PPI Mis-selling

Catmad

Today I received a letter from the FOS stating that they had upheld my complaint against Lloyds TSB but that Lloyds TSB didn't like this fact. They have asked my adjudicator to re-consider and as a consequence it is now going to go to another Ombudsman to look at. Has anyone else come across this and also surely if the adjudicator has made a recommendation/decision would the new Ombudsman go against that decision? Any advise please.

camie_2

can you give some more background about your complaint and what the reasoning was for the request that the decision be reconsidered?

chickpee

This happened to us with Picture Loans. They weren't happy with the adjudicator's decision and wanted it passed to the actual ombudsman for review.

In our case, the ombudsman has made a provisional decision and has upheld our complaint but he gave Picture another month to dispute his findings before a final decision is made. We are currently awaiting the outcome.

Once your case is passed to the ombudman all information regarding your complaint will be considered afresh but hopefully s/he will reach the same conclusion as the adjudicator.

Good luck!

rosemahairy

Thats another new one to expect didnt realise that could happen, i would have thought most companies would do this to stall paying out the money for a bit longer. Bet its frustrating thinking its finally come to an end then they still keep fobbing off and worming their way out of it. Please keep us posting with more stories like this its very interesting seeing what the ombudsman do in comparisson to the adjudicator....

Crudgie

chickpee wrote: »

This happened to us with Picture Loans. They weren't happy with the adjudicator's decision and wanted it passed to the actual ombudsman for review.

In our case, the ombudsman has made a provisional decision and has upheld our complaint but he gave Picture another month to dispute his findings before a final decision is made. We are currently awaiting the outcome.

Once your case is passed to the ombudman all information regarding your complaint will be considered afresh but hopefully s/he will reach the same conclusion as the adjudicator.

Hi Chickpee,
can you advise on what grounds the adjudicator upheld your complaint against Picture? I have been helping my sisiter in law with a case against them for some months and they have been stalling in providing SARs. they try to wriggle out of everything!

SuzySu

Ooh....I will be watching too as I am just embarking on this with Picture. Any info you have on them would be brilliant (if it isn't too cheeky to ask) .

chickpee

I'm happy to help

There were a number of reasons that the ombudsman came to his decision and one of them was that we weren't aware the ppi was only for 5 years when we had a 20 year loan. The ombudsman agreed that we were mis-led at the point of sale which he listened to on the telephone recordings.

He also said that it was Picture's responsibility to ensure that we were able to make an informed choice about whether or not to buy the policy and he was satisfied that we were unlikely to fully appreciate the full implications of taking it out or the implications if we paid off the loan early.

Picture only quoted the loan repayment amount which included the PPI so we didn't realise the full cost of the policy. The ombudsman was persuaded that had Picture fulfilled its obligations and put us in a position to make an informed choice then we wouldn't have purchased the policy in the first place.

He also stated that it was clear that Picture recommended the policy and bearing in mind we might have had to refinance before the end of the policy he did not consider that a 5 year policy resulting in over £8000 of additional borrowing with little refund on early cancellation was a suitable recommendation.

I hope this helps. We still don't know the final decision of our case but I'll keep you informed.

If I can be of any further help, please let me know.

SuzySu

So they do have recordings of the original phone calls then....TBH I really can't remember what was said. I did make notes and still have them, but I'm pretty sure I was not told outright that the PPI was only for 5 years. All I remember was being told that if we hadn't claimed in the first 3 years, we would get money back in years 3, 4 and 5. That isn't the same at all is it?

Presumably you were sent the same bumph ie the brochure explaining how the PPI works. Has no-one come back to you and said "you were sent all the info and you still signed the forms. You can't come back now and say you didn't want it"?

I will be keeping my fingers crossed for a good result for both of us. When did you send the first letter to Picture about this?

SuzySu

Sorry Catmad....just realised we have hijacked your thread. Got a bit carried away when I discovered someone who is going through the same as me.

dialysis

Catmad wrote: »

Today I received a letter from the FOS stating that they had upheld my complaint against Lloyds TSB but that Lloyds TSB didn't like this fact. They have asked my adjudicator to re-consider and as a consequence it is now going to go to another Ombudsman to look at. Has anyone else come across this and also surely if the adjudicator has made a recommendation/decision would the new Ombudsman go against that decision? Any advise please.

HI there Like chickpee we are going through the same with Picture our adjudicator has upheld our complaint so now it has gone to the ombudsman for further investigation. It seems to be the norm as these companies will do anything to get out of paying. They are happy to take your money for policies that are useless and not worth the paper they are written on. All I know is that once the ombudsman have got hold of the complaint it is a long process. Sorry.

Diane

chickpee

SuzySu wrote: »

So they do have recordings of the original phone calls then....TBH I really can't remember what was said. I did make notes and still have them, but I'm pretty sure I was not told outright that the PPI was only for 5 years. All I remember was being told that if we hadn't claimed in the first 3 years, we would get money back in years 3, 4 and 5. That isn't the same at all is it?

Presumably you were sent the same bumph ie the brochure explaining how the PPI works. Has no-one come back to you and said "you were sent all the info and you still signed the forms. You can't come back now and say you didn't want it"?

I will be keeping my fingers crossed for a good result for both of us. When did you send the first letter to Picture about this?

Taped phonecalls are normal procedure but you can request an S.A.R. and Picture will provide the recordings as well as other details of your application.
It became clear when we listened to our recordings that Picture mis-led us over the 5 year term.

We don't actually remember being sent a brochure regarding the ppi and we didn't receive an insurance certificate or anything which might have highlighted that the ppi was only for 5 years.

We sent our first letter to Picture in Feb 2007 so as Dialysis says it is a long process.

Hope this helps.