PPI Reclaiming discussion Part II

marshallka

pinknico wrote: »

Can anyone tell me what I do next if I receive no response from a company
regarding my complaint within 40 days, I can only find what to do if you get an unsatisfactory reply.

Thanks in advance.

Its up to 8 weeks for a response with a complaint and up to 40 days to comply with a SAR request.

marshallka

singlep wrote: »

Not neccessarily. Even though FOS may believe it can act, they will write to the firm who may put forward grounds as to why it is out of their jurisdiction.

I think that is what happened here with my Firstplus one ages ago. I asked them to look into my settlement and rule 78 (i argued about this being used) and I remember the guy i spoke to seemed to say that they would gladly look into it BUT it may be FIrstplus that say its outside their jurisdiction here. :mad: I was just annoyed that they had told me in writing that they were looking into it and an adjudicator was allocated and then the next day they told me in writing that they had it wrong.

Companies like this maybe have something to hide??

sarahc5388

tiggrae wrote: »

The post for you was at 4995 - this is it

County court is your only way now - there is the risk of them trying to get it statute barred, if so you can request the court look at it your claim under Section 14a of the Statute of Limitations Act 1980 - this is for claims under tort for negligence (claims under tort are normally statute barred after 6 years) - basically this section allows for an additional 3 years to make your claim from when you became aware of the act which caused you damage. As you would be claiming for Negligent Misrepresentation (ie you have suffered negligence) this clause should apply. However,- there is no precedent set, but under case law you can ask the Judge to allow the 3 year extension soley on the individual facts of your case that you were not in a position to know you had been negligently mis representated to until recently (ie not working in law, finance etc etc) recent media attention

you would only use the above if after you've started your claim in the County Court they put in an application to get it statute barred

thanks Tiggrae - has anybody else done this for PPI on an overdraft? they mention it being statute barred in their (barclays say noooo) letter to me, i will have look at the form, and try asnd find out a bot more about the process and have a think about it. Anyone know off the top of their head what costs are involved to do this?

maxdp

Hi all

Wonder if somebody could give me some advise. OH had 3 loans with Masterloan. FOS upheld complaint and gave Barclays one month to reimburse. Heard nothing from Barclays so got in touch with FOS and they contacted Barclays. Had no response again but found out three weeks later that two amounts had been put into OH bank account. Looked like difference between PPI amount and refunded amount plus some interest.

Two months later and numerous correspondence with FOS and Barclays and we still have not received paperwork to back up refund. I think it is not the right amount because they were told to take us back to the position we would have been in if we had not taken out the PPI's. They do not seem to have taken into consideration that the PPI that was not refunded would have affected the 2nd Loan and the third loan would have been affected by the PPI on first and second loan.

They were told by FOS to back up their figures they have not done so the FOS keep sending reminders to them but nothing:mad:

Do I just keep badgering the FOS or where do I go from here. Find it difficult to work out figures myself because I do not have copies of all the paperwork but I know the FOS does.

Any advice would be appreciated:D

marshallka

maxdp wrote: »

Hi all

Wonder if somebody could give me some advise. OH had 3 loans with Masterloan. FOS upheld complaint and gave Barclays one month to reimburse. Heard nothing from Barclays so got in touch with FOS and they contacted Barclays. Had no response again but found out three weeks later that two amounts had been put into OH bank account. Looked like difference between PPI amount and refunded amount plus some interest.

Two months later and numerous correspondence with FOS and Barclays and we still have not received paperwork to back up refund. I think it is not the right amount because they were told to take us back to the position we would have been in if we had not taken out the PPI's. They do not seem to have taken into consideration that the PPI that was not refunded would have affected the 2nd Loan and the third loan would have been affected by the PPI on first and second loan.

They were told by FOS to back up their figures they have not done so the FOS keep sending reminders to them but nothing:mad:

Do I just keep badgering the FOS or where do I go from here. Find it difficult to work out figures myself because I do not have copies of all the paperwork but I know the FOS does.

Any advice would be appreciated:D

I would keep asking the FOS to get in touch with them. Its been upheld and they will owe you more money again soon as the interest keeps mounting up.

maxdp

marshallka wrote: »

I would keep asking the FOS to get in touch with them. Its been upheld and they will owe you more money again soon as the interest keeps mounting up.

Thank you Marshallka it is so frustrating as usually you think once a decision has been made it should be settled. Customer care is definitely out of the window. Have waited since December last year for this to be sorted and I thought it was on the final leg. Still have five others with FOS most sent in the same time and have not even been given to an adjudicator yet. They are I know snowed under. Fingers crossed that these will soon be sorted as well.:eek:

marshallka

maxdp wrote: »

Thank you Marshallka it is so frustrating as usually you think once a decision has been made it should be settled. Customer care is definitely out of the window. Have waited since December last year for this to be sorted and I thought it was on the final leg. Still have five others with FOS most sent in the same time and have not even been given to an adjudicator yet. They are I know snowed under. Fingers crossed that these will soon be sorted as well.:eek:

I hope you get them all.:D and you are right, there is no customer care at these places. Banks etc care about themselves and BIG profits. We do not come into the equation at all.

I think this 6 month wait for FOS is nearing a 12 month wait now:eek:

maxdp

marshallka wrote: »

I hope you get them all.:D and you are right, there is no customer care at these places. Banks etc care about themselves and BIG profits. We do not come into the equation at all.

I think this 6 month wait for FOS is nearing a 12 month wait now:eek:

I quite agree. Do you have m colaks spreadsheet for working out PPI payments have asked him for a copy but he does not seem to have been on here for ages.

Take care and well done for all your hard work on here;)

marshallka

maxdp wrote: »

I quite agree. Do you have m colaks spreadsheet for working out PPI payments have asked him for a copy but he does not seem to have been on here for ages.

Take care and well done for all your hard work on here;)

I have the dual calculator thing on my desktop but i have not got a clue how to use it. I don't know if this is what you mean. Also don't know how to give you the link for it either??? (its not a copy/paste thing lol).

maxdp

marshallka wrote: »

I have the dual calculator thing on my desktop but i have not got a clue how to use it. I don't know if this is what you mean. Also don't know how to give you the link for it either??? (its not a copy/paste thing lol).

Ok no problems am so frustrated with the whole thing at the moment just e mailed my adjudicator and he is away from the office until next week.

Barclays are completely ignoring all attempts to send settlement figures to us. I think there is a learning curve here for anybody out there do not just accept figures when going through FOS because they do not check them:eek:. I wonder how many of these upheld claims have not been paid out properly and the lenders have just relied on the fact that we would be greateful for what we get.

I know FOS do not have time to check these and probably think that they do not need to.:mad::mad::mad::mad:

If it was later in the day I feel a large glass of wine coming on but not really appropriate so early in day as have kids to run about etc etc. lol;)