PPI Reclaiming discussion Part II

marshallka

maxdp wrote: »

Did not realise that thought as long as it was with the FOS in time it would not be time barred. Did FOS say that or is that what you already have confirmed.:eek:

No, what i meant was if FOS did turn around and say "sorry we can not look into it" and passed it back to you and your only other option was the courts then it may be time barred for the courts by this time.

maxdp

DONREY wrote: »

HI
Can anyone help im a first time user of the forum.I'm trying to reclaim my husband ppi on capital one credit card was unaware we had it till two months ago. On checking my statement noticed that i had it contacted them they said that i had applied for it when we got the credit card eight years ago!.
Asked them to prove that we had they have just sent me a copy of the application which has a tick in the box(Dont think we would have ticked it as husband a big believer that they are a rip off). Wrote to them last week asking for them to refund my money .Got a letter today saying i ticked the box and was provided with the relevant info so my own fault is there anything i can do to claim it back???????.would really grateful for some help thanks

Not if you ticked the box I would think not. What about existing health problems or if your husband is self employed then maybe he would not have been covered.:D

marshallka

DONREY wrote: »

HI
Can anyone help im a first time user of the forum.I'm trying to reclaim my husband ppi on capital one credit card was unaware we had it till two months ago. On checking my statement noticed that i had it contacted them they said that i had applied for it when we got the credit card eight years ago!.
Asked them to prove that we had they have just sent me a copy of the application which has a tick in the box(Dont think we would have ticked it as husband a big believer that they are a rip off). Wrote to them last week asking for them to refund my money .Got a letter today saying i ticked the box and was provided with the relevant info so my own fault is there anything i can do to claim it back???????.would really grateful for some help thanks

These tick boxes are often filled in by the person that sells you the ppi. I would say to you though that as its over the 6 years it probably time barred for the FOS and so your only option would be through the courts here.

maxdp

I may be wrong but I thought it was not when you took the PPI out because you still have it at the moment. I thought it was if you had stopped the PPI 6 years ago then it would be time barred. I have stuff with FOS that was taken out more than 6 years ago but was not settled more than 6 years ago.

If anyone knows definitely e.g. Tiggrae!! please can you clarify for me cause i am confused. Though saying that it does not take much to confuse me at mom. lol

maxdp

• If your policy started in the last six years, whether you’re still using it or not: Reclaim and ask your lender for a copy of the paperwork if you no longer have it.
• If your policy started over six years ago and you are either still using it, or it ended within the last six years: Reclaim and ask your lender for a copy of the paperwork if you no longer have it. Your chances of success may be reduced if you have been aware of the mis-selling for some time, you have already complained or your account is very old.
• If your policy ended over six years ago and you have the paperwork: Reclaim, although your chances of success are reduced, as it will depend on what you can remember about the sale.
• If your policy ended over six years ago and you do not have the paperwork: Do not start a reclaim. As lenders only have to keep records for six years, if no one has a record of the contract a reclaim is unlikely to be sucessful.

This is on the main site which I think explains it more fully.

marshallka

maxdp wrote: »

• If your policy started in the last six years, whether you’re still using it or not: Reclaim and ask your lender for a copy of the paperwork if you no longer have it.
• If your policy started over six years ago and you are either still using it, or it ended within the last six years: Reclaim and ask your lender for a copy of the paperwork if you no longer have it. Your chances of success may be reduced if you have been aware of the mis-selling for some time, you have already complained or your account is very old.
• If your policy ended over six years ago and you have the paperwork: Reclaim, although your chances of success are reduced, as it will depend on what you can remember about the sale.
• If your policy ended over six years ago and you do not have the paperwork: Do not start a reclaim. As lenders only have to keep records for six years, if no one has a record of the contract a reclaim is unlikely to be sucessful.

This is on the main site which I think explains it more fully.

You can go throught the courts (but its a risk...) if you are claiming for further back than 6 years (and also if you have the paperwork as the company does not have to keep it for any longer), but apparently not through the FOS. That is my understanding of it. Also Tiggrae answered this one to sarah the other day and said to her that her only option was the courts for something similar.

I have been told that ALL claims with regards to PPI (whether it be unfair rebate, misselling or something esle), to be within jurisdiction of the FOS, have to have been SOLD when they were either members of GISC or FSA registered for the insurance being Jan 05.

There is some confusion over this at the moment as Tiggrae says that it goes by the settlement date for unfair rebates and singlep says that it goes by the sale date for any type of PPI claim.

We are waiting for Tiggraes response to a post made by singlep a couple of days ago. I want to know this myself too.

This is for FOS claims but you can risk the courts at any time i think as long as you know the risks and think you have a strong case.

marshallka

This is from Martins guide

Where the FOS may not be able to help
As the FOS can only help with complaints about companies regulated by the FSA unfortunately this means it is not able to help with all complaints. Most people who got a loan from a bank will be covered, yet if you bought insurance from another source before Jan 05 the Ombudsman may not be able to help. The best way to find out is simply call the FOS up and ask if your lender is covered

I will add to this that if the company was a member of GISC before 2005 and you have a claim then they shoud be able to help.

You can find this out by ringing the ombudsman helpline and giving the name of the seller of the PPI and asking if they were members and at what date. If your sale was made in that date or after then they should be able to look into it. I know above in the guide it says your "lender" but from experience and this site as well its your seller of the ppi that you have to make a claim from. (anyone care to agree/disagree?????)

Taken from the PPI reclaiming Guide below


What to do if the Ombudsman doesn’t have jurisdiction
This does make things a little more difficult. Generally the FOS will put you in touch with another organisation, either an official one or a trade body that may be able to hear your complaint; someone like the Finance and leasing Association or Association of British Insurers.
If this happens it makes getting a payout more difficult (though I’m still waiting for feedback on this process as this is so new), though it's still worth following it through. Please report your experiences in the PPI Non-FOS Reclaiming discussion.

di3004

Hi folks

Just to keep you updated, although nothing to do with reclaiming sorry - but in case any of you been wondering where I got to.......:rolleyes: .

Yesterday my mate "Martin's Little Pupil" left a message on here to explain the problems I was having with my lappy, its been sorted out for now, and all thanks to my brother in-law, (me and hubby do not have a clue) lol.....:o , so I had a lend of mum's until now and mine is up and running for now, don't know how long it will last out though......:rolleyes: .

I have been giving it a MOT, such as disc cleaning etc and it does seem to be speeding up for now, but I am not going to build up my hopes - just in case.;)

Sorry for leaving you to it all here.......:o , but I do intend to come back and forth and help where I can.;) . And thanks all.;) :beer:

Catch ya shortly.:D

Di.
x

maxdp

marshallka wrote: »

You can go throught the courts (but its a risk...) if you are claiming for further back than 6 years but apparently not through the FOS. That is my understanding of it. Also Tiggrae answered this one to sarah the other day and said to her that her only option was the courts for something similar.

I have been told that ALL claims with regards to PPI (whether it be unfair rebate, misselling or something esle), to be within jurisdiction of the FOS, have to have been SOLD when they were either members of GISC or FSA registered for the insurance being Jan 05.

There is some confusion over this at the moment as Tiggrae says that it goes by the settlement date for unfair rebates and singlep says that it goes by the sale date for any type of PPI claim.

We are waiting for Tiggraes response to a post made by singlep a couple of days ago. I want to know this myself too.

This is for FOS claims but you can risk the courts at any time i think as long as you know the risks and think you have a strong case.

OK thank you for that had it different in my head but do not know where I got it from. Thought it was time barred 6 years cause lenders do not have to keep records any longer than that but as long as you claimed within 6 years of settling that was OK.

I see we will have to wait for Tiggrae to respond so we will know.:rotfl:

Just when you think something is clear it all gets confusing again:eek:

maxdp

marshallka wrote: »

This is from Martins guide

Where the FOS may not be able to help
As the FOS can only help with complaints about companies regulated by the FSA unfortunately this means it is not able to help with all complaints. Most people who got a loan from a bank will be covered, yet if you bought insurance from another source before Jan 05 the Ombudsman may not be able to help. The best way to find out is simply call the FOS up and ask if your lender is covered

I will add to this that if the company was a member of GISC before 2005 and you have a claim then they shoud be able to help.

You can find this out by ringing the ombudsman helpline and giving the sellers name or the PPI and asking if they were members and at what date. If your sale was made in that date or after then they should be able to look into it.

Taken from the PPI reclaiming Guide below


What to do if the Ombudsman doesn’t have jurisdiction
This does make things a little more difficult. Generally the FOS will put you in touch with another organisation, either an official one or a trade body that may be able to hear your complaint; someone like the Finance and leasing Association or Association of British Insurers.
If this happens it makes getting a payout more difficult (though I’m still waiting for feedback on this process as this is so new), though it's still worth following it through. Please report your experiences in the PPI Non-FOS Reclaiming discussion.

Thank you it is becoming clearer for me now thank you. Mine have been quite straight forward in that respect.:rotfl: