Refused PPI by capital one & missed Ombudsmen deadline

melavo

Hi

My Husband applied for a refund of mis sold PPI from Capital One & was refused, to be honest we missed the 6 month ombudsman deadline by a few days (Husband became quite ill with angina& it slipped our minds.)
The ombudsman couldnt help even in view of the circumstances of why we missed the deadline.
This was about 2 years ago & I was wondering can we re apply for a refund or does the initial refusal still stand?

Thanks

[Deleted User]

Your complaint was concluded two years ago.

Any attempt to re-open this now will just be met with a terse reiteration of the original rejection.

Only if you have new and substantial evidence not presented in your original complaint would you have any chance at all.

melavo

Really? I read this on MSE's main page & was looking for advice....Is the information below incorrect then?

'Can I reclaim' queries

I was rejected by my bank a while ago (possibly years), can I start a new complaint?
The PPI story is always changing and we hear new stories of bad practice all the time. If you're at all concerned that your past complaint wasn't dealt with fairly you have the right to carry on to the independent Ombudsman, or ask your lender to reopen your case.

If you received the bank's final response within the last six months take your case to the Ombudsman. Follow the steps below to carry on.

If it's been over six months, the Ombudsman can't take on the case until it's been via the bank again. To do that, just file a fresh complaint with the bank using the templates below if needed. Ensure you include any new information that you think affects your complaint and state why you're asking it to reopen the case.

Then if your bank rejects you again, you can go to the Ombudsman. However, do note that you are time-barred from going to the Ombudsman with complaints if it's over six months since rejection so it may not take on your complaint - this is likely to be decided on a case-by-case basis.

[Deleted User]

You can complain over and over if you want to.

The Bank will simply reject you again and again, eventually time-barring any further complaint.

However, only if you have significant new evidence not in your original complaint are you not wasting the Bank's ( (and your own) time.

Do you have additional evidence?

Nearlyold

melavo wrote: »

Really? I read this on MSE's main page & was looking for advice....Is the information below incorrect then?

'Can I reclaim' queries

I was rejected by my bank a while ago (possibly years), can I start a new complaint?
The PPI story is always changing and we hear new stories of bad practice all the time. If you're at all concerned that your past complaint wasn't dealt with fairly you have the right to carry on to the independent Ombudsman, or ask your lender to reopen your case.

If you received the bank's final response within the last six months take your case to the Ombudsman. Follow the steps below to carry on.

If it's been over six months, the Ombudsman can't take on the case until it's been via the bank again. To do that, just file a fresh complaint with the bank using the templates below if needed. Ensure you include any new information that you think affects your complaint and state why you're asking it to reopen the case.

Then if your bank rejects you again, you can go to the Ombudsman. However, do note that you are time-barred from going to the Ombudsman with complaints if it's over six months since rejection so it may not take on your complaint - this is likely to be decided on a case-by-case basis.

Yes its wrong, unless you have some new and compelling reason why you were missold it would only work (in terms of being able to refer to the Ombudsman) if the Bank don't realise you have complained before.

dunstonh

Really? I read this on MSE's main page & was looking for advice....Is the information below incorrect then?

'Can I reclaim' queries

I was rejected by my bank a while ago (possibly years), can I start a new complaint?
The PPI story is always changing and we hear new stories of bad practice all the time. If you're at all concerned that your past complaint wasn't dealt with fairly you have the right to carry on to the independent Ombudsman, or ask your lender to reopen your case.

That is not correct. However, it is written for a reason. Some banks have been told to go over old rejected complaints to see if they were correctly reviewed in the first place. So, its written with the right spirit in mind but it is not correct about how the process works.

If you were rejected more than 6 months ago and failed to go the FOS then its game over. If you contact the firm again years later and they refuse to review the case then you do not get rights to deal with the FOS as the original 6 month rule applied. If the agree to review the case and its still a rejection then you do not get new rights to access the FOS. However, if they change their mind then you do get rights to the FOS (although there would be little point using the FOS as you would then have an uphold decision).

melavo

Thanks for clearing that up guys...