Pip case with financial obundsman

Nelly1927

My case has been with the financial ombudsman for over 24 months . In a nutshell my claim is from over 10 years ago and the bank admit I had it but have no record of how much PPI was paid per month .The obundsman say they need this info to conduct the case fairly which I have no objection to. But where does the case go from here as the obundsman informed me today that they are in discussions with the banks to come up with a fair way to treat cases of this kind.is anybody aware of such disscusions taking place or has anybody had a similar claim to mine which has reached a conclusion ? Many thanks

Nelly1927

Forgot to add that the obundsman has been requesting this information from the bank for over 12 months and tell me that usually if they don't receive information requested within a month or so they continue without it .Unfortunately they can't tell me why this hasn't happened in my case .

HAL_9000_2

Sounds like they are persuing a test case. I had a similiar situation with the FOS when they hoovered up a number of cases including mine against the Yorkshire/Clydesdale Bank. It took two years and two weeks to get an upheld decsion from the FOS.

In those two years it appeared to me they were having issues with Yorkshire/Clydesdale - the FOS terminology was inconstencies, but todays publication of the fine details against Yorkshire/Clydesdale, it would suggest it was fraud and deceit they were dealing with.

Just hang in there, the chances are from personal expierance it will work out.

Marty...

-taff

If the ombudsma has rules in your favour, the bank has to reconstruct your possible transactions. Without records, they can't do this.

Nelly1927

Thanks for the info , my idea of the FOS was to initially ascertain whether the person had been miss sold the PPI or not and as it was the bank who informed me that it was on the loan(without my knowledge ) I thought the case would be reasonably simple .If I was miss sold surely the amount of PPI is a secondary issue to being miss sold but seems not. As you say it sounds like a test case although I thought if they were in"disscusions" with the banks it would be public knowledge also . Thanks for your help

Nelly1927

Taff that is similar to what the FOS is telling me but they are unable to advise of the next step I feel this favours the banks and has little to do with the fact it was added without my consent . Cheers

HAL_9000_2

Nelly1927 wrote: »

.If I was miss sold surely the amount of PPI is a secondary issue to being miss sold

Correct, when and if you get a letter from the FOS for an upheld complaint it merely states the firm has to reconstruct your account as if PPI was not added from the outset in accordance with the FOS guidlines. The FOS in my case did not get involved with any caclulations. So unfortunatley the well respected -Taff is not correct in this particular instance.

Marty...

dunstonh

I feel this favours the banks and has little to do with the fact it was added without my consent .

Its similar to the legal position. You are the one making the allegation. No evidence exists to back up the allegation. If I was to accuse you are stealing £200 from me, would you expect evidence or would you just pay me the £200?

This one is strange though as there is already a process in place for loans as the banks can reconstruct the PPI amount as they only need to know the term of the loan and the amount. This is already part of the guidelines. It is harder on credit card PPI as there is an averaging on that which requires proof of premiums paid in some period.

Nelly1927

The bank only has the loan agreement number and says it did have PPI applied to it ,they have no other details apparently this is where the problem lies I think but as I said they were the ones who made me aware of it so don't know why they don't have the loan amounts and duration.

magpiecottage

-taff wrote: »

the ombudsma

I like that - ask somebody's Mum to step in and sort it out!

-taff

There is no guideline on the FOS website for the eventuality of there being a PPI policy, but absolutely no records. Every scenario has some kind of record being left.
http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/redress.html#redresscc
In the total absence of records, they can't reconstruct anything about the account.

Are you not able to find any bank records to show payments to the credit card?