PPI Reclaims not covered by the FOS

di3004

Pinknico, sent you a pm.;)XXX

dunstonh

Sorry to buck the trend but I'm pleased the FOS are not covering it. Whilst it may be useful for some consumers, it would be a cost for others. Firms pay levies whilst they are authorised by the FSA to pay for things like this. If the FOS had allowed it to happen, it would mean that those that sold this plans didnt have to pay towards the FSA/FSCS and FOS yet allowed their consumers to benefit from it. Therefore passing the cost to those that did/do pay. Those firms factor the costs of regulation and protection into their prices.

It wasnt logical that is was going to happen as there was precedent from the FIMBRA days and pre-regulation. If you open the doors for some you usually have to end up opening the doors to the lot.

stereo_mike

tommy44 wrote: »

Hi

I have just rang and spoke to chap called "David" and he said that they ARE looking at all complaints. I asked him to confirm that they were looking at my complaint even though my loan was taken out in 2004, and he said that they have already written to Black Horse giving them 8 weeks to respond with a final decision.

I don't know why we are being told different things, but the fact they have already written on my behalf at least confirms that they are looking at my 2004 loan complaint.

Regards

The FOS always do this, as they never correctly check if they are able to look at a complaint of not. The FOS will have written to your lender asking them for a copy of the complaint file or reasons why they can't look at your complaint. Your lender will then subsequently provide the reason that it is pre-reg, and the FOS will take 3 months to tell you this.

I have lost count of the number of people that the FOS have told that they can look at a complaint, and then I get ranted out because I tell them that they can't. Then surprise surprise 3 months later the FOS tell the client that they can't look at the complaint.

Your lender has a duty to advise you if you can refer your complaint to the FOS, if they don't tell you, it means you can't refer it.

stereo_mike

di3004 wrote: »

Hi Tommy

You could be right here, maybe its a personal matter and Wendy also did state to check as well, even though Wendy was told different on the phone???

However, I was did read something of this on a site somewhere, but don't think I would be allowed to post the link to be honest.

The FOS have not changed there rules as the FSA Handbook, (The bible of the Financial World) has not been edited, and usually with a change as big as this a discussion paper would need to happen before any changes are made. This has also not happened.

It looks like the Solicitors that are quoting this on their website are telling lies. I think they need to be reported to their regulator for mis-leading clients.

marshallka

stereo_mike wrote: »

The FOS always do this, as they never correctly check if they are able to look at a complaint of not. The FOS will have written to your lender asking them for a copy of the complaint file or reasons why they can't look at your complaint. Your lender will then subsequently provide the reason that it is pre-reg, and the FOS will take 3 months to tell you this.

I have lost count of the number of people that the FOS have told that they can look at a complaint, and then I get ranted out because I tell them that they can't. Then surprise surprise 3 months later the FOS tell the client that they can't look at the complaint.

Your lender has a duty to advise you if you can refer your complaint to the FOS, if they don't tell you, it means you can't refer it.

This is so true. Its happened to me twice. I have just spoken about this issue and they say that the actual complaints have to be within their jurisdiction. (ie, as Wendy says, GISC, banks, FSA etc)

I did not get involved with this one as I sort of thought it too good to be true.

tommy44

Thank you for advice regarding what I have been told, which appears to be incorrect then? I think I might ring them back up again and ask them to explain to me why I have been told that they can look into the claim, even though I have already explained to them that Black Horse have said that they were not subject to the FOS until 15 Jan 2005.

So Black Horse are right then, I should take their word for it, and not the FOS. So to prevent time delay and no doubt stress, if my next letter is rejected by Black Horse, and I can't approach the FOS, who can I turn to?

Should I let the matter rest and admit defeat?

Many thanks for your help.

Regards

stereo_mike

tommy44 wrote: »

Thank you for advice regarding what I have been told, which appears to be incorrect then? I think I might ring them back up again and ask them to explain to me why I have been told that they can look into the claim, even though I have already explained to them that Black Horse have said that they were not subject to the FOS until 15 Jan 2005.

So Black Horse are right then, I should take their word for it, and not the FOS. So to prevent time delay and no doubt stress, if my next letter is rejected by Black Horse, and I can't approach the FOS, who can I turn to?

Should I let the matter rest and admit defeat?

Many thanks for your help.

As I don't work for Lloyds, I don't know what there status was when your PPI policy was sold. If they were members of GISC when your policy was sold then FOS can look at it. If they weren't members of GISC then the FOS cannot look at it.

Your next/only route is to take it to court, altough you will get stung for at least 25% of anything you win if you use a claim management firm or Solicitors

marshallka

tommy44 wrote: »

Thank you for advice regarding what I have been told, which appears to be incorrect then? I think I might ring them back up again and ask them to explain to me why I have been told that they can look into the claim, even though I have already explained to them that Black Horse have said that they were not subject to the FOS until 15 Jan 2005.

So Black Horse are right then, I should take their word for it, and not the FOS. So to prevent time delay and no doubt stress, if my next letter is rejected by Black Horse, and I can't approach the FOS, who can I turn to?

Should I let the matter rest and admit defeat?

Many thanks for your help.

Regards

I had one complaint go before an adjudicator twice and then got thrown back with jurisdiction issues. It happens all the time. Its very annoying and puts peoples hopes up and then dashes them back down and is so unfair. If they have done this to you then you have my sympathy.

marshallka

di3004 wrote: »

And Natalie was told the same as well.

Maybe this have not been properly confirmed yet but not disclosed either, unless you contact them and they do this anyway sort of thing........

Could someone please remind me if they know what year Black Horse were under jurisdiction? Cheers.

Hopefully natalie will be back on here later and see all this. Its unfair if they are putting peoples hopes up and giving out wrong information.

Natalie6999

Fos told me that due to the massive amount of complaints re PPI they were going to be considering all complaints whether before 2005 or not & it did not matter if they were regulated by GISC or FSA or not.