PPI Reclaims not covered by the FOS

magpiecottage

roonaldo wrote: »

The FSA say firms can time bar if the complaint is not made in the first 6 years or 3 years since the customer realised there is a cause to complain, which ever is the longest.

But FOS can only deal with complaints relating to general insurance (including PPI) sold before 14 January 2005 if the firm subscribed to the General Insurance Standards Council's code of practice. If they did not, neither FOS nor the FSA has any jurisdiction over the advice.

However, the GISC code required any insurer subscribing to it to only accept business from an intermediary that also subscribed (and vice versa).

So it would be worth checking whether the firm selling the policy subscribed (FOS will be able to tell you) OR the insurer did.

If the intermediary did not but the insurer did you may be able to pursue a claim against the insurer on the basis that the policy would never have been sold to you if they had not breached the code.

Alpine_Star

roonaldo wrote: »

The FSA say firms can time bar if the complaint is not made in the first 6 years or 3 years since the customer realised there is a cause to complain, which ever is the longest.

:eek:


Decisions concerning the time barring of individual complaints are ultimately for the FOS to make, but in general terms, our view (as set out in CP10/6 para 3.14), is that general media coverage of the PPI issue, including comments or publications by us, would not be enough to have given a consumer the kind of specific ‘constructive knowledge’ required by DISP’s time limits.

Accordingly, while some consumers who bought PPI before January 2005 may, on an assessment of their individual circumstances and events, be deemed to have had appropriate awareness before January 2008, such that they will be out of time by January 2011, our view is that this is unlikely to apply to consumers generally (though that is ultimately a decision for the FOS to make concerning complaints referred to it).

http://www.fsa.gov.uk/pubs/policy/ps10_12.pdf

roonaldo

magpiecottage wrote: »

But FOS can only deal with complaints relating to general insurance (including PPI) sold before 14 January 2005 if the firm subscribed to the General Insurance Standards Council's code of practice. If they did not, neither FOS nor the FSA has any jurisdiction over the advice.

However, the GISC code required any insurer subscribing to it to only accept business from an intermediary that also subscribed (and vice versa).

So it would be worth checking whether the firm selling the policy subscribed (FOS will be able to tell you) OR the insurer did.

If the intermediary did not but the insurer did you may be able to pursue a claim against the insurer on the basis that the policy would never have been sold to you if they had not breached the code.

This is something different. I referred to time barring.

"more than six years after the event complained of or (if later) more than three years from the date on which he became aware (or ought reasonably to have become aware) that he had cause for complaint, unless he has referred the complaint to the firm"

cheekymonkey71

Hi i do apologise if im repeating what has been asked a thousand times.! but im trawling the forum to try to find an answer and can't.!!

basically i had few claims going through one of which was ppi on a car loan. This got rejected through the fos saying i must have known it was on there. Anyway after some investigating by myself i find out thats not the case they will tell you that but actually its because the company were not regulated by fos but by FLA.

So on reading this forum it appears the FLA maybe useless anyway so i went down the route of ringing the fos and asking about the underwriter way.

I was told on the phone i need to find out who the seller to me was acting on behalf of .. sorry to sound thick but i told her the name of the garage and the name of capital bank is who its with and she says i need to ring capital bank and ask who they acted on behalf of.

Problem is during the time i had the loan it was transferred to blackhorse.

so i dont even think i will get an answer to this anyway as the garage will say capital one and they will say nothing as they now blackhorse.!!

does anyone know whats the best option is it worth going to FLA as it states clearly on the paperwork which is dated feb 07 that they were regulated by them

any help however little gladly received as my first claim against this was put in ages ago,!!!!!!!

di3004

Hi there

Normally whoever set up and sold your account is the ones responsible, so I would not ring but write a letter a letter to the lender such as whoever you were paying back the loan for the policy details, as these will still be able to provide these for you.

With one of mine, the broker who set up and sold the loan dissolved but the lender provided me with the policy details when I requested for them in writing.
You will then find the details of the insurer on the policy booklet details they send you.

Hope this helps for now. Good luck.

cheekymonkey71

ok thank you i will try that approach..!!!!!!

di3004

cheekymonkey71 wrote: »

ok thank you i will try that approach..!!!!!!

Not a problem and good luck.
Think it taken just over a week they posted the policy details to me after requesting for them in writing.;)

cheekymonkey71

just to add i did ring capital bank which is now black horse and all they can say is my agreement is def just between me and capital bank and no other agent.

when i called fos again they said that they have to be clear who sold me the product as they were not going to log a complaint against capital bank if it was the garage??? arrrrggghhh i've already told them i dont know as i was sold the whole lot together and had no idea there was a ppi on the agreement as at that moment in time had never had car loan before.!!!!

di3004

cheekymonkey71 wrote: »

just to add i did ring capital bank which is now black horse and all they can say is my agreement is def just between me and capital bank and no other agent.

when i called fos again they said that they have to be clear who sold me the product as they were not going to log a complaint against capital bank if it was the garage??? arrrrggghhh i've already told them i dont know as i was sold the whole lot together and had no idea there was a ppi on the agreement as at that moment in time had never had car loan before.!!!!

Hiya

Just a suggestion, but sometimes the FOS will write to the business on your behalf, so maybe if you asked them, they will do this for you and may get some answers at last, because I don't think they will mess the FOS around.;)

helpmary

Hi hope this is in the right post.
I have a claim against The Black & White group for my mis-sold PPI as they are no longer in business the FOS told me to claim from the FSCS they checked and took it on after 4 months they have now sent a letter back to say that they work under a set of rules made by the FSA and as my PPI was taken out on 26th Nov 2003 it falls outside their jurisdiction and they can not be of any further help.
Can any one who reads this help or know what to do next.