the FOS adjuicator has now confirmed that they are upholding my complaint but marbles have contested it. Therfore FOS have referred it to the ombudsman for a final decision. Any ideas how long this normally takes?

Well what a surprise, they have not responded by their own deadline. I have called them today and they have advised me that they have posted a questionnaire to me today and they request that I complete it and return it to them so that they may properly consider my complaint. does anyone have any ideas as to what the best response should be should I complete the questionnaire and return it or should I simply press them for the info I require to issue proceedings / lodge complaint with FOS. I am thinking that the questionnaire is simply a tool to assis potential claimants in hanging themselves and that they should be able to ascertain whether they missold the PPI purely from their own records your responses are welcome

are people generally recovering the contractual interest when going down the FOS route?

thanks for letting me know.. if they mess me around i think I will just wait for sar records to turn up and then issue a claim in the county court, and see if that sparks them into life! thinking it might be less hassle than leaving it to fos and will be quicker and more likely to get the full refund with contractual interest and statutory interest! they will rue the day they messed with me :grin:

checked this evening and the money has already been refunded to my aacount!

Barclaycard have responded advising that they will investigate complaint and respond by the 10th July, woncdering if they will stick to their own deadline, which is less than the 8 week requrement. Still not received account info

Received a letter this morning stating that they are refunding all PPI and interest, totalling nearly £900.00. However they haven't given me a breakdown or supplied SAR?

I was wondering why people are referring these claims onto the FOS when they could simply issue a claim in the County Court? Are there pitfalls people are falling into when taking this course of action, or is it just considered easier to refer onto the FOS?

Hensderson 50 the fast track starts at £5K therefore my previou point would still apply

Henderson 50 if you are going to make a claim for repayment of an ERC worth £19500 you are going to come up against substantial opposition. If you have to issue proceedings, then the claim won't be governed by the small claims track rules, therfore if you lose you are extremely likely to have to pay the Defendant's costs in Defending the action, clearly these could be substantial.

Having read this thread I note that Supersleauth is of the view that an ERC is potentially an unenforceable term in a mortgage contract, this is a view I share, and was wondering whether anyone has a transript of the first instance decision in the Cherry Tree case? I note that in the CA case the Defendant tried to challenge the original decision on the basis that it was not a consumer contract and therefore outside the scope of the UTCR etc. I wonder why they did not challenge the fact that it was an unfair term/ penalty clause and why the CA doesn't appear to have given any obiter comments on this point, unless of course it was considered a given fact that if it was a consumer contract then it was a penalty clause/ unfair term..Any thoughts? I would particularly like to hear from Supersleuth - have you had some success?

Well I took the SAR form (and cheque, decided would be quickest route and no argument about deducting from my A/C) to the post office and put the address they advised me to send it to on the envelope. Went to send it recorded and was advised that the postcode was wrong!! Copied straight from their SAR Form!!! Anyway the kind lady behind the counter was able to check what the correct postcode and address was and amended the letter for me. Call me cynical but I'm not sure it was a genuine error on their behalf, particularly as they already claim to have forwarded me a copy of the contract and a leaflet re the FOS, which of course they forgot to include in the letter!!!!

no i have not sent a cheque or postal order, I have told them to debit my credit card account in the sum of £10.00. they have asked for a copy of my passport, rather than my pasport, are they entitlled to request such proof, given that it is my a/c and I 'm asking them to send info to my address?

CITI have written to me confirming that they have recevied my complaint and that they will investigate and return to me within eight weeks, confirming where they stand in respect of it. They have thanked me for giving them the opportinity to put things right.... bizarre...

HFC have decided not to uphold my complaint. They have advised that the AC was opened in 2000 and that the PPI was sold on a non advised basisand that the PPI was applied when the account was initially opened. their letter claims to enclose a copy of the original agreement where my signature confirms my agreement to the cover. The letter goes onto explain that following my agreement to the cover they sent me a welcome pack, which included a ppi policy leaflet which invites the reader to read the informatin contained within it, so as t ensure that the policy was appropriate. They advise that the policy document explains benefits, exclusions and limitations in plain language and that their was a 30 day cooling off period. They advise that they complied with ABI code of practice. Well, they didn't supply the copy contract document and they have ent me SAR form and reqweusted cheque for £10.00 and a copy of my passport. My original letter gave them permission to debit my A/C by £10.00 for the fee. Any ideas?