Goldfish/Barclays PPI Problem

kenchov1

Hi Guys,

Last year I went through a claims managament company (silly) for a ppi claim on a goldfish card. Barclays came back and knocked it back... I never pursued it.

So 10 weeks ago I claimed again myself. No response, Yesterday I rang them and some snotty cow, told me that as they have knocked it back before they dont need to contact me and that if I want to appeal I have to apply to them a different way.

Would you advise on doing it this way or going straight to the ombudsman. I can confirm I was sold this incorrectly and its a very big claim from my calculations.

antrobus

kenchov1 wrote: »

....Would you advise on doing it this way or going straight to the ombudsman. I can confirm I was sold this incorrectly and its a very big claim from my calculations.

Unfortunately, since your initial complaint was rejected last year, you may well find that you can't complain to the ombudsman, because you are past the six month limit.

dunstonh

Would you advise on doing it this way or going straight to the ombudsman.

You are out of time. You have 6 months from the initial rejection to refer it to the FOS. After which you are barred.

I can confirm I was sold this incorrectly and its a very big claim from my calculations.

Its game over for you unless the bank are willing to reopen the case and review the previous decision. It appears from their response they are not.

magpiecottage

As others have said, you have six months from the date of the rejection letter to ask FOS to investigate.

If you go to FOS, it will investigate unless the bank raises a valid objection.

One such objection is if it is more than six months from when the bank issued the final response to when you went to FOS.

It is for the bank to raise that objection. FOS will not volunteer it. However, banks are generally on the ball with this and will do so if they can.

This may sound harsh but it is considered a reasonable timescale for you to contact FOS - particularly as FOS will interpret ANY contact a consumer makes with it during the six months as stopping the clock - not just formally registering the complaint.

In this case, though, it seems that the OP did not make any such contact.

There is a second loophole in that if the firm does not explicitly say that the complainant has six months to go to FOS in its final response, FOS will not accept the time limit. However, banks are well aware of this and almost always ensure their letter says so.

There is a final route. If you can persuade FOS there are exceptional circumstances which prevented you from complaining sooner, it will waive this, or any other, time limit that the business seeks to apply.

However, it is quite strict about this, It will not, for example, accept an argument that your CMC did not get round to it in time. (If that happened, you could instead put in a complaint to the CMC and, if necessary, to the Legal Ombudsman).

kenchov1

Thank you for your responses guy gives me a bit of a better idea. What to do now. I am not "BARRED" from making a complaint and I do have circumstances that I can issue regarding this.