Possible Ombudsman rejection

matt_matt51

Hi All,

I've had a look to see if anyone has posted something similar. I had a PPI claim rejected by the bank and so put my complaint to the Ombudsman. I have recently been contacted to check my address as the provider wrote to me to say i could have had PPI (not that i recall). Is this grounds to reject my claim? I'm trying to work out the best response to the Ombudsman to ensure it does not result in my claim being rejected.

Thanks

[Deleted User]

Best response is the truth.

Tell them your address.

dunstonh

I have recently been contacted to check my address as the provider wrote to me to say i could have had PPI (not that i recall). Is this grounds to reject my claim?

Depends on the context.

If you were written to with a CCL (an invitation to complain after being notified you had PPI) and the address was not current but you no longer used their services then the FOS will usually overrule the timebar. However, if you still used their services and failed to notify them of a change of address, then the FOS will not normally overrule the timebar in that scenario as you are required to keep them upto-date with the address.

It isnt clear what the context is from your post.

I'm trying to work out the best response to the Ombudsman to ensure it does not result in my claim being rejected.

The truth is usually best as many PPI complaints require the adjudicator to make a decision based on the balance of probability. This tends to go with the most credible side. If you one side is found to have told lies or provide too much inconsistent information, then it tends to do with the other.

Nasqueron

It sounds like they have time barred the complaint by writing to you asking if you wanted to complain.


If you have not moved since the account was closed then the time bar is valid. If you have moved since the account was closed then you can provide proof that you did move and this should mean the FOS will reject the time bar. If the account is still live and you didn't update the address with the provider then you'll be out of luck

[Deleted User]

matt_matt51 wrote: »

I have recently been contacted to check my address as the provider wrote to me to say i could have had PPI (not that i recall). Is this grounds to reject my claim?

Unfortunately, if it was a few years ago that you were written to and your actual address at the time was the one which the Bank wrote to, these are indeed grounds to reject any complaint now.
If it was sent to your current address at the time, then the bank's proof of posting will be accepted as evidence that you received it. You cannot simply state that you can't remember the letter.

matt_matt51 wrote: »

I'm trying to work out the best response to the Ombudsman to ensure it does not result in my claim being rejected.

The only realistic response is to tell them your address at the time you were written to. Obviously, you'll have to provide proof of your address change if it differs from that on file with the Bank. You'll also have to have ceased being a customer at the time, otherwise it was your responsibility to inform them of any change of address.

Your posting history shows you having had successful PPI complaints as far back as 2012, so why did you delay so long with this one?

matt_matt51

Thanks for the advice Moneyineptitude. I claimed PPI back in 2012 from a bank loan, and as you said was successful in my claim. In this instance it is PPI on a credit card. In my naivety I didn't think you could get PPI on a credit card. How wrong was I.

matt_matt51

Thanks everyone for taking the time to reply. The claim is in relation to a credit card. The account is now closed, and has been for a number of years. At the time the bank wrote to me I had moved, but I cannot obtain evidence due to how long ago it was, and only being a short term let have no letters for the address with the required dates.

I have asked the Ombudsman if it is possible to send me the letter. If I didn't receive it, and did not ask for PPI, do I still not have grounds to complain?

I have raised in my complaint that it was only Jan/Feb last year I discovered that PPI could be applied to credit card accounts. It was my understanding that PPI was only sold through loans. On discovering this I contacted all previous providers to enquire. Whether this supports my argument I don't know. However, based on the above responses I expect my claim will be rejected due to a letter that was sent to me, even thought I may or may not have received or read the letter.

We'll see what happens, although I wont be holding my breath. Very frustrating.

societys_child

I have raised in my complaint that it was only Jan/Feb last year I discovered that PPI could be applied to credit card accounts

If you paid any PPI on a credit card it would have been clearly itemised as such, on the monthly bill. Would have been difficult to miss.

[Deleted User]

matt_matt51 wrote: »

I have asked the Ombudsman if it is possible to send me the letter. If I didn't receive it, and did not ask for PPI, do I still not have grounds to complain?

You need to understand that the letter time bars you from any complaint at all, unless you can prove you were living somewhere else at the time it was sent. Why do you want the Ombudsman to send you the letter? What will that achieve?

Why do you think not requesting PPI is a valid complaint only now? If you didn't want PPI on your credit card, why did you not cancel it when it first appeared on EVERY MONTHLY STATEMENT when your account had a balance?

Regardless of what happens here, I recommend you keep a tighter control on your finances in future. Regularly checking your financial statements is a good place to start...

Bermonia

As already advised the business has said that they consider the complaint time barred - as such it is up to you to prove to the FOS that you were not living there at the time the letters were issued, if you cannot do this then they will conced that the complaint has been correctly time barred and you therefore have no access to FOS on this occasion.

matt_matt51

Hindsight is a wonderful thing. Wish I had been more on top of my finances. However at the time paying the balance was my main concern and didn't consider looking at my online statements.

You live an learn.