FOS & Time Limits?

[loulou32]

Wonder if anyone can help, apologies in advance as this goes on a bit. I'm helping a relative attempt to reclaim an extortionate amount of PPI payments taken for 4 years. When the account was initally opened the PPI was added without being requested, and my relative asked several times for it to be removed.

 

Dec 08 they wrote a letter asking for it to stop, it didn't. Emailed and wrote several times in 2009, then I got involved in July and sent the official PPI complaint template letter. Had a response in Sept 09, basic rejection letter. Sent another letter in Oct 09 telling them we didn't accept their response and asking for all paperwork on account, which was received in Nov 09. Sent them another letter in Nov 09 pointing out their clerical errors and asking them to sort it, no response ever received. Complaint to FOS went in April 10 (delay due to illness and family issues). FOS said they were dealing with it from then. Nothing heard from FOS for several months, calls to chase always met with "you're in the queue" response. In Oct 10, FOS write to relative saying they can't look at the complaint in full because it was submitted after the 6 months from the Banks 'final response' which was allegedly sent in Sept 09. Not impressed!

 

I'm not sure how the bank can ignore any correspondence after Sept 09, particularly when the information they sent back proved they'd made an error?

 

Secondly, the complaint was received by FOS on 07/04/10 and they responded on 29/10/10 - which is over the 6 months the Financial Institution have themselves to respond - how can they apply one rule to my relative regarding time limits, and another completely to the financial institution (who remain nameless buy rhyme with *cough*west).

 

Thirdly the finacial institution have offered to refund the PPI payments taken after Dec 08, as they put in acknowledged my relatives earlier letter in Sept 09 asking for it to stop, as a 'goodwill gesture'. The FOS will investigate this part of the complaint, but nothing else?

 

Is this right? Can anyone help?!

[pop_gun]

OP, obviously it's not right. when you get the PPI repayments make sure they pay the interest on the monies returned.

if you haven't already written to the fos about the time discrepenancy and depending on their response i would get a court judgement

against them.

 

p.s. i don't know whether you can take the fos to court for negligence (hopefully someone can set me straight), but surely it's worth

trying.

[dirkuberpower]

I think you have things muddled up. The 6 month rule you mentioned doesnt apply to financial institutions, it applies to you!

 

This is how it goes.

 

You complain, firm has 8 weeks to issue response.

Firm issues final response, if you want to take it to FOS, you have 6 months (Check your letter). If you raise no new issues they do not have to respond (as you probably argued the same point, there is nothing for them to say as they have already issued a final response to you)

 

But, FOS received your complaint in April 2010, which was 7 months after, so you missed the boat as you complained too late.

 

FOS are swamped which is why they took a while to respond, but this is irrelevent in this case. FOS are not at fault.

[pop_gun]

OP, take the matter to court. The fos are useless anyway and would've sided with the bank. i know this from

personal experience.

 

good luck

[dirkuberpower]

OP, take the matter to court. The fos are useless anyway and would've sided with the bank. i know this from

personal experience.

 

good luck

 

Actually fos uphold a majority of ppi complaints. Perhaps your complaint wasn't very strong.

 

You can't take fos to court as they are a FREE indepedant arbitrator which you approached to them to look at a complaint. You would need to take the bank/firm to court.

[pop_gun]

Actually fos uphold a majority of ppi complaints. Perhaps your complaint wasn't very strong.

 

You can't take fos to court as they are a FREE indepedant arbitrator which you approached to them to look at a complaint. You would need to take the bank/firm to court.

 

the FoS is useless and anyone who defends them, is equally so.

[Sommer42]

I have to say that I have received a prompt and efficient response to my complaint from the FOS.

 

That being said. I shall await the outcome but as far as I am concerned I have acted within all the time limits and am awaiting until 8th February for the 8 weeks to be up and hope for a response from the company I am complaining about!

[dirkuberpower]

the FoS is useless and anyone who defends them, is equally so.

 

you have nothing to back that up

[pop_gun]

you have nothing to back that up

 

my own experience and this http://www.financial-ombudsman-problems.co.uk/index.htm

 

it's truly amazing the lengths you go to, to defend the FOS.