Re-assessment of PPI Claims

Ms_Manchester_2

Hi

Has anyone put in a re-assessment PPI claim - following on from the latest article on MSE whereby some banks have not calculated the PPI refunds correctly.

I put one in to Lloyds which has been ongoing since June - they are now 6 weeks over the date they should have given me a decision. I have continually chased them and get the same answer that my case is awaiting final decision. They seem to be using delaying tactics and they have also encouraged me to put a complaint to the FOS which I have now done. When they dealt with my PPI claim last year they paid out within 8 weeks so very different service! Has anyone else had these experiences with a re-assessment claim? Thanks

russell_hobbs

Hi

After the advise on MSE, I sent a letter to Capital one to re look at the claim that they said they would not pay out on in 2012, I have had a letter back stating they have already made their decision and it is to late to apply to the Ombudsman service, I was totally mis sold this insurance over the phone when I called to activate the card I was bullied into it as the operator would not activate the card until I agreed to the insurance, what can I do next. thanks

[Deleted User]

Ms_Manchester wrote: »

Has anyone put in a re-assessment PPI claim - following on from the latest article on MSE whereby some banks have not calculated the PPI refunds correctly.

I put one in to Lloyds which has been ongoing since June - they are now 6 weeks over the date they should have given me a decision.

Although millions of cases are being re-opened, it's not up to customers themselves to request such action. The regulator has taken the Banks to task for the way in which certain complaints were handled. This is being addressed, but only with the complaints affected.

The news was not an excuse for all and sundry with rejected complaints to re-submit them!

The Bank have already rejected your complaint and so they are under no obligation to respond to your request within any set timetable. You are also unable to refer your complaint to the Ombudsman.

russell_hobbs wrote: »

what can I do next. thanks

Your complaint ended in 2012. There is nothing you can do 2 years on.


Anyone thinking of requesting that the Bank re-open their rejected complaint should realise that there is absolutely no point in doing so unless they have new and compelling evidence not in the original submission.

Anyone not hearing otherwise from their Bank, should simply assume that the original rejection still stands.

Ms_Manchester_2

I did not have my PPI claim rejected it was paid out by Lloyds last year. What I do believe is that the calculations on the 3 loans was incorrectly calculated which is why I put in a re-assessment claim as per latest press stories. If they used the incorrect calculations then I may be due for a further payout. They sent me pages and pages of calculations and I trusted that what they advised me was true and accurate.

I think I am therefore entitled to put my complaint to the FOS as it is now over 7 weeks past their stated deadline date that they said they would give me a decision on. I have chased Lloyds with several phone calls and letters and have still not had their decision so given them ample opportunity to deal with this.

They have not said I don't have a further claim and said they are re-investigating my re-assessment it is just they are not doing this within the regulated guidelines.

Has anyone else put a re-assessment in following a successul payout? Thanks

[Deleted User]

Ms_Manchester wrote: »

I think I am therefore entitled to put my complaint to the FOS

You aren't entitled to complain to FOS until you have received a full and final response to your complaint or eight weeks have passed. However, since you've asked the bank to "re-assess" your original complaint the Bank are under no obligation to respond within that timetable. In addition, FOS cannot force this "re-assessment" unless you have documentary proof that you paid more than you were offered and accepted. You cannot complain to FOS simply because press reports have made you think you "may" have been underpaid.
As I said last week in response to your original post;
Although millions of cases are being re-opened, it's not up to customers themselves to request such action. The regulator has taken the Banks to task for the way in which certain complaints were handled. This is being addressed, but only with the complaints affected.

Ms_Manchester wrote: »

Has anyone else put a re-assessment in following a successul payout?

No, you've agreed a "full and final" settlement. Only if your case is one of those already identified by the regulator are you likely to hear any more of this.

Ms_Manchester_2

Thanks for the reply.

It was Lloyds themselves who said in their letter that they would give me a decision in approx 6 weeks.

They have not rejected my re-assessment claim.

I think if we waited for Lloyds themsleves to take action on appropriate cases it would be years before we heard anything and probably after deadlines imposed! They are probably massively understaffed - they are using staff who speak very little English and read from a script to deal with claims. Having spoken to them on 7 occasions I have never yet spoken to anyone who appears to speak English well. Whatever question you ask them they give a reply from a general script which does not actually answer your question. My gut instinct is that Lloyds won't deal with any appropriate cases themselves unless the claimant contacts them and they have to. Lets wait and see and I will keep you posted. Thanks Ms Manchester

lovinituk

Ms_Manchester wrote: »

What I do believe is that the calculations on the 3 loans was incorrectly calculated

You don't believe that at all or you would have made an effort to understand the calculations and query it prior to accepting their offer.

You are just chancing your arm off the back of the latest news.

saver861

lovinituk wrote: »

You don't believe that at all or you would have made an effort to understand the calculations and query it prior to accepting their offer.

You are just chancing your arm off the back of the latest news.

I'm not sure how you can conclude that on the basis of the posts made thus far, or I am missing something.

It the original claim was not calculated correctly then it has to be rectified.

Of course, if the calculations show that the OP has been paid too much then said OP will have to refund the overpayment, just the same as Lloyds will have to do if they made an underpayment. If it is correct then nobody pays anything.

So when people are querying underpayments they run a slight risk that they may find something they don't want to hear. They may have been paid too much, which would have to be refunded to the bank! Works both ways.

lovinituk

saver861 wrote: »

I'm not sure how you can conclude that on the basis of the posts made thus far, or I am missing something.

She said she didn't understand all the complicated calculations they sent her when they made the offer. How can she in believe in something that she doesn't even understand.

Its a knee jerk reaction on the back of the recent news. Thousands will be thinking "ooh we can get a few more quid out of this now" without even understanding it, which this thread has already started to prove.

saver861

lovinituk wrote: »

She said she didn't understand all the complicated calculations they sent her when they made the offer. How can she in believe in something that she doesn't even understand.

Well that would be making an assumption that the OP has not had further clarification of the figures.

lovinituk wrote: »

Its a knee jerk reaction on the back of the recent news. Thousands will be thinking "ooh we can get a few more quid out of this now" without even understanding it, which this thread has already started to prove.

Should claimants then not pursue valid underpayment cases? Your statement is too sweeping.

In reality, the case of under or over payment is much less subjective than many of the original complaints. There is a formula, thus the correct compensation should have been made. If it has, then no further payment will be made - i.e. such cases will not ".. get a few more quid..".

Insider101

saver861 wrote: »

I'm not sure how you can conclude that on the basis of the posts made thus far, or I am missing something.

It the original claim was not calculated correctly then it has to be rectified.

Of course, if the calculations show that the OP has been paid too much then said OP will have to refund the overpayment, just the same as Lloyds will have to do if they made an underpayment. If it is correct then nobody pays anything.

So when people are querying underpayments they run a slight risk that they may find something they don't want to hear. They may have been paid too much, which would have to be refunded to the bank! Works both ways.

It doesn't. If they have undercalculated then they are in breach of FCA rules and are obliged to remediate and rectify their error. If they have over offered then that is their problem. The offer (incorrect though it s) has been accepted and paid in full and final settlement. Therefore, it's their problem. The FCA are not going to do anything about it and they wouldn't have a leg to stand on in court.

AFAIK though the wrong calculation cases are mainly to do with not taking consequential loss into account (e.g. overlimit fees resulting from PPI). It's not the sort of error which could have worked out in the customer's favour.