PPI Reclaiming successes and failures

oorbrian

Looking for advice. The FOS has upheld my claim against capital one twice but they have asked that it goes to ombudsman. That was in April 13. Does anyone know how long it is currently taking and what my chances of ombudsman upholding

PPIRanger

An ombudsman will only depart from an adjudicator's findings about 20% of the time if that. The ombudsman queue is LONG though. There simply aren't enough of them on the panel. They've been trying to recruit for ages but it's difficult. On the upside, your refund will be accruing more and more interest in the meantime, so you're not losing out!

[Deleted User]

oorbrian wrote: »

Does anyone know how long it is currently taking

Around eighteen months is the norm.

oorbrian

Thanks for your advice. Was rather miffed when they did not just pay from adjudicator but these things happen!

kjd35aqua

I've just had my Lloyds tsb credit card ppi claim rejected by the fos, on the grounds of...


As Lloyds have not been able to show any form of "signed" forms of sale,they have gone by the banks set out sales rules from the time of around of 1986 ,and concluded that the bank must of done it correct.
I claimed on the fact I was informed I couldn't have the credit card unless I had this insurance on it,due to the fact I still lived with my parents. I wasn't informed that it was optional, told the bank I didn't need it,as I had been in full time employment for over 6 years,had 4 weeks sick pay,and "full pay" if off for any serious injury which stopped me working, I had over £1500 in savings, which was way over any balance the credit card got to in my time of having it.
The fos said they rejected my claim as Lloyds couldn't find my signed copy of sale,so went to a "Lloyds form of sale template" ,and with the info I gave they seem to feel that the ppi was benifical to me.


I feel this is wrong as it has been proven in a "court of law" that they mis-sold ppi ,and Lloyds at the start of my claim said that I didn't have this credit card with them,i managed to find the card number from a closing balance letter.
then they said there was no ppi on it, then after 5 months said there was.
so if they can find the info that ppi was on the account,how can they misplace the "point of sale" part.
I feel its unfair that I was mis-sold this product,but the fos go in favour of the bank which have been proven to have mis-sold ppi to so many of us, including me.
I've been paid out already on another credit card from Lloyds due to the same issue's as with this one,but that one didn't go to the fos,as they admitted ppi was on it,and paid out before it went to the fos.


This only went to the fos due to the bank saying no ppi was on the account,when I knew there was.
I've asked for the fos to look into complaint again,as I feel the fos should see that the bank has lied a number of times,i have been open and given as much info as possible to help as much as I can, where as the banks given no help,changed there mind half way through,admits ppi on account after 5 months,and I still get rejected.


All I want is justice,and a fair result for being mis-sold something I never needed,or wanted.

[Deleted User]

kjd35aqua wrote: »

I feel this is wrong as it has been proven in a "court of law" that they mis-sold pip

Really? What court "proved" this? PPI mis-selling is not a legal issue.

kjd35aqua wrote: »

I've asked for the fos to look into complaint again,as I feel the fos should see that the bank has lied a number of times

Only very rarely does an actual Ombudsman disagree with a FOS adjudicator, so don't get your hopes up.

kjd35aqua wrote: »

All I want is justice

You mean all you want is redress!

-taff

kjd35aqua wrote: »

I feel its unfair that I was mis-sold this product,but the fos go in favour of the bank which have been proven to have mis-sold ppi to so many of us, including me.


All I want is justice,and a fair result for being mis-sold something I never needed,or wanted.

The FOS don't judge for the complainant in every case. Sometimes, PPI is judged not to have been missold. Just because you had PPI you are not necessarily missold it.

If you never needed or wanted it, you could have queried it at the time or cancelled it at the time, but you didn't.
Financial naivety isn't a good excuse.

kjd35aqua

-taff wrote: »

The FOS don't judge for the complainant in every case. Sometimes, PPI is judged not to have been missold. Just because you had PPI you are not necessarily missold it.

If you never needed or wanted it, you could have queried it at the time or cancelled it at the time, but you didn't.
Financial naivety isn't a good excuse.

I understand your point,but I was young,and naïve,i just believed what they told me. i trusted there advise,and information.
I couldn't have the credit card,if I didn't have the insurance,at "no point" did they say it was optional,either in written paperwork,or by me speaking to them,i did ask them at the time,but was told i had to have it otherwise i wouldnt get the credit.
thats why it stayed on the card til I did get into financial difficulty many years later,and was told by the collections team if I removed it from my payments,would the lower amount help. even then it was worthless,as when I did need it,all it was able to do was reduce my monthly payment I had to pay. so all those years of paying £13 a month for nothing. i didn't need it,i only had it as they informed me i had to have it.

[Deleted User]

kjd35aqua wrote: »

I was young,and naïve

Not a valid complaint reason.
The Ombudsman rarely overturns adjudicator decisions.

dunstonh

I feel this is wrong as it has been proven in a "court of law" that they mis-sold ppi

No it has not. I don't know where you got that idea from but there has been no court case on that basis.

I feel its unfair that I was mis-sold this product,but the fos go in favour of the bank which have been proven to have mis-sold ppi to so many of us, including me.

But have also have many proven to be not mis-sold. Each case is looked at on its own merits.

I've been paid out already on another credit card from Lloyds due to the same issue's as with this one,but that one didn't go to the fos,as they admitted ppi was on it,and paid out before it went to the fos.

Irrelevant. Different product version possibly sold by a different person under a different process. it could even have been an auto payout if the amount was under £3000.

All I want is justice,and a fair result for being mis-sold something I never needed,or wanted.

What evidence do you have to support your allegations?