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Martin on Tv about old refused PPi claims.....help please

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  • dunstonh
    dunstonh Posts: 119,712 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 22 March 2016 at 9:57PM
    The Time Bar rules are there for a reason - firms need to be held accountable for their sins but it is considered unreasonable to leave this liability open ended indefinitely. So the 6 + 3 rule applies - if date of sale is more than 6 years ago, you must complain within 3 years of becoming aware that a problem existed (or ought reasonably to have been aware a problem existed).

    The issue here is not about the 3 or 6 year timebar. That doesnt apply in this thread. The issue is about the OP not referring the complaint to the FOS within the 6 months that followed the rejection.
    However, as with most things financial, there are circumstances and exemptions which can circumnavigate the 6 + 3, in particular if you just missed your 6 month FOS window and did not bother to escalate to FOS.

    The 3/6 year rule has nothing to do with the ability to refer to the FOS.
    So you can see that even if your case has been through the FOS and failed, there is at least one reason above that will allow you to try again. This is what Martin meant so he was not wrong - how could anybody even suggest such a thing of the man. Martin is never wrong about money!

    Martin has actually been wrong a number of times. Often through speed of delivery in small windows of presentation. However, he is wrong in respect of the 6 month FOS rule. Problem is there are a couple of scenarios where it can be re-opened but he has presented it as a "open season" style everyone-should-complain-again way. That is not the case though.

    The banks that have been told to review old complaints are doing so without the need to raise a new complaint. Those that have not been told to review old complaints can just refer the person back ot the original response and it does not grant new access to the FOS. It is also worth noting that a bank reviewing an old complaint and where the outcome of the review is unchanged, it does not grant new access to the FOS.

    Plevin will allow a rejected complaint to be remade but this will only cover the plevin ruling. It will not re-open the complaint for a full review. Just a review to see if the commission exceeded 50%. However, this is really only useful on secured loans and personal loans. Although the redress is likely to be limited. Credit card PPI and mortgage PPI are typically lower than the FCA figure of 50%).
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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