Credit Card Reclaiming Discussion

I recently completed a form on the Canada Square Operation web site regarding PPI on an Egg Credit Card. I received a letter stating that I did have CRP and that they were looking into it.

The next letter I received was to inform me that my complaint had been rejected and that I could refer my complaint to the Financial Ombudsman Service.

I have since heard that it is Barclays that took over Egg. I was wondering if I should make another complaint to Barclays or just go to the Ombudsman.

Any help appreciated.

lel1961 wrote: »

I recently completed a form on the Canada Square Operation web site regarding PPI on an Egg Credit Card. I received a letter stating that I did have CRP and that they were looking into it.

The next letter I received was to inform me that my complaint had been rejected and that I could refer my complaint to the Financial Ombudsman Service.

I have since heard that it is Barclays that took over Egg. I was wondering if I should make another complaint to Barclays or just go to the Ombudsman.

Any help appreciated.

If you were rejected, your complaint went to the right place. You have 6 months from rejection to go to them or the complaint is closed

zubo wrote: »

Hi all
In 2004 I got into an awful mess owing a lot of money.. i simply sunk under debt.. all my fault .. i stopped paying everyone ... about a dozen companies.. surprisingly, because i argued the agreements were unlawful and individually the debts were small compared with others I was never taken to court... i had a lot of hassle from debt recovery companies for seven years or so but i avoided payment: Im not proud of that fact quite the opposite Im ashamed.

So understandably I ignored all this ppi stuff because i didnt deserve it...

however ... i have now began reclaiming my ppi to try to bolster my poor savings... its tough just surviving on a state pension...

examining the statements i can see all these excessive charges i paid back then... and would like to claim them back...

i did a lot of research on Restitution some time ago and seemed to recall a test case where the claimant argued that he was unaware that he was owed money until recently and so the six year rule only applies once he is aware.

I would appreciate any advice whether others had used the same logic and arguments

thanks

george

Financial rules are set in stone, you can't bend them to suit your needs. The 6 year rule starts from when the account was opened. The THREE year rule is from when you knew you had a reason to complain and would be triggered by a charge or the bank writing to you advising of a charge, not when you decided you had a reason to complain - any documentation from the bank putting in writing the charge is enough to trigger the 3 year rule.


Old bank charges etc cannot be complained about, only current hardship

zubo wrote: »

Such a strange reply... financial RULES are set in stone.
perhaps you can point me to the appropriate legislation...

case law in legal terms take precedence to rules... if you are interested i will find the appropriate case law which may help you be more reflective and responsive,

Certainly, it's the DISP rules set by the FCA that legislate financial complaints. Case law is irrelevant (and you won't find any, so don't waste your time) as it's civil issue, the 3 and 6 year rules are final and CANNOT be revoked. It's the same principle that means people can't have old debt chased after 6 years.



You can read them here (point 2.8.2)



https://www.handbook.fca.org.uk/handbook/DISP/2/8.html


see also


http://www.financial-ombudsman.org.uk/faq/businesses/answers/before_we_get_involved_a7.html

case law in legal terms take precedence to rules... if you are interested i will find the appropriate case law which may help you be more reflective and responsive,

It is true that if you use the courts, then the law comes into play. There you have the 15 year timebar. you say you fell into financial difficulty in 2004. 14 years ago. So, the sale of the debts would likely have occurred prior to that. So, you are probably time-barred on using the courts.

The FCA rules cover the regulated complaints process. There is no 15 year/long stop rule with the FCA. However, as mentioned above, there is the 3 and 6 year rule. The 6 year rule has nothing to do with awareness. It is 6 years from the event in question. It has to be met with the 3 year rule which is the awareness measure. You have to raise it within 3 years of being reasonably aware. The 3 awareness issue has to be specific and personal e.g. a firm cannot use PPI adverts on TV as a reason why you should be aware. This is why most old PPI complaints cannot be timebarred (although some have by writing out to people letting them know they had PPI and invited them to complain if they felt they were missold).

If you failed to the repay the debt, it would now be statute barred. However, if a firm considered your complaint and upheld the complaint, they can set off the redress against the unpaid debt. Statute barring means they cannot come after you for the money but the debt still exists.

When looking at old threads on consumer sites, you need to look athe outcome. Most (but not all) will update the thread when they are successful. So, you see an outcome. Those that are not successful more often than not do not update the thread and the thread dies. So, when looking for help, look at the threads with outcomes. Be cautious of old threads (say more than 3 years ago) where no outcome was posted.