Claiming 6 over months after 'final decision'

Adam0570

I had a final decision letter rejecting a claim of mine, from Capital One, in December 2012 and put it to one side. I have not acted upon it since. Have I 'had it'? The FOS says it can only help in exceptional circumstances after 6 months.


It's my own stupid fault, I know. I am wondering if it is worth using a Rottweiler claims service and taking the hit... if indeed it is possible at all.


Does anyone know it I can still claim/use the FOS/if its worth getting a claims company involved?


Thanks!

Insider101

Adam0570 wrote: »

I had a final decision letter rejecting a claim of mine, from Capital One, in December 2012 and put it to one side. I have not acted upon it since. Have I 'had it'? The FOS says it can only help in exceptional circumstances after 6 months.


It's my own stupid fault, I know. I am wondering if it is worth using a Rottweiler claims service and taking the hit... if indeed it is possible at all.


Does anyone know it I can still claim/use the FOS/if its worth getting a claims company involved?


Thanks!

No point whatsoever getting a CMC involved, they are not going to change the statutory 6 month time limit.

You are not "claiming" you're complaining and your complaint has been rejected. As you are aware, you have a six month time limit which will only be waived in exceptional circumstances. Do you have any?

dunstonh

I had a final decision letter rejecting a claim of mine, from Capital One, in December 2012 and put it to one side. I have not acted upon it since. Have I 'had it'? The FOS says it can only help in exceptional circumstances after 6 months.

And they mean exceptional. you would have to explain, not just the 6 months after, but all the period after. Typically they consider direct family member bereavement and incapacity as the sort of justifiable reason.

I am wondering if it is worth using a Rottweiler claims service and taking the hit... if indeed it is possible at all.

They have no magic wand. They use the same free of charge process you use. All they do is a stamp on the envelope.

Times up. If you can see any positive from this then its worth noting that Cap One has one of the lowest overturn rates at the FOS. Between 10-25% depending on the monitoring period. So, statistically, the odds were against you even if you could use the FOS.

roonaldo

You had 6 months, its now 18 months so you have missed the boat. A CMC cannot change this.

[Deleted User]

roonaldo wrote: »

A CMC cannot change this.

Indeed, if the OP actually attempts a complaint without telling the CMC that he has made the same complaint two years ago, the CMC will likely charge him for wasting their time.

u101440

Sorry to hijack this but I had a similar situation to the OP and was wondering were I stood (suspect the same tbh).

I had a loan(s) with Avco Trust many years ago. I didn't have the original loan paperwork but I did have summary statements from them detailing how much PPI I had paid when the loan was first taken out (as it was charged up front) and the account number/my address, etc. - these statements show payments made, etc. to the loan.

I duly sent my PPI claim form (with all the documentation) off to Citi who eventually rejected me saying they couldn't find my account (even thought everything other than the original loan paperwork was provided).

This was over 6 months ago now and I was in the process of moving house, etc. so never got back to this.

Am I in the same boat here since they have reached a 'final verdict' but couldn't find my account so surely they can't reach a 'final verdict' on something they cannot find?

Thanx guys

[Deleted User]

u101440 wrote: »

even thought everything other than the original loan paperwork was provided

On very old finance, usually only complainants with very thorough documentation are able to complain successfully. The exceptions are normally long-term customers who still have an account with the banks concerned.

u101440 wrote: »

This was over 6 months ago now

Well, you've left it too late to refer the complaint to FOS who certainly won't accept a house move as a legitimate reason for missing the deadline.

u101440 wrote: »

surely they can't reach a 'final verdict' on something they cannot find?

They already have, your letter was their "full and final" response. Only if you somehow turn up the missing document would you be able to go back to them.

u101440

Wow you come here for advice and get this??? - this is for magpiecottage

If you read the post I put on you will see that I do have paperwork just not the originating loan paperwork...but I have everything else that Avco sent to me and this shows the original account number, loan amount, ppi charges and payments made.

I'm aware that financial institutions only need to keep records for a certain time (unless it suits them otherwise to prove their own point which I've had in the past) but surely the paperwork I have should have allowed Citi to at least see that I was a customer in the past. Since we're talking about going back to the early '90s here then having any paperwork on my side is a godsend but since Citi have taken this on then they will do what they can to avoid paying out and this includes denying they know of the existence of a loan even though its shown to them that it does.

All that Citi kept coming back with (taking them 6 weeks at a time to reply and doing this repeatedly for 3-4 times) was that they couldn't find my account and could I give them more detail (the standard fob-off) but I'd given them more than enough in my opinion to prove the loan did exist.

Guess in future I just need to be vigilant in what documentation I retain...and indeed what simple question I ask on these forums.

[Deleted User]

u101440 wrote: »

If you read the post I put on you will see that I do have paperwork just not the originating loan paperwork...

In short, you didn't have thorough enough documentation and you've left it far too late to refer to the Ombudsman.

u101440 wrote: »

I had a similar situation to the OP and was wondering were I stood (suspect the same tbh).

You knew the answer before you posted.
EDIT:

u101440 wrote: »

edited to reflect who message was to

Ah, it appeared you were responding to my post.

u101440

Sorry Moneyineptitude...I didn't quote the first post and as soon as I posted I saw your reply (which was very helpful) and that's why I altered my post to reflect my thots.

Don't mind being called dumb when it's warranted but don't like sarcasm when someone is asking a question on something they think should be straightforward but isn't in their mind.

Guess I'll need to dig for those documents to see what I have lying around but doubt I have them now...have everything else just not the originating loan paperwork which is a pain obviously.

[Deleted User]

u101440 wrote: »

I'll need to dig for those documents to see what I have lying around but doubt I have them now...have everything else just not the originating loan paperwork .

Ironically, the Ombudsman would likely have looked favourably on the evidence you have. However, what you haven't said is what your actual mis-selling reasons were. Even if you had full documentation, there are still no guarantees your complaint would have been upheld.