Referring to Ombudsman

I missed the 6 months deadline by 6 days because of work stress and didn’t have time to look for the paperwork to send. Then when the Plevin case Came to light I contacted the company again and this time when they wrote to me they still refused but the letter from the bank said ‘you are not outside the timeframe for referral to the FOS.’ I took this to mean I had their permission in writing to refer to the Ombudsman but I am now being told this was a clerical error!  I feel I am being messed around and having my time wasted, can I force the issue because effectively I have their permission and this is what it says I need on the Ombudsman’s website? Any advice gratefully received.

Comments

  • brettcta
    brettcta Posts: 4,693 Forumite
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    No, if they have made an admin error and told you about this then that’s the end of the matter.
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  • societys_child
    societys_child Posts: 7,110 Forumite
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    edited 14 September 2020 at 10:00PM
    can I force the issue because effectively I have their permission

    No, you can't and no you don't.


    I missed the 6 months deadline by 6 days because of work stress
    It had already been extended, how much time do did you need?
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  • dunstonh
    dunstonh Posts: 116,334 Forumite
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    Then when the Plevin case Came to light I contacted the company again and this time when they wrote to me they still refused but the letter from the bank said ‘you are not outside the timeframe for referral to the FOS.’ I took this to mean I had their permission in writing to refer to the Ombudsman but I am now being told this was a clerical error!

    The Plevin issue didnt reopen your complaint.  It is a separate issue.   The original complaint remains rejected and there is nothing you can do about that.  However, they should have considered if your PPI was one covered by Plevin rahter than tell you that you are out of time.

     can I force the issue because effectively I have their permission and this is what it says I need on the Ombudsman’s website?

    A clerical error does not give you any rights.  The original complaint would have stated your FOS referral permission.  The second letter with a typing mistake gives you no right.


    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • sun73
    sun73 Posts: 498 Forumite
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    Can someone please clarify, if the poster made a fresh complaint about Plevin and the lender rejects it, can the poster not refer it to FOS within six months of the new Plevin rejection or is still tied to the original PPI complaint that was six days over the deadline?  Also I was under the impression you could refer to the FOS for a decision on whether the lender has unfairly refused to investigate your complaint because it does not accept your reasons for late submission.  Is this correct?

  • dunstonh
    dunstonh Posts: 116,334 Forumite
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    Can someone please clarify, if the poster made a fresh complaint about Plevin and the lender rejects it, can the poster not refer it to FOS within six months of the new Plevin rejection or is still tied to the original PPI complaint that was six days over the deadline?

    Yes.  The Plevin element is a new bit and that bit in isolation can be referred to the FOS if necessary.

     Also I was under the impression you could refer to the FOS for a decision on whether the lender has unfairly refused to investigate your complaint because it does not accept your reasons for late submission.  Is this correct?

    You can still refer the case to the FOS.  However, the FOS will not look at the case.  Instead they will check wth the barring is correct.  If it is correct, they will confirm they cannot look at the case. If it is incorrect, they will tell the firm to review the complaint.

    In the scenario on this thread, the original complaint seems correctly timebarred.     The Plevin referral would get a new 6 month FOS referral but it does not give the right to reopen the original complaint.  

    It would be nice if the OP returned to give a bit more detail on why the Plevin bit was rejected (i.e was it pre 2008 or a  mortgage PPI outside of the CCA etc).

    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Hi, thanks for the advice, re Plevin, it was pre 2008. Am I still able to take them to court myself even though I missed the FOS deadline?
  • dunstonh
    dunstonh Posts: 116,334 Forumite
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    re Plevin, it was pre 2008

    Plevin does not apply then.  So, the rejection on plevin is correct.

     Am I still able to take them to court myself even though I missed the FOS deadline?

    Take them to court on what basis?   You cant take them to court on Plevin as that relies on the Consumer Credit Act changes in 2006 effective 2008.    (hence the reference to the date).   Well you could take them to court but you would lose and suffer costs.

    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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