PPI Reclaims not covered by the FOS

stereo_mike

Natalie6999 wrote: »

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.

I think the important word in your statement is "consider". The FOS are only allowed to look at complaints pre Jan 2005 if the firm subscribed to GISC or if the firm has applied for voluntary jurisdiction.

The FOS may consider every complaint, but it does not mean they are going to investigate the matter.

tommy44

Hi everybody

I have just rang them to ask what their status was, went into detail about my claim, etc, and that Black Horse have already told me that I can't go to the FOS because they weren't subject to them prior to Jan 2005. I also said that I had been getting some conflicting advice regarding as to whether they can help people prior 2005, and asked was it worth my time and effort asking them for help, if they are going to tell me that they can't help me. She said that their advice was free and that some cases do get taken on. If they can't help then they refer you to someone who can, if they can.

They said that because of the amount of complaints they are receiving about PPI (was 60,000 the last time she looked) and probably higher now, they are going to look at ALL claims.

I asked her what the time scale was and she said it was quite some months and that the adjudicators look at complaints in date order.

So there it is. You guys are probably right in the long term, but in the short term, all we can do is try. Who knows one of us might get lucky and get their help. Although I think it's wrong that because these companies weren't regulated, they can get away with giving the wrong advice.

So in a nutshell. They are looking at ALL complaints. They don't guarantee that their adjudicators will put the case forward for the FOS to help. So we are at the mercy of those who decide whether our complaints are just. (a matter of what opinion they have on the matter, which no doubt varies from one person to another)

Regards

marshallka

stereo_mike wrote: »

I think the important word in your statement is "consider". The FOS are only allowed to look at complaints pre Jan 2005 if the firm subscribed to GISC or if the firm has applied for voluntary jurisdiction.

The FOS may consider every complaint, but it does not mean they are going to investigate the matter.

I thought that the FOS had to consider everything but surely they should have a time scale whereby they have two weeks to let you know of jurisdiction issues. Sometimes they can mess about so much and then let you know they cannot help and then a complaint could be time barred for the courts should you wish to use them. That is annoying. I know they have lots of complaints but they should at least let you know for definate if it is or is not something they can deal with.

tommy44

Hi Marshallka

I tried to pin them down with a time, but they couldn't give a time scale to when they would let you know as to whether they could take your claim on, their reason being due to the volume of complaints they have to deal with.

Regards

di3004

Come to think of it, its right what they say, they say to submit your complaint and they will get someone to take a look to see if it can be looked at, think this was the case with one of ours, yet it still got returned to us.....

Its a chance we take I think and on the letter that came back from the FOS, they suggested the FLA, but when contacting the FLA they could not investigate either because the company we complained of were not listed.
(Bear in mind this was in 2008).

stereo_mike

marshallka wrote: »

I thought that the FOS had to consider everything but surely they should have a time scale whereby they have two weeks to let you know of jurisdiction issues. Sometimes they can mess about so much and then let you know they cannot help and then a complaint could be time barred for the courts should you wish to use them. That is annoying. I know they have lots of complaints but they should at least let you know for definate if it is or is not something they can deal with.

Just thought I should let you guys know what happens from a company side on these matters.

The complainant submits their claim to the FOS. The FOS sit on this until it gets to a casework support operative (this can take up to 3 months!!). The casework support operative should be able to work out if they can look at the complaint, but usually they cannot work this out, if it is slightly technical.

The FOS then send a letter to the company asking them for their defence to the complaint that has been detailed in the FOS form (this is why your FOS form needs to be accurate), or for reasons why the FOS can't look at the complaint.

The FOS give the company 21 days to respond.

Therefore you are already looking at nearly 4 months before you are told for certain if your complaint can be passed to an adjudicator.

You need to remeber that the FOS police the FOS and are therefore a very biased organisation.

marshallka

stereo_mike wrote: »

Just thought I should let you guys know what happens from a company side on these matters.

The complainant submits their claim to the FOS. The FOS sit on this until it gets to a casework support operative (this can take up to 3 months!!). The casework support operative should be able to work out if they can look at the complaint, but usually they cannot work this out, if it is slightly technical.

The FOS then send a letter to the company asking them for their defence to the complaint that has been detailed in the FOS form (this is why your FOS form needs to be accurate), or for reasons why the FOS can't look at the complaint.

The FOS give the company 21 days to respond.

Therefore you are already looking at nearly 4 months before you are told for certain if your complaint can be passed to an adjudicator.

You need to remeber that the FOS police the FOS and are therefore a very biased organisation.

I have just rang and got told that if we complain to the company and they do not uphold they then have to give you the option of going to the FOS. After this FOS then requests the file from the company and they then have the option to give details to the FOS about whether they should or shoud not look into it. This is usually within 21 days that the company has to give these reason why something should not be within their jursidiction. Next if FOS think it should be they then investigate their reasons as to why and either overrule them or bide by them.

stereo_mike

marshallka wrote: »

I have just rang and got told that if we complain to the company and they do not uphold they then have to give you the option of going to the FOS. After this FOS then requests the file from the company and they then have the option to give details to the FOS about whether they should or shoud not look into it. This is usually within 21 days that the company has to give these reason why something should not be within their jursidiction. Next if FOS think it should be they then investigate their reasons as to why and either overrule them or bide by them.

The company only have to give you FOS rights if you are able to take your complaint to the FOS.

Part of the assessment process that the FOS are meant to do, if the company does not give FOS rights in the company's FRL is to consider why they have not given FOS rights, and should result in the FOS advising the customer sooner rather than later that the case is outside their jurisdiction.

If a company puts FOS rights in their FRL for a case that cannot be considered by the FOS they get charged a £500 case fee. Therefore a company will not get charged if FOS rights are not put in the FRL and the case is referred to the FOS. This is the theory anyway

tommy44

Hi Stereomike

Can I ask your advice on this please?

a, I have already been told by the BH that I cannot refer to the FOS.
b, The FOS know this and said that this is now incorrect.
c, I have written to BH and told them that I have been informed by the FOS and that they will look at the case, therefore I shall complain to them.
d, FOS already know that BH weren't regulated by GISC or FSA at the time of the loan.
e, Knowing this already, considering their huge back log of complaints, will they still look at my case?
f, Is this just lip service, or wanting to be seen to be doing the right thing?
g, What determines whether they can or cannot take my case on. Is it the type of complaint?

It just feels like a total waste of time going down this route if I have to wait X amount of months to be told that the FOS can't help, when they have had the opportunity to do so at the beginning of my request.

I have had a letter and application form to fill in from the FOS, stating that they have written to BH and given them 8 wks to respond to my complaint with a final decision. So at least BH know that the FOS have listened to my initial complaint.

Thank you for your opinion and advice.

stereo_mike

tommy44 wrote: »

Hi Stereomike

Can I ask your advice on this please?

a, I have already been told by the BH that I cannot refer to the FOS.
b, The FOS know this and said that this is now incorrect.
c, I have written to BH and told them that I have been informed by the FOS and that they will look at the case, therefore I shall complain to them.
d, FOS already know that BH weren't regulated by GISC or FSA at the time of the loan.
e, Knowing this already, considering their huge back log of complaints, will they still look at my case?
f, Is this just lip service, or wanting to be seen to be doing the right thing?
g, What determines whether they can or cannot take my case on. Is it the type of complaint?

It just feels like a total waste of time going down this route if I have to wait X amount of months to be told that the FOS can't help, when they have had the opportunity to do so at the beginning of my request.

I have had a letter and application form to fill in from the FOS, stating that they have written to BH and given them 8 wks to respond to my complaint with a final decision. So at least BH know that the FOS have listened to my initial complaint.

Thank you for your opinion and advice.

The letter that the FOS have sent to Black Horse stating they have 8 weeks to respond, is a standard letter that the FOS issue to a company when the FOS thinks an FRL has not been sent. Basically the FOS don't think Black Horse have investigated your complaint are are giving Black Horse the standard 8 weeks to respond to your complaint.

Black Horse should give you a response to the issues the FOS have passed onto Black Horse, however in my experience the letters that FOS send in these circumstances are rubbish, and you would be much better off writing to black horse directly.

In response to your other questions, if black horse weren't a member of GISC prior to FSA regulation and at the time they sold you your policy then the chances of FOS looking at your complaint are very low, especially as I don't think black horse are directly regulated by the FSA and are an appointed rep of Lloyds TSB. The product doesn't matter, as FOS can investigae complaints about PPI. All that matters is when the complaitn was sold and if the company had signed up to the voluntary regulation at the time.

If the company had not signed up to the voluntary regulation, then it would be hard for the FOS to judge a case where there was no regulation (no rules), and hence why they can't look at it.