Help Please:- PPI and is small claims court a viable option?

hannahp

Just to summarise very long struggle:-

My partner & I complained to the Bradford and Bingley at the end of 2012 about mis-sold PPI the main thrust (but not the only issue) was that only the first meeting/application was held in a private office where things were 'discussed' but that all following parts of the mortgage process were dealt with over the phone or quickly over a counter in a busy branch (as a consequence we strongly felt that we were not told PPI was optional!)

Further more I actually had in savings the amount of the mortgage (this was declared on the mortgage application), but for personal reasons we thought at the time that it would be best if my partner made his 'fair share' contribution to the house purchase & we could call upon my savings if needed.

without going into loads of detail our claim was refused by Bradford & Bingley,

When we went to the ombudsman it was upheld, however they upheld it on a technicality to do with my partners health & a previous injury to his back which was excluded from being covered (this the ombudsman felt was strong enough reason)
I pointed out that we were aware of this clause & felt that other parts of our case had more merit, but she said not to worry because unless the B&B had any new evidence (highly unlikely she said 'or it would have been submitted already' or words to that effect) and if the B&B refused to accept her decision the case would go to the ombudsman for a final decision & all the case would be looked at again anyway.

As predicted the B&B did object and along with refuting our claims they asked for proof of our savings, when I said I couldn't prove them but it was clear as day on our accepted mortgage application (which they didn't turn down & presumably we proved at the time!)

Whereupon the 'Ombudsman' proper overturned the earlier decision in the B&B's favour :eek: stating the savings more or less irrelevant.

we were allowed to send a final letter stating our case, which I did I covered all of the 'merits' of the case & I asked why the 'proof of savings' had been requested & yet subsequently brushed aside, I didn't really get any explanation but was told I could
1/ Complain about the handling of the case by the ombudsman (but it doesn't affect the decision, which would still stand!)
and
2/ State for the record that we didn't accept the decision (which would leave us free to pursue a small claims court claim if we chose)

After 3 years we feel that the case was handled badly but there seems no point in complaining to anyone, but is there a way forward and has anyone won a small claims case for PPI

dunstonh

(as a consequence we strongly felt that we were not told PPI was optional!)

It doesnt really matter as that is the weakest of all complaint reasons and rarely does a complaint succeed on that basis (due to lack of evidence)

Further more I actually had in savings the amount of the mortgage (this was declared on the mortgage application), but for personal reasons we thought at the time that it would be best if my partner made his 'fair share' contribution to the house purchase & we could call upon my savings if needed.

Doesnt mean its unsuitable. Someone being made redundant or suffering illness on a long term debt is likely to need those savings. Its different on short term debts where that is a stronger reason.

When we went to the ombudsman it was upheld, however they upheld it on a technicality to do with my partners health & a previous injury to his back which was excluded from being covered (this the ombudsman felt was strong enough reason)

That is a bad decision by the FOS. A pre-existing condition should only be an issue if the condition is severe enough to prevent a claim in a wide range of areas.

Whereupon the 'Ombudsman' proper overturned the earlier decision in the B&B's favour stating the savings more or less irrelevant.

That is a correct decision.

fter 3 years we feel that the case was handled badly but there seems no point in complaining to anyone, but is there a way forward and has anyone won a small claims case for PPI

You wont succeed in court
1 - MPPI doesnt suffer the high commission rate (so cant use Plevin as a reason)
2 - Nothing you have said suggests any wrongdoing by B&B
3 - You lack evidence but it wouldnt matter anyway as the things you complained about are not relevant to MPPI.

[Deleted User]

Your complaint is over.. time to forget about it and get on with your life...

magpiecottage

Realistically, if an Ombudsman (as opposed to an adjudicator) has found against you, it is ulikely that a court would overturn that - simply because the court is likely to take a "steer" from the Ombudsman who is considered to have more specific knowledge and expertise than the more generalist county court.

However, there is a further issue. If you now go to court, the matter will be subject to the Limitation Act 1980. In particular, section 14A of that Act permits the bank to apply a statutory limit so that the court cannot consider it if the court action did not start within 6 years of the event to which the claim relates or, if later, three years of when you became aware that you had cause for claim.

You say that you complained in 2012 - so you clearly knew you had cause for a claim then. So if you applied for the policy before the beginning of 2010, you seem to be too late for the court to consider it.

hannahp

Many thanks for the replies guys

Its always hard to 'let go' especially when you feel you were going to 'win' and then its snatched away!

The points raised regarding whether to pursue are reassuring even if the message is not.

I can put it to bed (as they say) and who knows maybe there will be some change in criteria in the future & the B&B will just pay me :cool:

Thanks again for all who took the time to reply :A