PPI claim being refused due to me being made aware of it more than 3 years ago.

roonaldo

The fact of the matter is your are now complaining they mis-sold you PPI, they say they refunded it in 2009. It would be correct to time bar a new complaint as they made you aware of this over three years ago.

It's odd they pull out the time bar rule when they think they have refunded it anyway. But as they reckon they have sent you a cheque you need to find out what happened to this, and if they have messed up just ensure they are issuing a full refund with the 8% interest up until today not 2009.

DarkKnight43

roonaldo wrote: »

The fact of the matter is your are now complaining they mis-sold you PPI, they say they refunded it in 2009. It would be correct to time bar a new complaint as they made you aware of this over three years ago.

It's odd they pull out the time bar rule when they think they have refunded it anyway. But as they reckon they have sent you a cheque you need to find out what happened to this, and if they have messed up just ensure they are issuing a full refund with the 8% interest up until today not 2009.

the reason they are pulling out the time bar rule is because they havent refunded, they have only refunded interest on £800+ 8%. I wasnt covered as a self employed person, i've read there leaflet The only way i would have got any money out of this policy would have been if i could prove with Inland revenue confirmation that i didnt have enough customers to continue working. No chance of getting a penny if i'd done something stupid like become wheelchair bound for 3 months though.
In short, they are time barring me because they wrote to me, if you feel that that letter from 2009 is clear and fair. you are entitled to your opinion but im sure many more people sailing in my boat wont share your opinion.

Insider101

DarkKnight43 wrote: »

Think this is why the FOS is upholding a lot of complaints that have had letters in the past advising of mis-selling but not being at all clear with the information provided. The FOS have advised me that they have taken on many such cases.

Roonaldo made reference earlier in the thread to your having mentioned a refund from 2006 which you have now edited out. I haven't seen this, so I can only advise based on the information now available to me.

Firstly, I would be careful of anything the FOS tell you over the telephone. Their call centre is full of relatively low skilled customer service staff and they tend to give an impression that they are there to fight your corner and encourage everyone to make a complaint to them. The information provided by them is often a poor reflection of the actual reality. That doesn't mean don't progress your complaint but it is something to bear in mind.

There is also a difference between the FOS "taking on" cases such as this and "upholding" them. If a firm timebars a complaint then the complainant remains entitled to refer it to FOS. FOS can also take on the complaint to review as they will need to consider whether the timebar is fair and appropriate. From there 3 things can happen:

1) They agree with the timebar and dismiss the case without consideration of the merits
2) They disagree with the timebar, consider the merits of the case but reject it.
3) They disagree with the timebar, consider the merits of the case and uphold it.

Basically, it comes down to whether you knew, or should have known, in 2009 that you had grounds for complaint. The customer contact letters being sent out by banks over the last 2 years have been reviewed and approved by the FCA. It has been agreed that the content is sufficient too make customers aware that they may have grounds for complaint and start the three year clock running.

However, back in 2009, this wouldn't have been the case. Therefore, it will come down to whether FOS think their letter was specific and well worded enough to make you aware.

Do be aware that if your complaint is ultimately upheld, the amount previously repaid will be deducted from what you are offered.

DarkKnight43

Insider101 wrote: »

Roonaldo made reference earlier in the thread to your having mentioned a refund from 2006 which you have now edited out. I haven't seen this, so I can only advise based on the information now available to me.

the edited reference was regarding the date of their letter, i'd mistakenly wrote 2006 instead of 2009

I wanted to post my experience of PPI claiming and maybe get some other experiences of claim barring.
whether my complaint is upheld is for the FOS and not for this forum.
Your post was informative thank you.

[Deleted User]

DarkKnight43 wrote: »

whether my complaint is upheld is for the FOS and not for this forum.

Nobody on this forum is precluded from giving their opinion on your chances of success. The important thing to remember is that you have only spoken to the FOS call centre, not to an actual adjudicator who will ultimately review your case, so I wouldn't pin your hopes on what you have been told so far on the 'phone.

magpiecottage

This is a duplicate thread.

[Deleted User]

magpiecottage wrote: »

This is a duplicate thread.

Not really, the poster concerned now has a copy of the original letter from Liverpool Victoria.

I do agree you already answered most of his questions on the other thread.

magpiecottage

Moneyineptitude wrote: »

Nobody on this forum is precluded from giving their opinion on your chances of success. The important thing to remember is that you have only spoken to the FOS call centre, not to an actual adjudicator who will ultimately review your case, so I wouldn't pin your hopes on what you have been told so far on the 'phone.

I would agree with this.

Those on the telephone at FOS are not qualified and will only have heard one side of the story.

Additionally, FOS will normally only apply a timebar if a firm asks it to (and it agrees with the firm that the timebar is valid). From what the OP says, the firm's case for timebarring seems quite strong.