2nd Rejection by Nationwide

doomwad

Hi,
Looking for some advice. I made a claim back in 2012 against Nationwide for mis-sold Mortgage protection unfortunately they rejected it. I like many others just accepted this, however recently read the guide to claiming and saw that I should ask them to re-open the claim. I also told them I would seek redress from the Ombudsman if rejected again.
I have just received their response and they have rejected again but added a caviate at the bottom saying that their original final decision was fair and I should have gone to Ombudsman then if I was unhappy. They will now not give the Ombudsman their permission to consider my concerns! Can they do this?
Thanks for any advice,
Simon

[Deleted User]

Your complaint failed in 2012, I'm afraid.

You cannot keep returning to it unless you suddenly have very compelling evidence not in your original complaint.

Since the Bank have simply reiterated their original rejection, you cannot now refer your "new" complaint to the Ombudsman as six months have long since passed.

The MSE article is well intentioned, but littered with errors. Banks have indeed revisited some formerly rejected complaints. However, this is not at the behest of individual customers but collectively because faults have (sometimes) been identified with the complaint handling processes of (some) banks.

Basically, you wasted both your own time and the bank's.

magpiecottage

Yes they can.

If their letter in 2012 told you that you had six months to go to the Financial Ombudsman Service then, if you now attempt to, the Financial Ombudsman Service will write to Nationwide and ask for permission to consideryour complaint.

If Nationwide says "no" (and, as somebody from FOS said to me last year, why would any business say "yes") then it cannot look at the complaint unless there are exceptional circumstances which prevented you from taking the complaint to the ombudsman sooner.

Exceptional reasons would be such things as a serious illness (which lasted more or less all of the period concerned).

doomwad

Thanks for the info. I shouldn't have been so excepting of their original rejection!!

dunstonh

I made a claim back in 2012 against Nationwide for mis-sold Mortgage protection unfortunately they rejected it.

Not an unexpected outcome. The majority of MPPI complaints fail as it suffers fewer issues than loan or credit card PPI.

I like many others just accepted this, however recently read the guide to claiming and saw that I should ask them to re-open the claim. I also told them I would seek redress from the Ombudsman if rejected again.

The guide is a bit misleading as it encourages another go but the rules are that once a complaint is closed and its past the 6 month point, the firm no longer has to consider it and you do not get access to the FOS. So, your threat was meaningless.

They will now not give the Ombudsman their permission to consider my concerns! Can they do this?

Yes they can because it is too late.

Don't be too despondent about it though. The FOS also reject most MPPI complaints referred to it.

Nicolap_2

I'm in a similar situation with Lloyds, at the time of opening my credit card I was in the armed forces. In 2011 I sent off a MSE reclaim letter to Lloyds (I had no knowledge of PPI or any agreement info), Lloyds eventually concluded with my final decision notice that I didn't have PPI on my credit card. I took their word for it and didn't go to the ombudsman as like I said I didn't know if there was PPI or not.
Last year I thought I'll give the claims guys a call to see if they can find PPI on anything I've had in the past, low and behold apparently I did have PPI on my Lloyds credit card. The claims guys told me to send them my original final response as surely this now counts as exceptional circumstances for them to reopen my claim.

I just want some advice on this as I just seem to keep coming up against a brick wall, can I get them to reopen my claim?

dunstonh

Nicolap wrote: »

I'm in a similar situation with Lloyds, at the time of opening my credit card I was in the armed forces. In 2011 I sent off a MSE reclaim letter to Lloyds (I had no knowledge of PPI or any agreement info), Lloyds eventually concluded with my final decision notice that I didn't have PPI on my credit card. I took their word for it and didn't go to the ombudsman as like I said I didn't know if there was PPI or not.
Last year I thought I'll give the claims guys a call to see if they can find PPI on anything I've had in the past, low and behold apparently I did have PPI on my Lloyds credit card. The claims guys told me to send them my original final response as surely this now counts as exceptional circumstances for them to reopen my claim.

I just want some advice on this as I just seem to keep coming up against a brick wall, can I get them to reopen my claim?

Yours is a different scenario. From what you say, Lloyds rejected your complaint as you didnt have PPI. However, now they have found you did have PPI. So, they should review your complaint as significant new information has come to light as the reason given is no longer correct. It is not an uncommon scenario as banks go back over old paper records and find these things. The complaint should be reviewed automatically without you asking if they are now saying they have found it but you should ask them to do it just in case they dont pick it automatically.

Nicolap_2

That's what I thought however, Their response to the claims guys was that they were unable to look into the case as a final response had already been given. I'm currently waiting for a manager from the claims guys to call me as the person on the end of the phone didn't seem to grasp what I was saying, so hopefully a manager might be able to clear things up. If, after having received evidence in the form of my original final response, lloyds still say that they are unable to reopen the case, where do I stand then? Am I able to go to the FOS even though the original final response was 2012?

Alice_Walker

Has Lloyds now confirmed you had PPI, or are the Claims Guys saying you had?

dunstonh

That's what I thought however, Their response to the claims guys was that they were unable to look into the case as a final response had already been given.

Forget what the claims guys say. It is what Lloyds say that matters. What have Lloyds said when they wrote to you?

Don't assume what The Claims Guys tell you is the truth. They cold called me telling me I had a claim before any info was supplied. I played along and told them I was an IFA and did my own insurances and they said I could still claim. That would involve me employing them to write to me to complain that I mis-sold myself.

The key thing here is what Lloyds tell you.

Nicolap_2

I got in touch with the claims guys myself just out of curiosity to see if they could find anything, & it was the DSAR that came back from Lloyds, I haven't actually seen this DSAR so do you think it is worth me requesting a copy from the claims guys or writing to Lloyds myself? I find it frustrating whenever I call the claims guys for an update I can never speak to the same person, 2 people I have spoken to have been really good, the rest seem to have no idea what I'm talking about with my case, hence why I have asked to speak to a manager.