PPI Reclaiming successes and failures

worried48

Phil-2244 wrote: »

So if someone was genuinely mis-sold, in person at a branch, but can't evidence it that means their complaint isn't valid? It strikes me that many people were mis-sold in this way, and frankly it's no surprise that there is little evidence to prove the injustice. Thousands of people were mis-sold, in person, and wilfully signed all the paperwork because they believed what they were told by the bank 'sales' person. How is it that according to some of the posts on here, many receive settlements with virtually no evidence, yet others who go into some detail have to jump through hoops. The lack of consistency is troubling to say the least......

It is troubling. Bear in mind that as soon as someone makes a complaint on any basis at all, the bank is required to investigate, this is because the FOS says that presenting a complaint poorly is not allowed to disadvantage the customer. So anything that comes up in the investigation that the bank sees is going to mean they will lose, results in a win for the customer even if the customer complained for a totally different reason (or, as one poster here said, "because everyone else is doing it!")

But those of us who went into banks in person and experienced the "won't take no for an answer" hard sell know very well what was done, and yes, if the ombudsman sees anythign in the sales script that makes it look as if the sale could easily be understood as compulsory, they will uphold the complaint. The difficulty is that if no such indicator is present in the script, the ombudsman has only the customer's word for it, and if they found in favour of the customer all the time on the grounds of pressured sales then every single complaint would be upheld if the customer used the right words.

Lloyds screwed us over for 16k in PPI and yes we certainly were not allowed to say no. I am well aware that it happens and desperately hoping for two upholds (two loans are involved) which would make all the difference in the world to us.

angeleyes99

worried48 wrote: »

It is troubling. Bear in mind that as soon as someone makes a complaint on any basis at all, the bank is required to investigate, this is because the FOS says that presenting a complaint poorly is not allowed to disadvantage the customer. So anything that comes up in the investigation that the bank sees is going to mean they will lose, results in a win for the customer even if the customer complained for a totally different reason (or, as one poster here said, "because everyone else is doing it!")

But those of us who went into banks in person and experienced the "won't take no for an answer" hard sell know very well what was done, and yes, if the ombudsman sees anythign in the sales script that makes it look as if the sale could easily be understood as compulsory, they will uphold the complaint. The difficulty is that if no such indicator is present in the script, the ombudsman has only the customer's word for it, and if they found in favour of the customer all the time on the grounds of pressured sales then every single complaint would be upheld if the customer used the right words.

Lloyds screwed us over for 16k in PPI and yes we certainly were not allowed to say no. I am well aware that it happens and desperately hoping for two upholds (two loans are involved) which would make all the difference in the world to us.

It is frustrating that the ombudsman only has the customers word for it and we all know what types of subtle pressure were applied - the implication the loan application would have more chance of success if PPI was taken out, if you queried why it was on the agreement., etc etc. Very hard to prove an 'implication' but it happened all the time, in various shapes, forms and degrees & we did all feel pressured to go along with it, even if we had no need for it, as we were desperate for our applications to succeed. And they knew it.

I wish you luck & success with your claims - stay strong and hope that justice will win through...

Trent1974

Welcome owes me £1700 in PPI from 2000 to 2003 but my application to the FOS failed because the event took place before February 27 2004 and are unable to investigate the complaint.

I want to take it to the small claims track and I have sent the LBA.

Does anyone have a set of claim particulars?

Does anyone know a case number or a citation I can ask the court to follow?

Many Thanks

dunstonh

Trent1974 wrote: »

Welcome owes me £1700 in PPI from 2000 to 2003 but my application to the FOS failed because the event took place before February 27 2004 and are unable to investigate the complaint.

I want to take it to the small claims track and I have sent the LBA.

Does anyone have a set of claim particulars?

Does anyone know a case number or a citation I can ask the court to follow?

Many Thanks

Be wary. The PPI issue is largely an FSA issue and not a legal failing. The firms that have been taken to court so far have mostly won the case and collected appropriate costs (which is around £250 on small claims). Even Black Horse with their 99% overturn rate at the FOS have won in court.

If you are going to take it to court then there is an onus on you to show wrongdoing and support it with evidence. This wrongdoing has to be within the law. Not FSA guidelines which are not law. Not that there were any FSA guidelines in 2004 anyway.

The other thing is that the defendant can transfer the case to their local court. So, check their head office location as the court that covers that area is where you will need to go.

What will be your reasons to present to the judge?
What evidence do you have to support your case?

eventselm

I'm getting very worried that my cheque will not arrive.

I received a letter from Canada Square Operations (Registered Office City Group) on the 02/10/2012 for an offer,I accepted the offer signed it and returned it to Canada Square Operations (formerly known as Egg Banking) on the 04/10/2012.

It is now the 26/11/2012 and I have still not received my Cheque. On the letter sent to me it talks about sending me a cheque within 15 working days. This is obviously not within 15 working days. Its been 53 days or 1 month 22 days since I sent of the acceptance letter.

I have had many sleepless night worrying about if I will ever get my money.

No telephone number is provided on the letter sent out from Canada Square Operations.

I have tried phoning 01452 828010, the lady on the line gave me an email to contact crt.pleaseassist@citigroup.com

I have also sent an email to simon2.cooper@citi.com.

I have not had any response as of yet!

I'm finding this quite stressful i must say. Thats probably what they want people to be, so they give up?

Will let you know what happens.

eventselm

I received an email back from Simon yesterday stating that they have experienced some delays with my cheque however they can confirm they are processing it and it should arrive within the next 15 working days.

Today I received a phone call on my mobile from Citi group, the lady on the phone told me that they have experienced some delays with my cheque however they can confirm they are processing it and it should arrive within the next 20 working days.

Hopefully I will get my money soon.

treborknight

I filled in the PPI consumer questionnaire and wrote to MBNA on 25th October 2012 reclaiming PPI. I used all of the templates from MSE, I received a letter on 15th November offering a full refund with interest. I received a cheque for £8183 on 16th November - fantastic.

Trent1974

dunstonh wrote: »

What will be your reasons to present to the judge?
What evidence do you have to support your case?

THats why I am here because I just dont know the legal arguments for reclaiming mis-selling PPI.

Im hoping someone who has reclaimed PPI in the courts after the FOS refused to intervene on the grounds "the event" was before Fen 27, 2003 might come forward with a known set of claim particulars, or what case law they followed.

dunstonh

THats why I am here because I just dont know the legal arguments for reclaiming mis-selling PPI.

You would have to provide evidence of wrongdoing within the law. You wont be able to use the FSA and its change of mind and retrospective methods in court as they will not be recognised in law. You wont be able to use unprovable heresay.

What actual provable reasons would you be using? i.e. what can you give to a judge as evidence to show a breach of law.

Most people do not have any provable reasons which is why so few court cases succeed.

Im hoping someone who has reclaimed PPI in the courts after the FOS refused to intervene on the grounds "the event" was before Fen 27, 2003 might come forward with a known set of claim particulars, or what case law they followed.

The reason the FOS cannot deal with it is because regulation didnt begin until January 2005. There were no FSA rules or guidelines. So, nothing to be broken other than consumer law. As the sellers were not advisers, they have a much lower liability (dont have to check suitability for example).

Even the claims companies dont take firms to court on rejections as the chances of success are so low.

amersall

Trent1974 wrote: »

THats why I am here because I just dont know the legal arguments for reclaiming mis-selling PPI.

Im hoping someone who has reclaimed PPI in the courts after the FOS refused to intervene on the grounds "the event" was before Fen 27, 2003 might come forward with a known set of claim particulars, or what case law they followed.

You could try finding out who the insurer was as you may be able to put a claim in for mis sell to them, you may no get anywhere with this but at the moment you have nothing to lose.