PPI Reclaiming successes and failures

[Deleted User]

pop_gun wrote: »

So you've never used the FOS, but you're defending them as though your job depended on it.

Am I really the one being vociferous here? I doubt it.

magpiecottage

pop_gun wrote: »

How can it be a good thing for consumers for an organization such as the ombudsman to ignore the law when arriving at a decision?

I agree that FOS should comply with the Law regardless of who is favoured (or disadvantaged) by it doing so.

But the good news is that the Financial Services Bill is currently making its way through Parliament.

So now is the time to write to your MP and demand that FOS should comply with the Law and not make it up for itself.

pop_gun wrote: »

I've used the FOS and they didn't give me an explanation of why they rejected my complaint. My complaint was supported by a court order, no less!

FOS will not normally get involved in a case if a court has already become involved.

Even when I telephoned the complaint handler he just kept repeating the decision and refused to give reasons as to how he reached his conclusion.

You seem to be referring to an adjudicator - you can still ask an Ombudsman to consider it (although my point about not intervening if a court is involved still stands).

In the link I provided there were reports of the ombudsman forcing complainants to accept derisory PPI offers from their banks. When the complainant (rightly) refuse those offers the ombudsman closed their complaints.

Your comment is contradictory. If a complaint is forced to accept an offer then they cannot, by definition, refuse it.

you clearly have never used the FOS. It's a shame some desperate people will read your post and think because it's free they should use it.
Nothing worth having is often given freely.[/QUOTE]

pop_gun

Magpiecottage, I'm aware the FOS don't handle cases that are in litigation. You will notice from my post that I obtained the court order before pursuing a complaint with the ombudsman.

magpie, we don't need more legislation in the form of the financial services bill, we need for current legislation to be enforced properly.

Against some banks the ombudsman has a 6% upheld rate. For the first quarter of last year it had a 47% upheld rate across the board. If you factor in some\ or most (depending on your preference) will be subject to the banks offering less than the real value of the claim and the ombudsman agreeing with those offers. You're left with a situation no better than if you went to a PPI solicitor or CMC.

pop_gun

hieveryone wrote: »

My mum was knocked back by Lloyds TSB with the reason given that there was not sufficient evidence to uphold the claim.

Any ideas of next steps please?

If it's for a significant amount, take it to a PPI solicitor who specialises in no win no fee.

dunstonh

pop_gun wrote: »

If it's for a significant amount, take it to a PPI solicitor who specialises in no win no fee.

Despite the limited success that people are having in the courts?

Or do you mean a fly by night claims company who uses the same free of charge complaints process the OP has already used?

Mr_BARGAIN_2

providing you have all the information/documentation then yep go to through the courts u might have a prob getting a solictor as they like to cherry pick on a no win no fee. go to C A B they should try and get you a solictor on a 30 min consultation period should you win the claim then you apply for costs

pop_gun

dunstonh wrote: »

Despite the limited success that people are having in the courts?

Or do you mean a fly by night claims company who uses the same free of charge complaints process the OP has already used?

Do you mean the limited success that has barclays setting aside 700m and lloyds 1bn for PPI claims?

As soon as I see a post from you I know I'm going to be right.

Ris78

Thank you for your advice receiving 267 back from halifax and 601 from mbna just waiting for two more replies now only sent forms off a few weeks ago :j

philip6

Moneyineptitude wrote: »

I've hit the Spam button for the above post...

Thats nice - I'll enjoy spending the money!!

I really couldnt be arsed - but hey, i'm happy!

dunstonh

pop_gun wrote: »

Do you mean the limited success that has barclays setting aside 700m and lloyds 1bn for PPI claims?

As soon as I see a post from you I know I'm going to be right.

Please provide evidence of the court cases where Lloyds has put aside £1 billion to pay out on or Barclays £700m.
You cant because they havent.

There have actually been very few known court cases and the lenders have succeeded in the majority. Even Black Horse which has an over 90% uphold rate at the FOS has won in court. Many people here would be interested to see where these court cases you refer to with such large payouts are because it would change things significantly. Currently the FOS is the best way but you seem to think others have having success in the courts. So, point to the evidence.