Ombudsman and Pensioner Mother

[colonelsun]

Hi everyone. A few years back my mother queried her PPI with Barclays and got the usual run around and then contacted the Ombudsman. Unfortunately a house fire, serious illness and multiple organ failure all contributed to her forgetting about the Ombudsman. By December last year she felt well enough to make contact with the Ombudsman again but a reply today from them is making her think only certain people have successful claims. The Ombudsman already knows about her health problems but now will only proceed if she supplies exact dates for her illnesses because they need a reason why they should submit any claim without exceptional circumstances why she delayed contacting the Ombudsman.

 

I cannot recall reading anywhere where people have been asked the same question especially when such facts have already been submitted, to the best of her memory. The house fire took care of most of the documentation lost but she supplied answers to the Ombudsman that were truthful. If it goes on like this she'll have been mis sold a PPI Policy but be one of the few complainants who failed because she has little memory of the dates she was ill. The delay WAS because of illness not because she deliberately wanted to slow down her claim.

 

Would it be worh contacting a professional claims company or does anyone think there is still a chance of success with her claim? I constantly support her on this matter, try to bolster her confidence but the same old support is starting to sound tired over-used.

[ims21]

Hi

 

How many years ago are we talking for this original claim?

 

Sine the Judicial Review, you can re-open the case yourself.

 

You could SAR the lender to get as much information as they hold in respect of the account and this would be a start in doing it yourself.

 

I would not recommend a CMC to do this....they charge an awful lot of money for doing something that you can easily do yourself.

 

ims

[wfspayback]

Hi everyone. A few years back my mother queried her PPI with Barclays and got the usual run around and then contacted the Ombudsman. Unfortunately a house fire, serious illness and multiple organ failure all contributed to her forgetting about the Ombudsman. By December last year she felt well enough to make contact with the Ombudsman again but a reply today from them is making her think only certain people have successful claims. The Ombudsman already knows about her health problems but now will only proceed if she supplies exact dates for her illnesses because they need a reason why they should submit any claim without exceptional circumstances why she delayed contacting the Ombudsman.

 

I cannot recall reading anywhere where people have been asked the same question especially when such facts have already been submitted, to the best of her memory. The house fire took care of most of the documentation lost but she supplied answers to the Ombudsman that were truthful. If it goes on like this she'll have been mis sold a PPI Policy but be one of the few complainants who failed because she has little memory of the dates she was ill. The delay WAS because of illness not because she deliberately wanted to slow down her claim.

 

Would it be worh contacting a professional claims company or does anyone think there is still a chance of success with her claim? I constantly support her on this matter, try to bolster her confidence but the same old support is starting to sound tired over-used.

 

This may explain their stance

 

http://fsahandbook.info/FSA/html/handbook/DISP/2/8

 

DISP 2.8.2 01/08/20111, 2The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service

1) more than six months after the date on which the respondent sent the complainant its final response or redress determination; or3

 

(2) more than: (a) six years after the event complained of; or (if later)

(b) three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint;

unless the complainant referred the complaint to the respondent or to the Ombudsman within that period and has a written acknowledgement or some other record of the complaint having been received;

unless

 

3) in the view of the Ombudsman, the failure to comply with the time limits in DISP 2.8.2 R or DISP 2.8.7 R4, 5 was as a result of exceptional circumstances; or

 

(4) the Ombudsman is required to do so by the Ombudsman Transitional Order; or

 

(5) the respondent has not objected , on the grounds that the time limits in DISP 2.8.2 R or DISP 2.8.7 R have been exceeded4, 5, to the Ombudsman considering the complaint.

 

 

 

 

Personally I would argue that your mother originally approached (if she did) the ombudsman service within the time periods specified above.

 

Under no circumstances would I recommend going to a claim management service. In most instances they will only try as already done ask the ombudsman to investigate.

Edited January 24, 2012 by wfspayback