PPI Claim out of Ombudsman Juristriction

kazzy2069

Although I realise you do not know the whole case, please do not assume I want the money paid to me I have been solely paying into the debt left with many others by my x partner myself for over 8 years. I was told that it would be an idea to try and claim back ppi on this and other debts, which I have done to reduce the debt I have been left to deal with so when they company said that yes there was redress I asked for this to be added into the debt to wipe some of it out, to which I was then told oh we need your xpartners signature, obviously if the csa cannot get hold of him then it doesn't take a genius to know this would be impossible.

What I do not understand if I am the first on the ppi and even if they could not pay it all off why not half into the debt?? As it was a joint loan in the first palce, What legal rights do I have?

Nasqueron wrote: »

Mirica - imagine you had a PPI complaint, you were owed £10,000 and you complained to the bank, only to be told your ex had already complained and he was given the £10,000 and told to give you £5000 - would you not complain about the fact the bank gave the money all to the ex and hoped they would give you the cash?

That is the issue here, any PPI complaint must be a joint thing if the loan/insurance was in joint names.

As Moneyineptitude says, it is odd that the bank allowed a complaint on a joint loan with only one signature in the first place, I wonder why they accepted a form with only one signature?

kazzy2069

It was a loan secured on a property which was then sold the day before repossession as xpartner felt it was a good idea to stop the property being rented out which was helping towards the mortgage, however when the property sold this was not all paid off and became an unsecured loan. PPI was taken out at the time of loan. For a few who asked.

[Deleted User]

kazzy2069 wrote: »

As it was a joint loan in the first palce, What legal rights do I have?

The same as your ex.

kazzy2069 wrote: »

please do not assume I want the money paid to me

I haven't seen any evidence of anyone here thinking that to be the case. The Bank will never give you all the money anyhow.

Your problem is that in order to release even 50% of any redress to yourself, you need your ex to countersign the complaint.

kazzy2069 wrote: »

I have a PPI Claim that has been agreed

You still haven't explained how the Bank can have "agreed" your complaint?
Are you sure the Bank haven't only agreed to consider your complaint if both original signatories agree? In other words, they have yet to uphold your complaint?

kazzy2069

OK Moneyineptitude I may not have used the correct terminology, FirstPlus agreed that they would payout the PPI claim, which was completed through a third party company, this was dealing with me solely, however when the paperwork came through to pay off towards the loan to pay some off they then asked for my x partners signature to complete the transaction, this was then forwarded to the ombudsman as I was stuck impossible to trace x partner, so the third party company said they would send it through to the ombudsman and I spoke to them direct too, unfortunately they said as it was a joint loan that it was out of their jurisdiction, so I am left with knowing that over half the debt could be written off but as I am unable to get my ex to sign any documentation I still have to continue paying on my debt managment plan for the full amount, I hope this is clearer. If you needd more information please let me know.

Moneyineptitude wrote: »

The same as your ex.


I haven't seen any evidence of anyone here thinking that to be the case. The Bank will never give you all the money anyhow.

Your problem is that in order to release even 50% of any redress to yourself, you need your ex to countersign the complaint.


You still haven't explained how the Bank can have "agreed" your complaint?
Are you sure the Bank haven't only agreed to consider your complaint if both original signatories agree? In other words, they have yet to uphold your complaint?

[Deleted User]

kazzy2069 wrote: »

as I am unable to get my ex to sign any documentation I still have to continue paying on my debt managment plan for the full amount

So, you are back to the original response which is that unless you can persuade your ex to countersign the complaint you'll have to give up. There is no other way for the funds to be released.

kazzy2069

So is there no way I can try and claim for my half of the ppi claim?

Wow so these companies can get away with paying out to the loan which they have wrongly sold ppi on in the beginning and walk away just because they haven't got his signature! Yet they can take my money for 8 years and yes they knew it was just from me it was a debt plan. Seems a tough pill to swallow but thanks for your response.
:mad::mad::mad:

[Deleted User]

kazzy2069 wrote: »

Wow so these companies can get away with paying out to the loan which they have wrongly sold ppi on in the beginning and walk away just because they haven't got his signature!

The vast majority of PPI complaints are not from joint finance and even those that are usually don't have a problem getting both signatures. The Bank isn't "getting away" with anything, it's your personal circumstance which is the problem.

Is there absolutely no way of contacting your ex?

kazzy2069

I wish there was but unfortunately there isn't the CSA have tried, I have hired a PI previously but no luck, but thanks. Have learnt a very hard lesson will possibly now look at bankruptcy, as I have shouldered this burden alone too long, as this is only a portion of the debt he left me with.

I appreciate your help though thanks.

Moneyineptitude wrote: »

The vast majority of PPI complaints are not from joint finance and even those that are usually don't have a problem getting both signatures. The Bank isn't "getting away" with anything, it's your personal circumstance which is the problem.

Is there absolutely no way of contacting your ex?

Insider101

kazzy2069 wrote: »

I wish there was but unfortunately there isn't the CSA have tried, I have hired a PI previously but no luck, but thanks. Have learnt a very hard lesson will possibly now look at bankruptcy, as I have shouldered this burden alone too long, as this is only a portion of the debt he left me with.

I appreciate your help though thanks.

I would get back on to FOS. Remind them of the definition in the FCA handbook of an "eligible complainant" which includes:

" the complainant is a person for whose benefit a contract of insurance was taken out or was intended to be taken out with or through the respondent;"

It does not say anything about the complaint needing to be made jointly between the two parties. If they make this statement then ask them for their authority. The above is yours, DISP 2.7.6(5) from the FCA handbook.

Tell them you are not asking for the full amount of the redress, you recognise it was a policy in joint names and you just want your share. Especially bearing in mind that the complaint has been upheld.

Can't guarantee it will work but worth a shot.

kazzy2069

Thank you do you know if I can download the FCA handbook to see where DISP 2.7.6(5) is and the exact information before I call them?

Insider101 wrote: »

I would get back on to FOS. Remind them of the definition in the FCA handbook of an "eligible complainant" which includes:

" the complainant is a person for whose benefit a contract of insurance was taken out or was intended to be taken out with or through the respondent;"

It does not say anything about the complaint needing to be made jointly between the two parties. If they make this statement then ask them for their authority. The above is yours, DISP 2.7.6(5) from the FCA handbook.

Tell them you are not asking for the full amount of the redress, you recognise it was a policy in joint names and you just want your share. Especially bearing in mind that the complaint has been upheld.

Can't guarantee it will work but worth a shot.