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Hi all, I'm so glad I've found you!
Does anyone have any experience or can offer advice for this please?
In Feb '11 I was made an offer for a mis-sold PPI policy. I duly returned the customer acceptance form (edited to reflect the banks response over alleged loan arrears that never were) and waited for the refund to be paid into the current account I held with the same bank I had the loan with.
No refund was received but action was taken against me for an overdraft which would not exist had the PPI refund been paid into the overdrawn account as requested. I stated time and time again with each contact the bank made about the overdraft that the PPI refund was imminent (I stupidly had faith the bank would pay) and that this payment would be more than sufficient to cover the overdrawn amount. I also informed the bank that due to previous errors they had made, I was in a financial hardship situation but was willing to offer £1 a month until the PPI refund was paid. This offer was refused and action to recover the overdraft amount continued. Three Default Notices, four debt collection agencies, over a hundred calls and letters from the bank, a diagnosed stress related illness and still no refund.
An investigation by the Financial Ombudsman Service which found the bank to be at fault but did not take my other financial losses into consideration (bank charges incurred for going into unauthorised borrowing by less than the amount of the monthly PPI cost, so no PPI = no charges incurred) has now concluded but I am unable to accept the decision as I've been advised that the findings amount to Direct Discrimination under the 2010 Equality Act.
FOS's final decision also overlooked key evidence that I supplied and separate issues that I was advised by the adjudicator could not be considered as part of the PPI claim but still had a bearing on the complaint, i.e. the cause of the overdraft being the £1180.72 incorrectly debited from my account over a period of 12 months, discovered from statements supplied by bank as part of a SAR).
I informed the bank with each contact made that the account was in dispute in light of the unpaid PPI refund and requested that further action be halted until the dispute was settled. Internal emails I received from the bank as part of the SAR stated that it was against company policy to place an account on hold during a dispute, so action continued until late 2013 when all went quiet after I told FOS of the harassment I was subject to because of the unpaid PPI refund.
It is painfully obvious that I will probably have to try the small claims court to get the PPI refund at least, but is there anything else I should be claiming for?
And, as I stew over the Letter Before Action, am I required to cite all the ICOBS, BCOBS, SYSC's, CCA and DPA that have been breached?
I apologise if this is not the sort of post that should be posted but I am now so disillusioned and confused I have no idea where to go or what to do, especially in light of talk that the banks are looking to cap PPI refunds and claims after 2015.
Please help, am happy to consider all options at this stage! Thank you for reading
Does anyone have any experience or can offer advice for this please?
In Feb '11 I was made an offer for a mis-sold PPI policy. I duly returned the customer acceptance form (edited to reflect the banks response over alleged loan arrears that never were) and waited for the refund to be paid into the current account I held with the same bank I had the loan with.
No refund was received but action was taken against me for an overdraft which would not exist had the PPI refund been paid into the overdrawn account as requested. I stated time and time again with each contact the bank made about the overdraft that the PPI refund was imminent (I stupidly had faith the bank would pay) and that this payment would be more than sufficient to cover the overdrawn amount. I also informed the bank that due to previous errors they had made, I was in a financial hardship situation but was willing to offer £1 a month until the PPI refund was paid. This offer was refused and action to recover the overdraft amount continued. Three Default Notices, four debt collection agencies, over a hundred calls and letters from the bank, a diagnosed stress related illness and still no refund.
An investigation by the Financial Ombudsman Service which found the bank to be at fault but did not take my other financial losses into consideration (bank charges incurred for going into unauthorised borrowing by less than the amount of the monthly PPI cost, so no PPI = no charges incurred) has now concluded but I am unable to accept the decision as I've been advised that the findings amount to Direct Discrimination under the 2010 Equality Act.
FOS's final decision also overlooked key evidence that I supplied and separate issues that I was advised by the adjudicator could not be considered as part of the PPI claim but still had a bearing on the complaint, i.e. the cause of the overdraft being the £1180.72 incorrectly debited from my account over a period of 12 months, discovered from statements supplied by bank as part of a SAR).
I informed the bank with each contact made that the account was in dispute in light of the unpaid PPI refund and requested that further action be halted until the dispute was settled. Internal emails I received from the bank as part of the SAR stated that it was against company policy to place an account on hold during a dispute, so action continued until late 2013 when all went quiet after I told FOS of the harassment I was subject to because of the unpaid PPI refund.
It is painfully obvious that I will probably have to try the small claims court to get the PPI refund at least, but is there anything else I should be claiming for?
And, as I stew over the Letter Before Action, am I required to cite all the ICOBS, BCOBS, SYSC's, CCA and DPA that have been breached?
I apologise if this is not the sort of post that should be posted but I am now so disillusioned and confused I have no idea where to go or what to do, especially in light of talk that the banks are looking to cap PPI refunds and claims after 2015.
Please help, am happy to consider all options at this stage! Thank you for reading
