PPI Reclaiming successes and failures

Savingwithnomoney

I had had the forms re CPP reclaiming and sent everything back except the final claim and your Template Letter came at just the right time. I've just received £283. Thanks Martin

aeronickuk

A big thank you to the MSE team & the weekly email. I never had PPI (saw through that one after reading the small print) so the PPI claims industry was passing me by, but a quick read of the newsletter in late July during a quiet few minutes at work has now given me great joy! I saw a comment about claiming unfair monthly bank account fees, which are generally a type of insurance cost just like PPI is, and so I downloaded the template complaint letter and give it a go. I had a Nat West "Premier" account for a few years, which was upgraded to "Black" without my express confirmation, and I was in the end paying more than £20 per month for nothing much, so I felt I had a good case and wrote as much as I could about my experiences. Today, 60 days after writing to Nat West, after one SMS from them , and maybe 3 phone calls asking me to provide further details, and 3 holding letters through the post ("sorry it's taking longer than expected") I checked my bank balance and I have received £691. As this was "sunk" money I can only say I am ecstatic!! Thanks again, MSE.


Some suggestions for future claimants


- Be polite if anyone contacts you, chances are they didn't cause the problem for you in the first place. I feel that a "thanks for your help so far" also works in your favour because I bet the bank staff dealing with this end up talking to lots of annoyed and angry people.


- Make sure you gather as much info about the situation as you can early on in the process. The bank has access to all the info about your account, so try not to be taken by surprise if they tell you something you had forgotten.


- as MSE says, don't give up if they seem to be rejecting your claim.

simmo2002

Hi,


I am after some advice or to ask if anyone has experience of claiming PPI through a small claims court?


I complained to Natwest Credit Card back in 2013 about mis-sold PPI. I followed all the instructions from MSE.


First I requested my original agreement and details on PPI I had paid and enclosed a £1 cheque. They replied saying that I need to send in £1 (which I already had and they had cashed) to get the information I was requesting - clearly they did not want to give it to me. After a few letters back and forth I got a blurred copy of my agreement from 1993, but they would not give me details of how much PPI I had paid and when I took it out.


So I went for the compliant using the complaints form, which I have to say worked for 4 other creditors. After a while I got a reply back from Natwest saying that I applied for the PPI on my original application and therefore was not prepared to pay it back (in short). They then went onto say this was there final response and I had 6months to contact the FOS.


After 8months while I was clearing out I found the original copy of my application form from 1993 (I always liked to photocopy everything) and it clearly showed that I did not have PPI when the card was taken out. And anyway I was a student (stated on the application form) with no income so they should not have allowed me to have it anyway. So, I complained to the FOS after 8months (2months too late) who said it would look at the new evidence.


Today I have received a call from the FOS to say that as there was a delay (of 2 months) they can not up-hold my complaint, and that if I did not agree with this I could complain in 21 days and the case would be reviewed by an ombudsman but they would say the same. They commented that they understand that Natwest have clearly lied in their letter and not been forthcoming with information but I should have complained in the 6month window.


I am clearly not happy as I have proof that Natwest have lied all the way down the line. So, my questions are:


1.) Is it worth complaining to the FOS within the 21days?
2.) Can I get the case reopened by complaining to Natwest again and stating that they lied?
3.) How can I get Natwest to tell me exactly when PPI started to be applied (I was forced into taking it on the phone but I can not recall when) and how much I paid? The account was only closed this year so they still have records.
4.) Should I write to Natwest threatening small claim court (I estimate the amount to be claimed at £9500) and see if they panic?
5.) If I go to a small claims court am I likely to win and how much will it cost if I don't?


Thanks,
Paul.

carh

YES! . Try one of those companies (I used Gladstone Brookes) and let them sort it. I am surprised at the comments of FOS, this does not sound right to me. Despite being told by people nline that it is easy to do it yourself, I did not find this and decided to let a company take the stress, it was worth any fees (which I didn;t have to pay anyway)

maggy50

simmo2002 wrote: »

Hi,


I am after some advice or to ask if anyone has experience of claiming PPI through a small claims court?


I complained to Natwest Credit Card back in 2013 about mis-sold PPI. I followed all the instructions from MSE.


First I requested my original agreement and details on PPI I had paid and enclosed a £1 cheque. They replied saying that I need to send in £1 (which I already had and they had cashed) to get the information I was requesting - clearly they did not want to give it to me. After a few letters back and forth I got a blurred copy of my agreement from 1993, but they would not give me details of how much PPI I had paid and when I took it out.


So I went for the compliant using the complaints form, which I have to say worked for 4 other creditors. After a while I got a reply back from Natwest saying that I applied for the PPI on my original application and therefore was not prepared to pay it back (in short). They then went onto say this was there final response and I had 6months to contact the FOS.


After 8months while I was clearing out I found the original copy of my application form from 1993 (I always liked to photocopy everything) and it clearly showed that I did not have PPI when the card was taken out. And anyway I was a student (stated on the application form) with no income so they should not have allowed me to have it anyway. So, I complained to the FOS after 8months (2months too late) who said it would look at the new evidence.


Today I have received a call from the FOS to say that as there was a delay (of 2 months) they can not up-hold my complaint, and that if I did not agree with this I could complain in 21 days and the case would be reviewed by an ombudsman but they would say the same. They commented that they understand that Natwest have clearly lied in their letter and not been forthcoming with information but I should have complained in the 6month window.


I am clearly not happy as I have proof that Natwest have lied all the way down the line. So, my questions are:


1.) Is it worth complaining to the FOS within the 21days?
2.) Can I get the case reopened by complaining to Natwest again and stating that they lied?
3.) How can I get Natwest to tell me exactly when PPI started to be applied (I was forced into taking it on the phone but I can not recall when) and how much I paid? The account was only closed this year so they still have records.
4.) Should I write to Natwest threatening small claim court (I estimate the amount to be claimed at £9500) and see if they panic?
5.) If I go to a small claims court am I likely to win and how much will it cost if I don't?


Thanks,
Paul.

I would not use a claims company !!
Have you requested a SAR from Nat West it costs £10 .
Also I would keep the Fos on the case too .
I would send copies of the documentation you found to the FOS and Nat West PPI dept .

[Deleted User]

carh wrote: »

YES! . Try one of those companies (I used Gladstone Brookes) and let them sort it.
I decided to let a company take the stress, it was worth any fees (which I didn;t have to pay anyway)

Tell us how you managed to not pay any fees, pray tell? You aren't really going to say that because the commission came from the redress (25%, plus VAT!:eek:) That is why you didn't pay anything yourself?

If you had filled in your own complaint, you would have received all that commission yourself and wouldn't have had top pay VAT either.

I'm applying a SPAM marker to your post, not just because you are advertising a particular CMC, but also because you imply that you didn't pay Gladstone Brookes anything when you definitely did.

simmo2002

maggy50 wrote: »

I would not use a claims company !!
Have you requested a SAR from Nat West it costs £10 .
Also I would keep the Fos on the case too .
I would send copies of the documentation you found to the FOS and Nat West PPI dept .

I will request a SAR, will that give me full details of all the PPI I have paid? I did send all the documentation to FOS and their comments were if I was not happy or thought that Natwest were not being truthful then I should have complained within the 6months, I would have donw but did not find the proof until after the 6 months. This was after I had completed loads of documentation for the FOS.

What they said was after the FOS had contacted Natwest they were not prepared to re-investigate after the 6 months was up after Natwests final response. Even though I had proof they had lied in the opinion of the case advisor at the FOS they could not follow it up as 6 months had passed. The advisor at FOS said if I was not happy then I could complain within 21 days and the whole case would be sent to an Ombudsman at the FOS who would look at it but he would say the same - but not sure if that is just trying to put me off!

My plan at the moment is to:

1.) Appeal to the FOS in the 21 days and say I am not happy with the outcome.
2.) Request a SAR from Natwest.
3.) Once I have the SAR write to Natwest and say that the evidence I have states they lied and I have told the FOS I am not ahppy with the outcome and if need be then I will go to the small claims court.

Hopefully that will prompt Natwest to making an offer, if not I will review what to do next.

Thanks,
Paul.

Nasqueron

The SAR is a copy of everything they have on record for you (within limits of what they can reasonably find) but it'll just confirm what they have told you already.

You get 6 months from rejection to refer to the FOS, after that firms can bar any complaints which they have done here, FOS can only ask them nicely to look at it again. FOS advisers are unqualified temps with a consumer bias who will say what you want to hear as they don't like conflict and assume all customers are 100% accurate and truthful.

Small claims court will cost you yes, you will need to prove with more weight than an FOS complaint all that you have said above. It is not recommended.

[Deleted User]

simmo2002 wrote: »

My plan at the moment is to:

1.) Appeal to the FOS in the 21 days and say I am not happy with the outcome.
2.) Request a SAR from Natwest.
3.) Once I have the SAR write to Natwest and say that the evidence I have states they lied and I have told the FOS I am not ahppy with the outcome and if need be then I will go to the small claims court.

I think your complaint is already over.

Spending £10 on a SAR letter is a waste of money as it will not furnish you with any useful information that you do not already have in the Bank's "full and final" response to your complaint.

FOS cannot decide to disregard the six month rule just because you are "not happy with the outcome". It might be different if you had suffered the death of a close family member, for example, but otherwise FOS is now closed to your complaint.

Truly, what "evidence" that NatWest "lied" do you expect to receive from a SAR letter? The SAR will only confirm what the Bank have already told you.

Finally, if you think the bank will cave in simply because you threaten court action then I think you will be sadly mistaken. You would need a very robust case with comprehensive documentary evidence to stand any chance of success in court. The cost would also be very expensive when you lose.

Just to reiterate, I think your complaint has been over since you missed the Ombudsman six month deadline.

stars17

I recently rang the Halifax inquiring if I had PPI on an old credit card. They said I was eligible to make a case and they would send out the questionnaires for me to fill in.

The post arrived but no questionnaire - just a cheque for £690! I am definitely pleased for that coming so close to Christmas!