PPI MIs-sale: Revealing A Secret

jennifurroberts · 2 June 2018 at 3:56PM

Hi Guys,

My husband had a credit card and we are pursuing the issuers for PPI Mis-sale.

They wrote back (several letters and a final one) and the upshot is that they wrote to him in 2013 (do not believe we ever received this) and gave him 3 years to MAKE a PPI complaint. Well that did not happen. The credit card issuers now say the only way to follow this up is to contact the Financial Ombudsman Service (FOS) WITHIN 6 months but doing so is problematic and would depend upon the FOS finding "exceptional circumstances" with our case.

My husband suffers from a cognitive illness that was not diagnosed until 2017. Though it had been apparent as early as 2015 that he was not well. I would have to reveal this and provide paperwork to the FOS and I find this emotionally difficult. I would not bother if the sum were less than £150.

The credit card issuer did say we were entitled to ~£50 for a "high undiclosed conmission" and we will get that money in 28 days.

How much PPI could the credit card issuer have taken off us (my husband had ~£12K on two cards with this issuer)?

Any and all help appreciated.

Many thanks,

Jennifur

dunstonh · 2 June 2018 at 4:27PM

They wrote back (several letters and a final one) and the upshot is that they wrote to him in 2013 (do not believe we ever received this) and gave him 3 years to MAKE a PPI complaint. Well that did not happen. The credit card issuers now say the only way to follow this up is to contact the Financial Ombudsman Service (FOS) WITHIN 6 months but doing so is problematic and would depend upon the FOS finding "exceptional circumstances" with our case.

The 3/6 year timebar needs a trigger and some firms did use the CCL format agreed wtih the FCA to allow the three year timebar clock to start ticking. If the timebar is valid, then the FOS do not have a right to overrule it.

Typically they only overrule if the timebar didnt follow the rules or the wrong address was used.

My husband suffers from a cognitive illness that was not diagnosed until 2017. Though it had been apparent as early as 2015 that he was not well. I would have to reveal this and provide paperwork to the FOS and I find this emotionally difficult. I would not bother if the sum were less than £150.

I dont see why you need to reveal that as the diagnosis was in 2017 and symptoms in 2015. The timebar letter was 2013. So, a number of years earlier. So, his health in later years shoudnt come up.

How much PPI could the credit card issuer have taken off us (my husband had ~£12K on two cards with this issuer)?

Impossible to answer as there is no uniform format. Also, its probably best not to think about what may have been.

Nasqueron · 2 June 2018 at 8:10PM

Unless you had moved house and didn't update the bank so the letters went to the wrong address then unfortunately they are allowed to time bar the complaint (same principle works for customers to ignore debt for 6 years then not have to pay it back)

[Deleted User] · 2 June 2018 at 9:26PM

jennifurroberts wrote: »

the upshot is that they wrote to him in 2013 (do not believe we ever received this) and gave him 3 years to MAKE a PPI complaint. Well that did not happen. The credit card issuers now say the only way to follow this up is to contact the Financial Ombudsman Service (FOS) WITHIN 6 months but doing so is problematic and would depend upon the FOS finding "exceptional circumstances" with our case.

My husband suffers from a cognitive illness that was not diagnosed until 2017. Though it had been apparent as early as 2015 that he was not well. I would have to reveal this and provide paperwork to the FOS and I find this emotionally difficult. I

Unfortunately it does not matter whether you find it emotionally difficult to reveal that your husband has suffered with a cognitive illness since at least 2015 because the letter in question was sent and assumed received two years earlier in 2013. I doubt you'd be able to argue exceptional circumstance unless you had medical evidence that he was already suffering as far back as 2013.

You say the letter was never received, but the bank will be able to show it was posted and FOS will therefore accept it was received. Note that the PPI scandal is not something new, it was already in the news well before 2013.
Personally, I'd just bite the bullet and "reveal" your husband's plight. It will then be up to a FOS adjudicator to decide whether the timebar is valid.

jennifurroberts · 11 June 2018 at 1:34PM

We actually received a £115+ for the "high undisclosed commission" well within the 28 days so I am now deciding whether to pursue this.

I have thanked you all individually but now I will you all collectively. Thank you.

Nasqueron · 11 June 2018 at 5:03PM

jennifurroberts wrote: »

We actually received a £115+ for the "high undisclosed commission" well within the 28 days so I am now deciding whether to pursue this.

I have thanked you all individually but now I will you all collectively. Thank you.

Plevin commission payout, that means your complaint was rejected. If they have legitimately time barred it then it's better than nothing

jennifurroberts · 13 June 2018 at 5:41PM

I found a letter dated 2014 and for that year we paid >£4 in PPI to the card issuer!!!

PPI MIs-sale: Revealing A Secret

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