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do I go into detail here?
Basically Im after advice about whether I'd be silly to go out court or not over ppi that the ombudsmans service have rejected. (despite all our other ppi claims for same person having been upheld)
Do I need to have worked out the exact amount that is owed?? I hvaen' sard them yet but it goes back to 2002 so imagine they've chucked most of it out now.
And could i end up if lose the case having to pay their court costs and expenses as we coulnd't afford this probably and I should just drop it in this case.
I suppose I'm after some serious advice about court as I have no legal knowledge and am happy to pay £120 to try and claim his PPI back BUT I don't want to end up bankrupt because of it and am worried if lose they COULD even in a tiny chance make us pay back thousands in costs.
Thanks in advance for anyone reading this anf for ANY support or advice. You feel very alone in all this and I do feel a bit 'greedy/mean' chasing this BUT I also am pretty sure we have a case and if we do then I feel VERY WRONGED by how we've been treated mostly be the bank but also the FOS and made to feel so 'grabbing and thick' about itall.
Brief ish history of a too long saga about ppi
Husband always been self employed. Had PPI on everything and is pretty sure he was sold most of it by an advisor in the bank. We tried to reclaim in 2007/8 but were niaive about it, halifax sent us a letter saying he was eligible as was paying NI etc and we left it thiking we were wrong and that all this stuff about if you were self employed you were missold was wrong.
Then new media coverage started happening and we realised we may have been missold.
Successfully and simply claimed from morgan stanley/ barclays/ Capital one with no problems or delays.
Halifax wouldnt listen as we'd already claimed and not gone to FOS. FOS wouldn't deal with us either as we'd gone past 6 mnth deadline. We argued this and in 2012 they reopened the case (subsequently we realised they only reopened the credit cards and mortgage and NOT the loan for some unfathmoable reason!
But credit cards we ended up with letters saying you had been missold and you were not missold dated similarly from diff. depts of halifax.
We hada letter at one point with a cheque saying this is the interest owed on the cc ppi as they'd given us a wrong cheque before (and we'd never had a cheque!!! and had only had letters saying we hadn't been missold at that point!) Upshot of this was they gave us a cheque for about £700 and we think that clears up the ppi on the cards (although have no idea how they came to the figure!) Also shows their total ineptness.
The mortgage ppi has been going back and forth for a long time. THe fos have finally sent to an actual ombudsman who said it hadn't been missold. We rejected this. It states some innacuracies in it about my husband and states also that thebank says that he bought this ppi off his own back postally???? and that the bank never advised on it.
I've since found a document that has a computer ticked box saying 'we will advise and make a recommendation for you after we have assessed your needs for repayents insurance. blah blah.
Althoguht husband cannot remember the details of everything back from 2002-5 he is pretty sure he saw one advisor from the branch for all his financial stuff. I cannot see him ever off his own back going and gettinga policy as he's not the best at financial stuff and also when I read the policy cover I cannot see how ever it would have been valid for him as it seems he would have had to wind down his business if not employed after 30 days!!! I just don't understand fundamentally how they are arguing that it has not been missold but obviously after being rejected by the FOS I'm starting to worry that the bank IS right.
What I don't understand is that they have upheld the credit cards ie said that they have been missold. Every other ppi policy he has had with other banks they've upheld it straight away but why should the mortgage be any different??(other than obviously it's a larger amount of money we are chasing!) Also they have never talked once about the loan - we haven't chased that up at all after thinking the FOS were but then realising they hadn't even looked into after spending years waiting for responses from them.
Basically thf FOS never seemed to fully understand the inst and outs of the case and did mess us around - i started a complaint about them in the end and at that point things started moving BUT Even the ombudsmans decision some of the things he's written or assumed about my husband I just don't know how he can get to these views given my letters and our recollections etc that they have in front of them. I think we have been tarred with a 'gravy train' brush and yet in my husbands case he would always have just done what he thought was right as he has no idea about finance etc but tries to be responsible and TRUSTED them to make decisions for him on financial matters. THey've put this down as 'we can see that it was not explained clearly and accessibly and yet cannot be certain that mr b would not have done or made the same choice if it had all been explained clearly etc!!!)
Anyway - we're pretty convinced we have a case and I'm certainly happy to lose £120 on MCOL over it BUT I'm petrified of it becoming a big battle and us ending up having to pay the banks thousands in court costs etc THis I couldn't do!!!!
Many thanks ps have docs could upload etc if need be to help.
Basically Im after advice about whether I'd be silly to go out court or not over ppi that the ombudsmans service have rejected. (despite all our other ppi claims for same person having been upheld)
Do I need to have worked out the exact amount that is owed?? I hvaen' sard them yet but it goes back to 2002 so imagine they've chucked most of it out now.
And could i end up if lose the case having to pay their court costs and expenses as we coulnd't afford this probably and I should just drop it in this case.
I suppose I'm after some serious advice about court as I have no legal knowledge and am happy to pay £120 to try and claim his PPI back BUT I don't want to end up bankrupt because of it and am worried if lose they COULD even in a tiny chance make us pay back thousands in costs.
Thanks in advance for anyone reading this anf for ANY support or advice. You feel very alone in all this and I do feel a bit 'greedy/mean' chasing this BUT I also am pretty sure we have a case and if we do then I feel VERY WRONGED by how we've been treated mostly be the bank but also the FOS and made to feel so 'grabbing and thick' about itall.
Brief ish history of a too long saga about ppi
Husband always been self employed. Had PPI on everything and is pretty sure he was sold most of it by an advisor in the bank. We tried to reclaim in 2007/8 but were niaive about it, halifax sent us a letter saying he was eligible as was paying NI etc and we left it thiking we were wrong and that all this stuff about if you were self employed you were missold was wrong.
Then new media coverage started happening and we realised we may have been missold.
Successfully and simply claimed from morgan stanley/ barclays/ Capital one with no problems or delays.
Halifax wouldnt listen as we'd already claimed and not gone to FOS. FOS wouldn't deal with us either as we'd gone past 6 mnth deadline. We argued this and in 2012 they reopened the case (subsequently we realised they only reopened the credit cards and mortgage and NOT the loan for some unfathmoable reason!
But credit cards we ended up with letters saying you had been missold and you were not missold dated similarly from diff. depts of halifax.
We hada letter at one point with a cheque saying this is the interest owed on the cc ppi as they'd given us a wrong cheque before (and we'd never had a cheque!!! and had only had letters saying we hadn't been missold at that point!) Upshot of this was they gave us a cheque for about £700 and we think that clears up the ppi on the cards (although have no idea how they came to the figure!) Also shows their total ineptness.
The mortgage ppi has been going back and forth for a long time. THe fos have finally sent to an actual ombudsman who said it hadn't been missold. We rejected this. It states some innacuracies in it about my husband and states also that thebank says that he bought this ppi off his own back postally???? and that the bank never advised on it.
I've since found a document that has a computer ticked box saying 'we will advise and make a recommendation for you after we have assessed your needs for repayents insurance. blah blah.
Althoguht husband cannot remember the details of everything back from 2002-5 he is pretty sure he saw one advisor from the branch for all his financial stuff. I cannot see him ever off his own back going and gettinga policy as he's not the best at financial stuff and also when I read the policy cover I cannot see how ever it would have been valid for him as it seems he would have had to wind down his business if not employed after 30 days!!! I just don't understand fundamentally how they are arguing that it has not been missold but obviously after being rejected by the FOS I'm starting to worry that the bank IS right.
What I don't understand is that they have upheld the credit cards ie said that they have been missold. Every other ppi policy he has had with other banks they've upheld it straight away but why should the mortgage be any different??(other than obviously it's a larger amount of money we are chasing!) Also they have never talked once about the loan - we haven't chased that up at all after thinking the FOS were but then realising they hadn't even looked into after spending years waiting for responses from them.
Basically thf FOS never seemed to fully understand the inst and outs of the case and did mess us around - i started a complaint about them in the end and at that point things started moving BUT Even the ombudsmans decision some of the things he's written or assumed about my husband I just don't know how he can get to these views given my letters and our recollections etc that they have in front of them. I think we have been tarred with a 'gravy train' brush and yet in my husbands case he would always have just done what he thought was right as he has no idea about finance etc but tries to be responsible and TRUSTED them to make decisions for him on financial matters. THey've put this down as 'we can see that it was not explained clearly and accessibly and yet cannot be certain that mr b would not have done or made the same choice if it had all been explained clearly etc!!!)
Anyway - we're pretty convinced we have a case and I'm certainly happy to lose £120 on MCOL over it BUT I'm petrified of it becoming a big battle and us ending up having to pay the banks thousands in court costs etc THis I couldn't do!!!!
Many thanks ps have docs could upload etc if need be to help.
