PPI - FOS uphold claim - Natwest want more evidence....

smeeinnit

Hi all, need a bit of advice on this claim, its been ongoing nearly 3 years ago mostly due to Natwests ineptitude, losing paperwork, ignoring the paperwork etc etc.

Anyway the claim was referred to the FOS in 2014 who upheld the complaint and said Natwest would be sending an offer within 8 weeks - FOS letter dated 21 April 2015.

By 3 July no offer received so it was chased up. Natwest now say their final decision refuting the claim was made in 2012 and apologise if we have been mistakenly advised we are due payment. The caveat is that if more evidence is provided they will review.

The evidence, which they had from the start, was a letter dated sometime in 1994 to confirm PPI had been set up on the credit card, however they denied knowledge of this stating they have no records - despite being sent a copy of this letter. The PPI was cancelled around 2000. Natwest also stalled several times stating the card number did not relate to the account amongst other things.

So my question is, where do we go from here? We do not have any other statements, only this letter and the credit agreement. Should I proceed to court action? Should I request a SAR?

Any advice appreciated

Insider101

smeeinnit wrote: »

Hi all, need a bit of advice on this claim, its been ongoing nearly 3 years ago mostly due to Natwests ineptitude, losing paperwork, ignoring the paperwork etc etc.

Anyway the claim was referred to the FOS in 2014 who upheld the complaint and said Natwest would be sending an offer within 8 weeks - FOS letter dated 21 April 2015.

By 3 July no offer received so it was chased up. Natwest now say their final decision refuting the claim was made in 2012 and apologise if we have been mistakenly advised we are due payment. The caveat is that if more evidence is provided they will review.

The evidence, which they had from the start, was a letter dated sometime in 1994 to confirm PPI had been set up on the credit card, however they denied knowledge of this stating they have no records - despite being sent a copy of this letter. The PPI was cancelled around 2000. Natwest also stalled several times stating the card number did not relate to the account amongst other things.

So my question is, where do we go from here? We do not have any other statements, only this letter and the credit agreement. Should I proceed to court action? Should I request a SAR?

Any advice appreciated

It sounds like just stupidity and admin errors rather than deliberately messing you around. A lot of banks only retain records of policies for six years. If yours was closed in 2000 they may have no record of it. Whilst you have provided some evidence that a policy was set up, in this case they would have no record of payments being made and so could not make a calculation of redress on this basis. It may be that their FOS team have just decided to make an automatic offer to get out of paying the FOS fee without realising this fact. And whoever picked up your letter has responded with the original decision without realising that the case was subsequently referred to the FOS.

I would contact the FOS again and ask them to go back to the bank. Court action will not do much good as you would need to prove that there was a breach of law and that you lost out financially as a result. FOS is the best route, but be aware that they may ask you to provide statements showing the payments made towards the PPI.

sun73

NatWest claim to have no credit card info prior 2001, maybe its true, or maybe its too much trouble to search for it which means it's down to the customer to prove they paid PPI before 2000.


In your case you've got proof that PPI was set up on the credit agreement (might have been pre filled) and confirmation in a letter from 1994. So what you need is evidence of payment, did you pay the credit card by direct debit? These would show on your current account statements if you no longer have the card statements.

smeeinnit

Thanks for the replies, we have searched and searched and cannot find any statements (card or bank) from around that time. Have we got any other options or just try the FOS again? Thanks once again.

sun73

If you cannot find evidence of payment between 1994 and 2000 then your only other option is to go back to FOS. When was this account closed? Have you got any statements after 2000? Bit far fetched here but have you got any receipts for purchases you made using the card between 94 and 2000? That would prove it was active during the missing years.