Ombudsman Turns down my PPI Claim

alsmals

HI All, I really hope someone out there can help me.
I have an extremely water tight case for a PPI refund as I should not have been sold the policy in the first place as I had a pre-existing condition that they knew about and knew they wouldn't pay on!!
Anyhow... the PPI was with First PLus, underwritten by Ocean Finance who the went bust! I tried all avenues... writing to first plus, Ocean Finance, then I found out that that was underwritten by Lloyds insurance and I basically hit a dead end at each turn.
I then decided to take it to the ombudsman as, as i've previously mentioned, my claim in water tight. After 2 years of waiting (and communication with the Ombudsman) i've been told that they can not take it forward as they can not decipher who, in my case, should accept responsibility. The merits of my personal case have not even been reviewed as they are unable to pin the liability onto 1 particular body!! I am livid as they are saying, sorry, but there is nothing we can do! I asked to have the case reviewed, but they said the case hadn't even been reviewed because they need someone to pay out!!
Where do I go from here. Someone has suggested I contact my local politician and someone else suggested Martin. I'm sure he personally won't be interested as he's probably inundated with these kind of situations, but I seriously need some help as I don't know where else to go. I have ALL the documentation to back up the claim, and Like I mentioned previously, it is water tight.
The issues relating to the pay out are due to the fact Ocean Finance, as it was then, (back in 2003), was solvent. It then went bust and re-opened as Ocean Finance & Mortgages!
Please, someone, help... or let me know what you suggest and whether my local MP is a good idea.
Thanks:mad:

Nasqueron

Would it not pay out at all, or would only not pay out for claims on that specific condition?

e.g. if you had heart issues, they may not pay out for that but would do so if say you had another health issue?

May well have problems getting money if the seller is no longer trading though.

societys_child

Not sure what your MP can do about it?

-taff

You have no chance. Forget about it.
It's pre regulation and Richard Newey is never going to give you any money back.

-taff

https://forums.moneysavingexpert.com/discussion/5001358

https://forums.moneysavingexpert.com/discussion/4478519

roonaldo

The seller of the policy is Ocean Finance who don't exist and who were also not regulated at the time anyway, FOS or your MP cannot change this.

You have no recourse to go to the FSCS due to the date.

dunstonh

I have an extremely water tight case for a PPI refund as I should not have been sold the policy in the first place as I had a pre-existing condition that they knew about and knew they wouldn't pay on!!

Pre-existing conditions are only a valid complaint reason when the condition is severe enough to prevent claims in most other areas. e.g. back pains would a pre-existing condition but it would not be a mis-sale as you would be covered in all other areas not linked to back pains.

I then decided to take it to the ombudsman as, as i've previously mentioned, my claim in water tight. After 2 years of waiting (and communication with the Ombudsman) i've been told that they can not take it forward as they can not decipher who, in my case, should accept responsibility.

If it was a pre-regulation sale (which it is) and the seller is no longer trading or with assets then the FOS cannot take it on.

I am livid as they are saying, sorry, but there is nothing we can do! I asked to have the case reviewed, but they said the case hadn't even been reviewed because they need someone to pay out!!

The FOS do not have a remit to review it. They can only review post Jan 2005 cases where the firm are still trading or earlier cases where the firm was a member of an earlier body but the firm are still trading.

Where do I go from here.

You give up.

Someone has suggested I contact my local politician and someone else suggested Martin.

Neither of them can circumvent the law.

Your problems are:

1 - The liability for the sale is with the seller. The seller no longer exists.
2 - You bought it prior to insurance regulation and do not benefit from the FSCS which will only consider sales made after January 2005.
3 - The FOS have no remit to review this case as its pre-regulation and the firm no longer exists.

benlms

alsmals wrote: »

HI All, I really hope someone out there can help me.
I have an extremely water tight case for a PPI refund as I should not have been sold the policy in the first place as I had a pre-existing condition that they knew about and knew they wouldn't pay on!!
Anyhow... the PPI was with First PLus, underwritten by Ocean Finance who the went bust! I tried all avenues... writing to first plus, Ocean Finance, then I found out that that was underwritten by Lloyds insurance and I basically hit a dead end at each turn.
I then decided to take it to the ombudsman as, as i've previously mentioned, my claim in water tight. After 2 years of waiting (and communication with the Ombudsman) i've been told that they can not take it forward as they can not decipher who, in my case, should accept responsibility. The merits of my personal case have not even been reviewed as they are unable to pin the liability onto 1 particular body!! I am livid as they are saying, sorry, but there is nothing we can do! I asked to have the case reviewed, but they said the case hadn't even been reviewed because they need someone to pay out!!
Where do I go from here. Someone has suggested I contact my local politician and someone else suggested Martin. I'm sure he personally won't be interested as he's probably inundated with these kind of situations, but I seriously need some help as I don't know where else to go. I have ALL the documentation to back up the claim, and Like I mentioned previously, it is water tight.
The issues relating to the pay out are due to the fact Ocean Finance, as it was then, (back in 2003), was solvent. It then went bust and re-opened as Ocean Finance & Mortgages!
Please, someone, help... or let me know what you suggest and whether my local MP is a good idea.
Thanks:mad:

It has been held that the broker can be the deemed agent of the lender for the purposes of S140A of the Consumer Credit Act and you should consider an action against Firstplus. You should also have a look at the European Court of Justice case no C-653/11 between HMRC and Mr. Paul Newey who owns Ocean Finance and is as far as I am aware a sole trader. Has he been bankrupted? You may consider that if the deal was actually done by his Jersey based company whether you were misled.

Insider101

benlms wrote: »

It has been held that the broker can be the deemed agent of the lender for the purposes of S140A of the Consumer Credit Act and you should consider an action against Firstplus. You should also have a look at the European Court of Justice case no C-653/11 between HMRC and Mr. Paul Newey who owns Ocean Finance and is as far as I am aware a sole trader. Has he been bankrupted? You may consider that if the deal was actually done by his Jersey based company whether you were misled.

The problem with this one is it is a legal issue. If you take a legal action then whilst in theory the lender can be liable for the actions of the seller, it is not going to go anywhere without solid proof and the onus is on the person making the assertion to provide it.

Brokerwise

alsmals wrote: »

HI All, I really hope someone out there can help me.
I have an extremely water tight case for a PPI refund as I should not have been sold the policy in the first place as I had a pre-existing condition that they knew about and knew they wouldn't pay on!!
Anyhow... the PPI was with First PLus, underwritten by Ocean Finance who the went bust! I tried all avenues... writing to first plus, Ocean Finance, then I found out that that was underwritten by Lloyds insurance and I basically hit a dead end at each turn.
I then decided to take it to the ombudsman as, as i've previously mentioned, my claim in water tight. After 2 years of waiting (and communication with the Ombudsman) i've been told that they can not take it forward as they can not decipher who, in my case, should accept responsibility. The merits of my personal case have not even been reviewed as they are unable to pin the liability onto 1 particular body!! I am livid as they are saying, sorry, but there is nothing we can do! I asked to have the case reviewed, but they said the case hadn't even been reviewed because they need someone to pay out!!
Where do I go from here. Someone has suggested I contact my local politician and someone else suggested Martin. I'm sure he personally won't be interested as he's probably inundated with these kind of situations, but I seriously need some help as I don't know where else to go. I have ALL the documentation to back up the claim, and Like I mentioned previously, it is water tight.
The issues relating to the pay out are due to the fact Ocean Finance, as it was then, (back in 2003), was solvent. It then went bust and re-opened as Ocean Finance & Mortgages!
Please, someone, help... or let me know what you suggest and whether my local MP is a good idea.
Thanks:mad:

Ocean Finance never went bust

magpiecottage

Brokerwise wrote: »

Ocean Finance never went bust

There have beenv four companies called Ocean Finance Limited according to Companies House. Three are dissolved - so nobody to claim against.

One is dormant. In theory you could chase them but only if they are the "right" Ocean Finance Limited.

If you do they may have no money and in any event it predates regulation.