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  1. Hello CAG, As with millions of others, I have a ppi claim now with the FOS. The company concerned (MBNA) was supposed to send the business file across within a month of my paperwork being logged but of course hasn't - and I'm being quoted 12 to 18 months before my file is even looked at. No chasing will be done by the FOS till my file is picked uip by one of their staff (I'm in the queue but have no idea of where I am) and there is apparently no penalty for MBNA ignoring the deadline. This isn't the fault of the FOS who've recruited thousands of extra people to deal with this and are recruiting still more - but it's obvious that there's no incentive to sort this quickly while banks pay 8% on settled claims and lend out at 25%, as others have pointed out. So what I wondered was - is anyone starting/running a campaign to get this looked at in a different way, eg banks have to show why they shouldn't pay out within a fixed shorter time? Thanks for any thoughts/feedback.
  2. Hi All I am in the process of trying to claim back PPI paid on a HSBC card that we have had since 1998! we always thought that this was a condition of the card as we never took out PPI on anything due to either being self employed or we did have a spell running pubs as management couple but would of had to cover for each other or take on extra staff if we were ill so we know for a fact that we never took this out willingly. all this really only came to light last year as our card is paid automatically via direct debit each month but then we started getting calls from HSBC asking for additional payments. I told them that I could not understand how the account was going over the limit as they take the min payment each month and so this shouldn't happen. It was then that they explained that an insurance policy was being debited each month as an expense and it was this that was causing the account to go over each month! I then realised that it was in fact PPI that was being taken from the account and explained this to them and the fact that we would never of taken out PPI at all due to the reasons mentioned before. Then I heard all this stuff on the radio and so made the big mistake of contacting the company xxxxxxxxx who started to to reclaim it for me. After a few months they had a response from HSBC and said that my only other action was to go to the FOS. I told them to leave it and that I didn't want them to go any further. Now I have copied the letter that HSBC sent them below and I really don;t think they have a good enough reason for turning down the claim as they just say that we should of cancelled etc and also they don;t even have the original agreement to prove that we signed for it!!!!! I also wrote to HSBC on 27th Feb 2013 and a copy is below but they have not replied to my letter at all. Yesterday I filled in the FOS PPi complaints form and that has gone off to the FOS and I have also sent a SAR request to HSBC today so that I have all the figures charged etc since 1998. I think I have done everything I need to do and now assume I have to just wait for the FOS to get in touch? When I do some rough calculations with advice from other posts in regard to interest to claim etc this cold be a very large claim if I win it and I'm hoping it will then allow me to clear of numerous debts that I am struggling with at the money so me and my hubby can start again. If anyone can advise or are in a similar situation would love some encouragment as feel like I'm stepping into the unknown here. Thx
  3. please be gentle as this is my 1st post,sorry to trouble you,did'nt really know where to post my enquiry for the best response I have had a ppi claim which has been with the fos now for 20 months, they have upheld my complaint & have now contacted the broker whom sold me the ppi policy. 7 years ago i remortgaged to find a better deal, the mortgage was for £130,000 over 19 years , it was a low start mortgage initial interest was 2.99% for two years, jumping to 5.75 for the duration, included in the advance even though it was not explained or asked for was a single ppi premium for mortgage protection of £4500 which covered me for 5 years, i have never claimed. what i think is grossly unfair is the fact that i will have to pay interest on the £4500 ppi payment for 19 years, if the company agree to repay my ppi what should i expect to receive as a fair offer? fos say that i should be in the position i was before the policy was sold. thanking you in advance for taking the time & trouble to read this.
  4. HI Caggers! I need your help with this! November last year, I had received my initial FOS assessment in my favour about PPI complaint registered against Barclays. On 18th of February 2013, I received another letter from FOS informing me that Barclays contested the decision for the reasons below: please find letter sent by Barclays to FOS. i never had anyone either on phone or face to face who explained to me anything about the PPI policy. it came through the post & i signed it off to them. Dear Sirs We refer to your assessment in relation to Mr xxxx complaint concerning the sale of payment protection insurance (PPI). Please accept our apologies for the the length of time it has taken to respond to your letter. My understand of your assessment is that you believe the complaint should be upheld because you feel that reviewing the Payment Protection Insurance (PPI) policy element of their Barclaycard is not clear from the evidence available that the policy was optional. We have reviewed the complaint relating to the purchase of their PPI policy and have identified that their application form was completed over the telephone with one of our advisors. We believe that our evidence suggest that the optional nature of the policy was made clear to the customer. We have set out below our reason for this, using both our generic evidence and where applicable customer specific evidence. Sales Process Evidence We note that the Payment Protection Insurance was sold 2003 over the telephone. Attached is a copy of our telephone sales script and attach this in appendix 1. We note the following from this script which indicates the optional nature of the policy: · The customer was required to give positive or negative response when asked if they would like to take out PPL policy; · Following positive selection, we in addition make the customer aware of their right to cancel within the first 30 days without obligation; · Even following a positive response the customer is requested to reconfirm their decision;4 · We also note that at no point customer is informed that the policy is obligatory in order to take a Barclaycard. Following positive selection for PPL, a pre-populated Application Form will be sent to the customer following the conversation. We attach in Appendix 2, 3 copies of Application Forms use during this period. We will have sent our original submission a copy of the application form if we hold on file, howeverdue to age of sale, we may not retain copies. The Application Forms are per-populated for convince the customer’s decision. Sections required, then there was further opportunity for it to declined at this stage. In this instance, acceptance was confirmed by signing and returning this documentation to Barclays. The customer would then the application form to the insurer’s, who would review it and if the application was accepted would forward a certificate of insurance to the customer. The certificate of insurance confirms the full terms and conditions of the cover, including all exclusions and highlighting the right to cancel cover within the first 30 days without obligations. As a result of the sales script used, the process following the initial sales call, and the fact that the customer’s recollection of the complaint does not indicate his script was not used, we believe this is sufficient evidence to demonstrate the optionality of cover. Customer Specific Evidence in addition, we note from our investigation, that the customer has not provided any evidence or any testimony that indicates the customer was unaware optionality of the policy. Conclusion In summary, given the above, we do not agree with your assessment of this complaint and would ask that the point raised is considered. We await response In due course. Thank you in advance for helping me with this
  5. http://uk.news.yahoo.com/uk-watchdog-sees-leap-insurance-mis-selling-cases-000836875--sector.html
  6. After 1yr 1/2 we finally had a result from FOS regarding complaint to them over FLM ( now known as AMIGO ) . The FOS upheld the compl:amen:aint of harrassment etc. & awarded £75 to us finding FLM ( Amigo ) GUILTY !!!!!
  7. Any ideas whether I can do anything? The policy docs could not be found and both Santander and the FOS said that it's irrelvant because the policy would have paid out depsite my Father being a Police Officer at the time with long term sickness and other employemtn benefits and higly unlikely risk of being made redundant
  8. MBNA sold debts that belonged to both me and my husband. Idem bought mine, Moorcroft bought my husbands. I emailed Idem regarding reduced payments that I would make, and eventually they responded agreeing to my reduced amount. However, Moorcroft ignore emails (sent day after day) and they will not reply despite my husband requesting that they not call, but put in writing instead. They call anyway, and to whomever called, I asked them not to call, but to respond to my husband's emails - however, the chap then called my husband's mobile immediately! I got a statement from Idem, and in exactly the same marked envelope (same return address, same statement format) my husband had one from Moorcroft. Does anyone know if this is the same company??? It's really cheesing me off that Moorcroft ignore all the emails. Also, they're sneaky so-and-so's: they are based hundreds of miles away from us, and yet they call the landline using a local number that they must buy to use, to look like they're someone local calling us - idiots! It doesn't take long for me to recognise the number and ignore it. But, they're making me so mad!!! I think I'm wasting my time re-sending the same emails but at least it proves the point that they're ignoring us, dispite contacting them on a daily basis!
  9. A few months back, a default was placed on my Welcome finance account after 5 and half years of non payment as the account was in dispute. I phoned Welcome finance asking them to remove the default and renegotiate repayments. Welcome finance agreed to a payment of £100.000 per month via IND. Welcome finance declined my PPI claim on the grounds that I took the PPI via broker therefore I can only claim via the broker.My questions are?Can a default be placed on an account after such a long time of non payment? Justice delayed is no justice.Is there a way to compel Welcome Finance to deduct the PPI amount from the balance?Can I get Welcome finance to remove the charges on the account.Your help will be appriciated as I have already received a final response from Welcome finance and I was hoping to take the issue to FOS.Please help.
  10. MBNA turned down my PPI claim in the summer of 2012. After many months of waiting F.O.S have upheld my case. Thanks to this excellent forum i now have a SAR which give me details of every single transaction going back 11 years (when i took the card out) I am now awaiting MBNA's reponse!
  11. Good evening all On 29 October 2012, I wrote to Capital One in relation in a PPI which was mis-sold to me. I enclosed the completed FOS questionnaire. In this time, I have received one piece of correspondence from Capital One dated the 3 Nov 2012 saying that it was being investigated. In my letter of 29 Oct 2012, I explained that if this matter had not been settled within 8 weeks of this letter then I would be contacting the FOS. This stage has now been reached. Could I please have advice on what I should put in the covering letter to the FOS? Thanks in advance.
  12. Hi, I currently have an ongoing complaint against MBNA with the Financial Ombudsman Service. It is awaiting a decision from an Ombudsman and has been for a number of months. I have had no contact from MBNA since the complaint was made. The complaint is regarding harassment from MBNA and them ignoring offers of payment on a credit card debt. Today I received a letter from Arrow Global telling me they had taken over the account and would be instructing Wescot to collect the amount from me. A letter from MBNA was also enclosed, which stated that they have terminated my agreement and have decided to sell the account to Arrow. I was wondering, can they do this whilst a complaint is ongoing? And if they can, any advice as to what I should do. Thank you.
  13. Hi all - I've successfully claimed from MBNA for missold PPI - incredibly easy so I thought I'd have a go at Barclaycard. I submitted SAR and got 6 years of statements showing my PPI active from 2006 - 2007 when I cancelled it (I realised it was a pointless expense). However I noted PPI has been on the account since 1989. Now initially BC turned down the complaint so I went to the FOS and strangely they've caved in as soon as the FOS process was started. I've received a letter from the FOS telling me I will receive an offer by the 4/1/13 however I'm not sure what a fair offer would be - ie will it only be for the year I can show PPI payments or should it include the payments back to 1989? As I can't prove how much I paid can I be paid an amount based on a average yearly balance etc and do barclays keep records like that? Thanks all
  14. I'm not gonna ask "how long until I get a decision?" because that's unfair and no one here will know. What I wouldn't mind knowing is if anyone has currently got an outstanding complaint, how long it's been ongoing and what stage it's at? Mine is approaching 15 months since I complained to the FOS and is still awaiting allocation to an adjudicator...
  15. Couldn't really think of an appropriate title, but, I'm after some more advice from you fine people. Basically, I'm about to make a complaint about a PDL to the FOS. The complaint will involve 2 accounts so I was wondering if it would be acceptable to make one complaint per account or should it just be one,covering the 2 accounts? Thanks - Lee.
  16. Hi all, If the Fos deem they will not take interest in a dispute because it predates the credit consumer act what options do I have? Is it simply that I must appoint a solicitor? It's quite bizarre because the actual loan was pre credit consumer act; but the actual 'dispute' is after that date i.e. there is no issue with anything previous to that. Equally its debatable if the 'loan' exists in it's current form.. .. i.e. as confirmed by a few solicitors it's a rather grey area... Any help appreciated Cheers
  17. I have recently received a reply from FOS regarding my PPI complaint. They have turned down my appeal for miss selling against a large building society. The claim goes back to 1991 when we originally took out the mortgage and all the add on`s that the building society strongly recommended at the time. I stated that at no time were we offered the option to purchase these products elsewhere should we wish to do so. The FOS mention in their reply that the building society sold these products on an advice basis only and that the building society were under no obligation to make us aware we could have purchased alternative policies elsewhere!..................Is this correct? Many thanks in advance for all replies
  18. after nearly 2 years of reclaiming my PPI from GE Money, they referred me to Pinnacle. Guess what Pinnacle, claim it is with GE Money. GE Money say no and that is their final decision. To go ask the FLA. Obviously, I did not wait for that, I thought I would be smart and ask the FOS for help. at the same time, they asked Pinnacle, and 9 months later, they say, they need to wait on Pinnacle´s decisions. Because, the Insurance advisor is not in their jurisdiction. Any advise, gladly welcomed. Tired and fed up!
  19. Sorry for a rather rambling post This is regarding a claim which I began in July 2011 - sent to the FOS in Oct last year. I received a phone call from FOS in Sept stating that (or so I thought ) my claim had been upheld and that they had written to the company concerned. When I received the letter it would appear that it was actually the assesor's recommendation was that the claim should be upheld. It stated that they had written to the company and had given them around 10 working days to either agree to settle my complaint as the FOS suggested, make me an offer or write to the FOS with further information. After about three weeks I rang the FOS as I had not heard anything and I was told they had not heard anything and they usually gave the companies a bit of leeway for replies as they were inundated with claims. I rang again after a couple of weeks and again they had not heard anything but had written again to the company asking them to reply soon - by this time I was getting a bit stressed about this. I left it another couple of days and rang again - still nothing but this time the call operator told me to contact the company direct and even googled the phone number for me ! So I did, obviously I assumed what the FOS told me was correct.......the company did not know anything about the Sept letter and said that they had not agreed with any assessment...............obviously I know realised I should not have rung them ! I rang the FOS back - very unhappy. They said to leave a few more days and ring again and that the previous operator should not have told me to ring the company. So I did and yet again I seemed to get someone who did not seem to be very "on the ball" about things and kept saying that they were still waiting to hear and that they would ring the company whoch they did and rang me back to say that they had left a message. I rang again a few days later to see if they had heard and yet again they hadn't. I KEPT ASKING HOW LONG DO YOU GIVE THE COMPANY's concerned but no-one seemed to know or be willing to tell me. I made one final phone call last week and finally got someone who after looking at the case and I think they also spoke to someone else said that they would pass it to an Ombudsman athe company had not replied I knew it would take a while but again no timescales............ I received the letter saying it had been sent to the ombudsman saying that if I wished to give them more info then I had till the 25/11 to do so.................it also said that the Ombudsman could arrive at a different decision than the initial assessment. I have three questions - I know that no-one can give me preceise answers but I am just asking those of you who have more experience in this field. 1. Do I write, fax or email them saying that I have no further info and can I request that it is passed to the Ombudsmam forthwith - or are we waiting for the Company again ! and what form of post is best. 2. How long can it take from this stage; I know that everything is different but I naively thought that as soon as I got to the phone call I received it was sorted. 3. How often are the Ombudsman decisions different to the initial assessments ? Sorry don;t really want to name the company on the public forum ! Thank you for reading
  20. Hi, New to this so apologies if this should be posted elsewhere. To set the scene - got a Barclaycard in 1992 and had PPI on the advice of the person in my local branch. Tuens out I could never have claimed so cancelled it in 2002. Still have the credit card so tried to claim back. SAR didn't go back far enough but CCA proved I had it. Barclaycard rejected my claim so I went to FOS. They investigated and found in my favour (hooray!) - they wrote and told me Barclaycard would put me back in the position I would have been in if I hadn't taken out the PPI. Question is - if there are no records how will amounts be worked out by Barclaycard to put me back where I would have been? Has anyone had a similar experience?
  21. I received a CCJ for £400 from Bryan Carter in January 2008 that I have almost paid in full now. The actual debt was £8,000 and reading through these forums, I am already anticipating the 2nd CCJ for the same debt. I've read a lot about how this is against the county court rules - is there a definitive wording to put when you contact the courts to make sure it gets set aside? It seems like so many people have this issue, it may be good to get a template together for it. Also, if this hypothetical CCJ is set aside after they try to chase me for £7,600 - what is the status of the debt then? 1. Can they still chase me privately? 2. How does this debt go on my credit file? (will it be a new debt entry for £7,600 with no default date - or will it go back on the original account, which defaulted in January 2007?) Any help / advice appreciaed, thank you!
  22. Its been a while since I posted so heres the outcome. The fos have received an offer from Minicredit to settle the debt. Basically it is the original loan+interest+the 2 default fees less what i have already paid. The fos adjudicator basically said that in his view the second default charge was fair enough as I didn't contact them until after that date.In his view their offer was fair and correct. I am going to accept the offer as Minicredit said they would be willing to negotiate a payment plan if I wanted one. Also the Ombudsman could still find in there favour and I really don't want to take that chance! KEEP AT IT PEOPLE! You can EVENTUALLY make them listen!
  23. Hi, Sorry to start a new thread but can't find any of my old ones! So, following on from my previous post which was something along these lines: I sent Egg my FOS Questionnaire and SOC and they responded very quickly with a "NO". I had some fab advice here and DX wrote me a template which I sent telling them to prove the box wasn't pre-ticked and that I could have continued if I'd un-ticked, respectfully refer them to the news article of them being fined blah blah. well the 8 weeks is up and still no reply to my "prove it" letter so shall I send a LBA or go straight to FOS?? It's only £300 so was hoping they'd cough up rather than me take to FOS. Citi paid me out and the PPI was same time and same reasons given. Citi and Egg are SAME COMPANY! even the addresses that I write to are exactly the same and the same person always signs for my recorded letters. Is there a template to send or is FOS my best course of action?? Thanks in advance
  24. I have a historic debt with Welcome Finance which, after a prolonged period of time, has gotten back in touch with me. Having read a few posts on this site, I think there may be a few options I can look into with regard to possibly reducing the balance on this debt. There is quite a long story here, so let me explain as best I can.... 18 Aug 2001: Purchased 2nd hand car from Direct Car Finance. Finance provided by Welcome Finance. No PPI. Shortfall Insurance also taken out for full loan term. Breakdown and recovery insurances also taken out, not for full term. Loan repaid erratically. ?? May 2002: Car stolen and not recovered, motor insurance paid out for a total loss. Shortfall insurance also paid out. Both lots of money went to Welcome against loan balance. Loan continued to be repaid erratically. April 2003: I signed a new loan agreement to enable the balance to be used to pay off the car loan, which now had no security as the vehicle was stolen and I was left with an unsecured loan to pay off. I have in my possession a full list of transactions on my account from inception to this date. Jul 2005: After once again falling behind with my payments, I signed another new loan agreement. If i recall correctly this was to allow me to reduce my payments by taking the balance over a longer term. May 06: Last payment to Welcome I have a record of. Jan 2007: Moved house, lost contact with Welcome, heard nothing from them until March 2010 when a letter from Willen arrived. I have my copies of the Aug 01 and Jul 05 agreements. I also have a large number of cash receipts from payments I have made, probably most but definitely not all of them. I have the vast majority of correspondence from them. I have read reports of some people having success in defeating Welcome due to incorrect clauses in the Credit Agreements. The two agreements I have clearly state that PPI is not a part of the agreement, and I think it is extremely unlikely I have it on the 3rd agreement. It is over 6 years since my last payment to Welcome, if my final receipt is indeed the final one. My frustrations are two-fold. Firstly, despite a large total amount of money being paid to Welcome by me, and additional payments from the motor insurer and the shortfall insurance company, I still owe over £2000. Secondly, Welcome were a rude and scary company to deal with, to the extent that I had cause to place a written complaint with witnesses to them regarding a DPA breach in 2004. To be totally honest, I am sick of this having been a millstone around my neck for over a decade now and am looking for any way I can to reduce / clear the balance, perhaps with reference to the original agreements, charges applied, statute of limitations, etc. The end-game I am looking for is where this shows as fully settled and satisfied on my credit file, and I am prepared to negotiate some sort of settlement to achieve this if I have to, but would like to explore all the options. I have scanned and uploaded copies of my loan docs, but unfortunately cant attach the link due to a low post count. Thanks in advance for any help anyone can offer. I am just a bit confused as to what my options might be....
  25. The FOS report that they are currently receiving 1500 PPI related complaints every day. In the August issue of their news they give some examples of cases they have upheld,and also those rejected.Worth a read. http://financialombudsmanservice.newsweaver.co.uk/Newsletter/1nqfti6z0ss1ejplibozya?rss=true
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