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    • jennifurroberts
    • By jennifurroberts 2nd Jun 18, 3:56 PM
    • 9Posts
    • 2Thanks
    jennifurroberts
    PPI MIs-sale: Revealing A Secret
    • #1
    • 2nd Jun 18, 3:56 PM
    PPI MIs-sale: Revealing A Secret 2nd Jun 18 at 3:56 PM
    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
Page 1
    • dunstonh
    • By dunstonh 2nd Jun 18, 4:27 PM
    • 93,892 Posts
    • 61,680 Thanks
    dunstonh
    • #2
    • 2nd Jun 18, 4:27 PM
    • #2
    • 2nd Jun 18, 4:27 PM
    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.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • Nasqueron
    • By Nasqueron 2nd Jun 18, 8:10 PM
    • 5,238 Posts
    • 3,172 Thanks
    Nasqueron
    • #3
    • 2nd Jun 18, 8:10 PM
    • #3
    • 2nd Jun 18, 8:10 PM
    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)
    • Moneyineptitude
    • By Moneyineptitude 2nd Jun 18, 9:26 PM
    • 20,762 Posts
    • 11,594 Thanks
    Moneyineptitude
    • #4
    • 2nd Jun 18, 9:26 PM
    • #4
    • 2nd Jun 18, 9:26 PM
    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
    Originally posted by jennifurroberts
    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
    • By jennifurroberts 11th Jun 18, 1:34 PM
    • 9 Posts
    • 2 Thanks
    jennifurroberts
    • #5
    • 11th Jun 18, 1:34 PM
    • #5
    • 11th Jun 18, 1:34 PM
    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
    • By Nasqueron 11th Jun 18, 5:03 PM
    • 5,238 Posts
    • 3,172 Thanks
    Nasqueron
    • #6
    • 11th Jun 18, 5:03 PM
    • #6
    • 11th Jun 18, 5:03 PM
    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.
    Originally posted by jennifurroberts
    Plevin commission payout, that means your complaint was rejected. If they have legitimately time barred it then it's better than nothing
    • jennifurroberts
    • By jennifurroberts 13th Jun 18, 5:41 PM
    • 9 Posts
    • 2 Thanks
    jennifurroberts
    • #7
    • 13th Jun 18, 5:41 PM
    • #7
    • 13th Jun 18, 5:41 PM
    I found a letter dated 2014 and for that year we paid >4 in PPI to the card issuer!!!
    Last edited by jennifurroberts; 13-06-2018 at 6:19 PM.
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