr

dunstonh wrote: »

Rubbish. The FOS give no such advice over the phone. The telephone line at the FOS is manned by unqualified and untrained individuals who are not able to give any advice like that. They are scripted to never refuse to accept a complaint (unless it is outside remit) and are nearly always encouraging people to make a complaint. Frequently going too far by being in agreement with everything the caller says even when it is wrong. Getting false hope from the FOS telephone line is frequent and one of the negatives of the FOS.

Legally, you have no entitlement to that money. You knew it was an error as the amounts were provided to you. If you have spent the money, then the firm has to give you a reasonable repayment period. Typically that is 12-24 months by monthly payment. However, they are also within their right to ask for your bank statements to prove you cant pay it. If you refuse that, then they can refer it to their bad debts team/collections agency and go down the route of getting a CCJ lodged against you.

you only have a case to keep the money if you have reasonable expectation of the money. You clearly do not have reasonable expectation as it is an obvious error and duplication. So, the law is against you.

Completely incorrect.

I have received NO correspondence pertaining to the payments or amounts applicable - I was given NO letter of offer or correspondence in relation to the sums payable as PPI

As a consequence, how on Earth can I be in a position to know how much is owing to me?! I didn't even receive any correspondence whatsoever advising I was in a position to be eligable for PPi in the first place.

Therefore, your ridiculous comment amount me "knowing it was an error" is simply ignorant.

The values of the cheques and the breakdown of the sums detailed on the statements were completely different and anyone in my position would of assumed the same.

I was even paid £30 for "inconvenience".

a) I spoke to the FO late on Friday who informally advised me that due to the error, I shouldn't be forced to pay.

b) Following a long conversation with Marbles / Bank of Scotland this morning I have now been advised this has been written off as an administrative error and as a consequence my CC balance is now zero.



Thanks for all the advice - glad I didn't have to pay for any of it.

[Deleted User]

nicks43skr wrote: »

Following a long conversation with Marbles / Bank of Scotland this morning I have now been advised this has been written off as an administrative error and as a consequence my CC balance is now zero.

Not a bad return on your PPI complaint, double the amount you were actually awarded and you're not even being asked to return the money sent to you in error.

A most unusual occurrence...

dunstonh

Completely incorrect.

No it is not.

a) I spoke to the FO late on Friday who informally advised me that due to the error, I shouldn't be forced to pay.

Please name that financial ombudsman then. They are on a list published on the FOS website. I bet that the peroson you spoke to was not an ombudsman. I bet it wasnt even an adjudicator. That is because you only get access to them once you lodge a complaint with the FOS and they have obtained details from the firm in question.

A phone call would be just to the telephone support staff who are unqualified and not allowed to make decisions.

As a consequence, how on Earth can I be in a position to know how much is owing to me?! I didn't even receive any correspondence whatsoever advising I was in a position to be eligable for PPi in the first place.

Read your first post again. You said you were told the amounts.

Therefore, your ridiculous comment amount me "knowing it was an error" is simply ignorant.

I was only going by what you said. If you are now changing your story then how do you expect us to give correct information?

b) Following a long conversation with Marbles / Bank of Scotland this morning I have now been advised this has been written off as an administrative error and as a consequence my CC balance is now zero.

if that really is the case, then you have got lucky. Legally, you had no entitlement to it.

This is what the FOS say on their website about credits paid in error (which matches what I said):
In the board game Monopoly© it is good news if you get a card telling you that the bank has made an error in your favour – as you get to keep the money. But in real life, things are different. When dealing with complaints about misapplied credit, we generally take the view that consumers are required to return any money paid to them by mistake.

In certain circumstances, however, we may sometimes think it fair for the consumer to keep some or all of the money. This will usually be where the consumer reasonably believed that the money was theirs to spend – and spent it in a way they would not otherwise (or usually) have done.
--

You got lucky. Now you are a sore winner. Perhaps you should donate this money to a charity to regain some morals.