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Can I contest the ombudsman?

Gothicgranny
Posts: 4 Newbie
Hi, first time poster so please be kind
In 2016 we complained to RBS, through a claims company about mis-sold PPI, we revere successful
With our complaint and received a couple of thousand back.
Fast forward to May 2018 and I realised that we had more than one credit card with RBS and made a further complaint via Resolver. Two months later I received a letter from RBS, dated July 2016, stating we were unsuccessful with the claim along with forms we had filled in at the time of taking the credit card out. Upon sight of the forms (from 1999) I was able to recollect taking the card out and filling in the form at the bank - the reason I was able to recollect this was because my son was a toddler at the time and slipped in some discarded pamphlets on the bank floor and banged his head. The clerk took us into managers office to sort him out and gave my son a RBS Piggy bank to calm him
Down. While we were with her we asked what PPI was and did we need it, she advised that we were more likely to be accepted for the card, so as such we ticked the box.
When we received the letter I responded to RBS with the information above to be told we were too late to contest as the decision had been made in 2016, and we had to seek advice from Finacial ombudsman to ask them to consider the case.
Today I’ve had final response from them
Stating that we should have complained in December 2016, and as such they won’t look at the complaint and have advised RBS accordingly.
I couldn’t have complained in December 2016 as I didn’t receive the letter and their decision until after my second complaint!
It feels like we have been fobbed off by the FO. They are only considering the side of RBS and state that they consider the letter was delivered in fair time!!! Which clearly it wasn’t, I’ve requested proof of delivery of the letter, which obviously they won’t be able to do as it didn’t arrive until 2018!
Where can I go to next? Or should I just give up?
In 2016 we complained to RBS, through a claims company about mis-sold PPI, we revere successful
With our complaint and received a couple of thousand back.
Fast forward to May 2018 and I realised that we had more than one credit card with RBS and made a further complaint via Resolver. Two months later I received a letter from RBS, dated July 2016, stating we were unsuccessful with the claim along with forms we had filled in at the time of taking the credit card out. Upon sight of the forms (from 1999) I was able to recollect taking the card out and filling in the form at the bank - the reason I was able to recollect this was because my son was a toddler at the time and slipped in some discarded pamphlets on the bank floor and banged his head. The clerk took us into managers office to sort him out and gave my son a RBS Piggy bank to calm him
Down. While we were with her we asked what PPI was and did we need it, she advised that we were more likely to be accepted for the card, so as such we ticked the box.
When we received the letter I responded to RBS with the information above to be told we were too late to contest as the decision had been made in 2016, and we had to seek advice from Finacial ombudsman to ask them to consider the case.
Today I’ve had final response from them
Stating that we should have complained in December 2016, and as such they won’t look at the complaint and have advised RBS accordingly.
I couldn’t have complained in December 2016 as I didn’t receive the letter and their decision until after my second complaint!
It feels like we have been fobbed off by the FO. They are only considering the side of RBS and state that they consider the letter was delivered in fair time!!! Which clearly it wasn’t, I’ve requested proof of delivery of the letter, which obviously they won’t be able to do as it didn’t arrive until 2018!
Where can I go to next? Or should I just give up?
0
Comments
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The latter. They don't need to prove delivery of the letter. They're not sent recorded delivery so there is no signature at your end.
There's no fobbage from FOS. That's not what they do. You could try appealing but keep your expectations low.0 -
It’s mad that if it was the opposite way round I’d be required to prove proof that they had received it.0
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That's not really true.
Proof of despatch is generally all that's required.0 -
they don’t have proof of postage though. They have a letter that was dated in 2016, not posted in 2016. It’s my opinion that this was printed and sent after my second complaint. It’s very coincidental that the letter arrived a few weeks after my 2nd complaint.
If they are saying a letter with a date they have put on is proof, then I could have dated my letter 2016, and claimed I’d sent it in 2016!0 -
I’d also be interested to know where this letter had been for the past two years if, indeed it was posted when they said!0
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They have proof of the creation and despatch of the letter within their customer view.
As to where it's been, that's one for the Royal Mail.0 -
Gothicgranny wrote: »It’s my opinion that this was printed and sent after my second complaint. It’s very coincidental that the letter arrived a few weeks after my 2nd complaint.
While it's certainly possible that someone at the Bank is so concerned that you personally should not have a refund that they risked huge fines from the regulator for acting inappropriately, I think it's highly unlikely.
FOS accept proof of posting (from either side) as proof of delivery. You may well never have received this letter, it's also possible you thought it was junk mail or have even forgotten about it.
Whatever happened, though, your complaint is time barred and I can't see any way you will overturn this.0 -
You can still issue proceedings though moneyclaim online.
That is still your statutory right regardless of the status of your complaint.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
With regard to the Financial Ombudsman I have to also question their alleged impartiality.
My PPI was rejected by the bank because they said that the PPI box was ticked indicating that I had agreed to it and also that I "could afford the PPI". The F.O agreed and repeated these reasons in their rejection of my complaint.
I contested the need for the PPI at the time and am unaware that affordability comes into it at all. I remain confused and suspicious. Good luck with your problem.0 -
I contested the need for the PPI at the time and am unaware that affordability comes into it at all.
Affordability is a suitability requirement on advised cases.With regard to the Financial Ombudsman I have to also question their alleged impartiality.
Nothing you have said suggests any failing in the impartiality of the FOS. Remember they are there to look for evidence of wrongdoing. They appear not to have found any evidence of wrongdoing or nothing to suggest wrongdoing occurred.
They cannot just uphold a complaint because you want them to. There has to be something wrong.0
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