American Express PPI Claim

CHEROKEE_CHARLIE

Hi everybody,
I had my claim for PPI insurance against an American
Express credit card upheld by the Financial Ombudsman in November 2013.
Since then after many phone calls and e-mails the Ombudsman has told me that because the card was taken out in 1994 Amex don't have records going that far back and they are prepared to make an offer but not to the Ombudsman's usual guidelines. They also say that because they have many people in the same situation they are trying to persuade Amex en masse to settle these claims by using the normal guidelines i.e refund of all premiums plus 8% interest etc. Has anybody heard of this scenario before and can anything be done to gee up the Ombudsman to resolve this situation.
16 months seems a long time after a claim has been upheld to still wait for a conclusion.
Also as a footnote, since the claim was upheld I would have had no information from the Ombudsman had I not contacted them.
Any help much appreciated.

Nasqueron

You can't have a refund of all premiums if you cannot prove what you paid, the standard process is to refund based on an average balance for the known process. If the FOS only have guidelines, not rules, it's up to you if you want to accept or go along with the FOS's attempts - it is possible also if you accept the payment and then they agree to change the process you would get any extra payments but check that with the FOS.

maggyp

Hi
I am in a similar position I made a claim against Amex they were quite arrogant so I moved it along to the FOS who upheld my complaint, that was in July 2013. I pester the FSO and was constantly getting the same message they are in negotiation with Amex to get them to settle all claims in line with their guideline. After months of this message I wrote to them and received a phone call telling me that Amex had recently given the FSO their calculations but the FSO have now requested examples of how they are applying these calculations, so I fear another long wait.
I was given the option of accepting an offer of around £715 but I don't think that this goes anyway near the amount they owe me.
The FSO have also indicated that when this problem has been resolved a payment for compensation may be requested, after nearly 3 years I think that I am due.
The FSO have also said that I am not alone.

magpiecottage

You could contact Brighton and Hove Albion and tell them their sponsor has scored an own goal!

Alternatively, you could write to

Mrs Gillean Rachel Dooney
CEO
American Express Services Europe Limited
Belgrave House
76 Buckingham Palace Road
London
SW1W 9AX

and ask her why she has allowed her business to treat you unfairly by failing to pay an award made against it in your favour for nearly three years.

Say that you believe this indicates that she is not fit and proper to carry out her function and are therefore sending a copy to the Financial Conduct Authority.

You can e-mail that copy to consumer@fca.org.uk.

The FCA will not intervene in individual complaints but if a lot of complaints that a business is not settling Ombudsman decisions come in, they will become interested.

CHEROKEE_CHARLIE

I noticed on the FOS website that previously settled PPI claims against AMEX based the refund on the average balance of the credit card if records didn't go back far enough as stated by Nasqueron.
Maybe AMEX are now trying to move the goalposts to save money?.
Surely since the claim has been upheld AMEX are duty bound to offer a refund using the FOS guidelines in a timely manner.
My claim is now almost 3 years old, I might get a resolution by the time I retire in 8 years!!!!.

maggyp

I will ring FOS tomorrow and if there is no change in the situation I am going to take magpiecottage advice and write to the CEO of Amex I hope others will do the same to try and move the situation on.

magpiecottage

Note that the decision must have been upheld by an Ombudsman, as opposed to an adjudicator - and then accepted by you within the time limit.

If that has happened then the decision is legally binding.

If it has not been upheld by an Ombudsman, you can ask for an Ombudsman's decision.

maggyp

I rang the F.O.S this morning and again no change. Amex have not given calculations on how they have worked out the interest. This I am informed by the F.O.S is the same problem they had with Lloyds some time ago and Lloyds on top of paying the ppi payments in line with the FOS guidelines paid compensation.
I am going to write to the CEO of Amex and tell her I do not believe she is fit for the job and copy in the FCA but as the FCA is working with the FOS to try and settle this issue I don't know if it will do much good.

maggyp

Have you had any update on your claim with the FSO on your Amex ppi payment.

I am getting really fed up with the situation.

magpiecottage

Did you get a response from Dooney?

Also, was the decision from an Ombudsman or an adjudicator?

CHEROKEE_CHARLIE

I recently received a letter from Richard Thompson
(Principal Ombudsman) stating that he just wanted to get in touch
to let me know that they had not forgotten about my claim and they
would let me know in the coming months what they think about my complaint. Don't know what that means since the claim was upheld in November 2013. Also he stated he had written to me before, not true,this was the first written communication I've had since the claim was upheld.
What a farce!!!