PPI Reclaiming discussion

katiekittykat

tiggrae wrote: »

Hi there, 8 weeks is the statutory complaints procedure time frame, they have to respond to you complaint within that time scale or provide a reason why not.

Thanks for that


xxx

vodkafreak

Well, it finally came! The bog standard fob off letter basically telling me i have no claim!
What i found interesting though was the following section!:
"I am sorry if this is not the answer you wanted, but i hope my explanation is helpful. Our aim is to resolve all complaints internally, although we recognise this may not always be possible.Financial services complaints we cannot settle may ultimately be referred to the Financial Ombudsman Service.Before that option becomes available to you, if you would like to talk about this further or remain dissatisfied with our response and wish to escalate this internally, please call me on ***********.
You may also make use of the Finance & Leasing Associations conciliation scheme to resolve your complaint. We are a member of the FLA and are bound by their lending code."
So why are they asking me to contact them & discuss this further if i have no case!!?? Why on earth would i wish to "escalate this internally" if they are unable to uphold my complaint?!
I am also still waiting for a breakdown of the settlement figure from them which i have requested twice now! I think i will reply to them by saying i will refer the complaint to FOS as i feel an"internal escalation" would not be in my best interest!
Any thoughts on this?

tiggrae

vodkafreak wrote: »

Well, it finally came! The bog standard fob off letter basically telling me i have no claim!
What i found interesting though was the following section!:
"I am sorry if this is not the answer you wanted, but i hope my explanation is helpful. Our aim is to resolve all complaints internally, although we recognise this may not always be possible.Financial services complaints we cannot settle may ultimately be referred to the Financial Ombudsman Service.Before that option becomes available to you, if you would like to talk about this further or remain dissatisfied with our response and wish to escalate this internally, please call me on ***********.
You may also make use of the Finance & Leasing Associations conciliation scheme to resolve your complaint. We are a member of the FLA and are bound by their lending code."
So why are they asking me to contact them & discuss this further if i have no case!!?? Why on earth would i wish to "escalate this internally" if they are unable to uphold my complaint?!
I am also still waiting for a breakdown of the settlement figure from them which i have requested twice now! I think i will reply to them by saying i will refer the complaint to FOS as i feel an"internal escalation" would not be in my best interest!
Any thoughts on this?

because that's not their final response and you need a final response before going to the FOS

gigsy

tiggrae wrote: »

You need to start Court Proceedings or at least threaten them - the relevant law is the Misrepresentation Act 1967 - you have been Negligently Misrepresented to and as such the onus is upon them to prove otherwise - this legislation is only 3 pages long and can be down loaded from the internet - fill in a N1 claim form and send a copy to them - tell them you'll issue the form in the New Year if you don't get satisfaction.

Thanks for this.
What does that entail please, in terms of costs and time spans. Can this be done simultaenuously with the FOS and if not if I don't win can I still go to the FOS? Sorry to sound negative but have just been on the phone to the complaints exec who was very non commital and went into robot mode and told me that their offer was not an admission but a gesture of good will as they would be cancelling the policy for me. I threatened the court route like you said but she said that they would only deal and correspond with the FOS. I am worried now that it might all go Pete Tong. Please help.

maxdp

Hi

Had that response from Barclaycard and thinking it was the FINAL RESPONSE went to the Ombudsman who told me I had to wait until 8 weeks was up. They do like to play games. Think they think that cleverly worded (as they think) letters put people off taking it further. I think not;)

Good luck and keep trying just think that some salesperson somewhere has had a very good little bonus selling PPI's.:rolleyes:

tiggrae

gigsy wrote: »

Thanks for this.

What does that entail please, in terms of costs and time spans. Can this be done simultaenuously with the FOS and if not if I don't win can I still go to the FOS? Sorry to sound negative but have just been on the phone to the complaints exec who was very non commital and went into robot mode and told me that their offer was not an admission but a gesture of good will as they would be cancelling the policy for me. I threatened the court route like you said but she said that they would only deal and correspond with the FOS. I am worried now that it might all go Pete Tong. Please help.

So they'll only respond to the FOS, so that means they'll ignore a County Court summons - I think not !!

Costs - not sure for the value of your claim but you could check on the HMCS - Her Majasty's Court Service - as £13k is above the Small Claims limit - you may have to take out indemnity insurance as you would be liable for costs should you lose - I suggest consulting a solicitor. If you go down the FOS route (which you can as your loan was taken out in the right timeframe) is free but would take longer.

gigsy

tiggrae wrote: »

So they'll only respond to the FOS, so that means they'll ignore a County Court summons - I think not !!

Costs - not sure for the value of your claim but you could check on the HMCS - Her Majasty's Court Service - as £13k is above the Small Claims limit - you may have to take out indemnity insurance as you would be liable for costs should you lose - I suggest consulting a solicitor. If you go down the FOS route (which you can as your loan was taken out in the right timeframe) is free but would take longer.

Thanks for the reply guys. I'll call FOS tomorrow.

NannyB

Hi all,
Have had the no, your ppi was not missold letter from Egg today, and they say that is their final decision.. Am I right in sending the second letter now.. The ppi was sold to me as a single premium policy without anything being said by the salesman, not the cost of it, anything, he implied I needed it to get the loan, the loan of £10000 was paid off 2 years early and they received over £13000 for it.
What should I do now.
Many thanks

gt568

NannyB wrote: »

Hi all,
Have had the no, your ppi was not missold letter from Egg today, and they say that is their final decision.. Am I right in sending the second letter now.. The ppi was sold to me as a single premium policy without anything being said by the salesman, not the cost of it, anything, he implied I needed it to get the loan, the loan of £10000 was paid off 2 years early and they received over £13000 for it.
What should I do now.
Many thanks

Absolutely send the 2nd letter, threaten court or FOS. Have a look at the letter in post 1389 as well.

niemowle

hi , i can see i am not the only one with a problem...PPI
I believe i have a case...all of them (4) are with Barclays but i have not yet read any success stories with Barclays or Barclaycard i am going to write to them anyway and hope to get some answers, wish me luck