PPI Reclaiming discussion Part II

marshallka

di3004 wrote: »

Dreamer had added a post here yesterday with a copy of what was sent to Wendy, just to see if Wendy herself and/or Martin has anything to say about this.;)

Yeah just read it and it sound so much like me here and I know and realise that we always did have protection under the law...

di3004

marshallka wrote: »

No, she must be on here hols I think.. Can't wait for her input on my complaint though...:D

Hopefully Tiggrae will be back very soon......:D

Doing the hoovering, won't be too long x

marshallka

di3004 wrote: »

Hellooooo there.....:D
Things are moving on there, good.;)

Right timescales will vary, but I do know as soon as its passed onto the Adjudicator, they get on to it more or less straight away, they then request info from the other party, they give them a few weeks for this, they do hope the firm will come up with an offer before going any further, if not then they start adjudicating properly, for instance, if the firm do not agree that the case should be upheld the adjudicator will see if there is anything they think they should raise and then normally give them a fortnight.

I am going by my case at the moment that is actually with the adjudicator right now (lloyds TSB credit card ppi).

If still unsuccessful, it then moves onto the ombudsman himself, but by reading some, some have been moved on to yet another adjudicator.

So this can vary.

My last case that was with the FOS had taken 14 months from start to finish as it was very complex.

With a bit of luck you will hear very soon and hopefully successful, good luck!

Di.

That was only cause of yours being thrown back though so six months is pretty usual (even weeks some people on here have reported). 14 months is not the usual...yours was complex as you say..

marshallka

bathgatebuyer wrote: »

At first the FOS didn't want to know. They said that they were not there to 'police banks or tell them how to improve their administrative procedures' So, i wrote to the Office of Fair Trading who wrote back to me and confirmed that they felt that such behaviour would be deemed to be unlawful by the Bank in question and an issue which could lead them to consider a Banks fitness to hold a consumer credit licence So, they obviously feel it very serious!

Only when I forwarded the OFT letter did the FOS then write back and say that they would investigate my case. That was back in June and as it is not Oct, I was concerned that there would not be enough time for them to consider this, and then the PPI case (which I was only going to submit if they could not confirm the CCA as rendering the account unenforceable - which I'm not sure they have the remit to do anyway). The 6 years for PPI is at 22 Nov 2008, so rather than lose out on the opportunity to have the PPI issue considered at all, I've amended my complaint to include it. Also, to include the fact that during the course of the dispute, Sainsburys have ignored the OFT Debt Collection Guidance. They wrote to me in September confirming that they were not going to refund any interest that accrued in that time - I've went back and asked for their written confirmation that they are willing to break the law on this issue in order that I can forward that to the OFT also

The correspondence from the OFT has been crucial in getting the FOS to even consider this matter. It's definitely worth writing to them and saying, "I know you can't act on individual complaints, but can I add this to your file on this company.......bla bla bla........can you confirm that you consider such activities to be unlawful" as their response really is one hell of a stick to batter the banks or debt collectors with when the time comes :T

Hope you don;t mind me dragging this one up bathgatebuyer. It may help others on here with complaints that get thrown out of the FOS complaints procedure....:D

Please note though you are only allowed to go for this if they do not produce a CCA with all the prescribed terms on if the agreement is still in force at the time... ie an executed agreement.

ALso complaints about executed agreements come under Consumer credit complaints and FOS only had jurisdiction of these complaints from April, 2007 and the agreement has to be on or after 7th April, 2007 or if the company were under the FSA at that time...

Our remit over businesses with a standard consumer credit licence only covers complaints about things that happened after 5 April 2007. Quite a large proportion of the enquiries we received at first concerned events that took place before that date, so they were not matters that we could help with. That is less of a problem now, and we expect numbers to build steadily as we go forward.

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/68/68-ombudsman-focus.htm


If anyone has a consumer credit complaint about an agreement since 7th April, 2007 then you can take this complaint to the FOS and this is anyone holding a CCL and not just about companies under the FSA.

di3004

marshallka wrote: »

That was only cause of yours being thrown back though so six months is pretty usual (even weeks some people on here have reported). 14 months is not the usual...yours was complex as you say..

Yes your right and of course what I did forget to add was that I have also known others to have their cases successfully resolved within weeks, say between 4 - 6 weeks.;) (If straight forward).

With mine, with Nemo the FOS agreed with mine from the start, it was them of the loan company that were not upholding my case, but all along the FOS were backing my case.

angelwillow

Well after being away for a week I was hoping to get some good news on my return - no such luck!
Still nothing from HBOS and their six weeks is now up - but all I got from FOS was 'well they are busy and the six weeks we quote isn't a deadline'.
Asked about my other cases too since haven't heard much about any of them recently inc. the first ones from March - still awaiting an adjudicator.
Plus no reply as yet to my email enquiring about fast-tracking.

Sorry I got one letter about one of my later claims - 'will be in touch within 2 months'.

dreamer33

What about if I wait to see what freedom come back with and then submit a letter stating it is a new complaint based on the other things that have just come to light with the ppi? Any ideas

di3004

tfsdeth wrote: »

Ive had a credit card with Egg for the past 2 years, and i was paying PPI from day one, on a monthly basis through Egg to a private insurance company. I lost my job and was unemployed for a good 6 months, by this time i wasnt able to keep up my payments to my card (with only had a 700.00 limit on it, and i owed 668.00) i got a letter from a debt collection saying i had to pay the full amount, even though i had already spoken to Egg about using my PPI because of loosing my job and they agreed that i was covered by this. Anyway when i got this letter from this debt collection i called Egg right away and asked them what the hell was going on basically and they told me that i was never covered by this PPI even though i was made redundant, and my terms said that this was covered if i had been out of work for 3 or more months after loosing my job. They then told me i needed to pay off my card and my account had been terminated. and that was it. i havent been able to contact Egg about this or the insurance company they used for the PPI cover!
Im absolutely infruiated!!!!!! I had been paying an extra 65quid a month for this PPI cover and they never actually covered me! They just lied the whole time!

I WANT to get my money back but Egg arent replying to my emails, my phone calls OR even my PPI reclaiming letter! What else can i do!?help!

Hi there

Have you actually wrote to the company about this ?

It maybe time to request futher information from them in forms of a Subject access request, known as an SAR.

I will add the template on here for you if you want to do this, please post back to let me know thanks.

With an SAR there is a cost of £10 cheque payment or postal order, they have 40 days to comply to this and they MUST provide all the information they have on you of the account, which should include phone calls recordings, emails if any etc and everything they have on you.
This will prove you was paying for PPI and can be used to help support your case.

A letter needs to be sent off to them in the meantime, its so wrong this and needs sorting out.

If they do not provide you with any of your information, you can complain to the ICO which are the Information Commissioners Office, will tell you more on this if you need to know more, but I am sure as soon as they recieve your request they know they have to get back within 40 days for the SAR and 8 weeks for the complaint reclaim.;)

Let me know if you require template letters to help you out here hun, cheers. And keep at it, don't let this one slip by.

Di.

pinknico

tfsdeth wrote: »

Ive had a credit card with Egg for the past 2 years, and i was paying PPI from day one, on a monthly basis through Egg to a private insurance company. I lost my job and was unemployed for a good 6 months, by this time i wasnt able to keep up my payments to my card (with only had a 700.00 limit on it, and i owed 668.00) i got a letter from a debt collection saying i had to pay the full amount, even though i had already spoken to Egg about using my PPI because of loosing my job and they agreed that i was covered by this. Anyway when i got this letter from this debt collection i called Egg right away and asked them what the hell was going on basically and they told me that i was never covered by this PPI even though i was made redundant, and my terms said that this was covered if i had been out of work for 3 or more months after loosing my job. They then told me i needed to pay off my card and my account had been terminated. and that was it. i havent been able to contact Egg about this or the insurance company they used for the PPI cover!
Im absolutely infruiated!!!!!! I had been paying an extra 65quid a month for this PPI cover and they never actually covered me! They just lied the whole time!

I WANT to get my money back but Egg arent replying to my emails, my phone calls OR even my PPI reclaiming letter! What else can i do!?help!

When did you send the letter? where did you send the letter ? what postage did you use?

di3004

angelwillow wrote: »

Well after being away for a week I was hoping to get some good news on my return - no such luck!
Still nothing from HBOS and their six weeks is now up - but all I got from FOS was 'well they are busy and the six weeks we quote isn't a deadline'.
Asked about my other cases too since haven't heard much about any of them recently inc. the first ones from March - still awaiting an adjudicator.
Plus no reply as yet to my email enquiring about fast-tracking.

Sorry I got one letter about one of my later claims - 'will be in touch within 2 months'.

Hi Angelwillow, hope you are well.
Its good to hear from you.

Sorry you have no good news to report here of your complaints.
I am sure you will hear when you least expect to.

Seems like they are over-run with complaints, and now that they have taken on more adjudicators, the cases will soon come down in the pile, and I hear they were taking on more, or at least advertised for more adjudicators.

Hope you hear soon.;)