Resolver

smurf667

dunstonh wrote: »

Many packaged back account complaints are getting timebarred. There are two rules that have to be met for it to be timebarred.

1 - no more than 6 years from the sale.
2 - no more than 3 years from being reasonably aware of an issue.

Closure of account or change of account are considered sufficient to trigger the start of the 3 year rule. So, whilst the bank cannot reject a complaint because the account was closed if it was less than 3 years ago. It can reject the complaint if it was closed by more than 3 years ago.

When you get the letter giving you the reasons, they will explain your reasons. Wait until you get that before you go to the FOS. Remember you are countering their rejection reasons. If you dont know the rejection reasons fully yet then you cant counter them.

If it is timebar (which is the only logical reason that would match the closure of account) then that would seem like a fair rejection and the FOS are unlikely to overturn it as they consider closure or account change as a valid start to the 3 year timer.

Ahh right, thanks, regarding the 2 timebar requisites.

1 - no more than 6 years from the sale- yes the account was opened more than 6 years ago. (1999)
2 - no more than 3 years from being reasonably aware of an issue. Nope, it's not been anywhere near 3 years or 2 years even, In fact it's only very recently that I became aware of it

Thanks for the info. I will wait until I get the letter from them to see what they say

dunstonh

smurf667 wrote: »

Ahh right, thanks, regarding the 2 timebar requisites.

1 - no more than 6 years from the sale- yes the account was opened more than 6 years ago. (1999)
2 - no more than 3 years from being reasonably aware of an issue. Nope, it's not been anywhere near 3 years or 2 years even, In fact it's only very recently that I became aware of it

Thanks for the info. I will wait until I get the letter from them to see what they say

3 years from being reasonably aware of an issue is not being aware of websites telling you. It can be an event on the account. This includes
1 - closure of the account (if you are closing the account it is usually because you either have an issue or you feel there are better terms elsewhere and would have compared terms)
2 - change of account type (again, you would have compared terms)
3 - statement of benefits issued by the bank. A lot of these started going out annually just over 3 years ago (some longer some less).

So, from what you have said, you closed your account more than 3 years ago. So, that could be timebarred.

smurf667

Hi all, just an update on this matter, I still have not heard from Lloyds bank in writing regarding my claim, and their partial refund

CYK

To go back to an element of the original question, although I understand that I can escalate a PPI claim to the ombudsman if I receive an unsatisfactory final offer before the end of the 8-week period, I don't think I can use Resolver to do it until after 8 weeks, is that right? It seems to be just the way Resolver works.

[Deleted User]

CYK wrote: »

To go back to an element of the original question, although I understand that I can escalate a PPI claim to the ombudsman if I receive an unsatisfactory final offer before the end of the 8-week period, I don't think I can use Resolver to do it until after 8 weeks, is that right? It seems to be just the way Resolver works.

Or doesn't work.
Resolver is just an E-Mail template. It is an automated system with no human involvement in individual complaints by the Resolver company. It does not increase (or decrease) the chances of a successful complaint, it's just a convenient tool for those perhaps not confident enough to send a complaint directly.

As such, the option to "escalate" will only be offered exactly 8 weeks after the initial complaint has had an acknowledgement.

However, why would you need to use Resolver in order simply to refer your complaint to the Ombudsman? The complaint referral process is detailed very clearly on the letter you receive from the Bank. If (as in the OP) only a telephone call has so far been received, a formal letter explaining the options will be forthcoming shortly.


This thread is from 2016.