PPI and Court

[nelliewops]

Re: PPI and Court

You need another 23 posts

PF

Ahhhhhhhh................so that's what it is, lol :tung:

[pompeyfaith]

Re: PPI and Court

You need another 23 posts

PF

[pompeyfaith]

Re: PPI and Court

No not surprised at all, I knew it was a fob off letter as the reply was so quick certainly not enough time to investigate the issues I raised.

PF
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Aside Nellie why are you still a Jack Russell come on I've got to a scottie lol

PF

[nelliewops]

Re: PPI and Court

Are you surprised though PF?

I s'pose you've got to give them a bit of leeway 'cos of the bank holiday - but nonetheless the way they have messed you around, you can't let them get away with it

Nellie x

[pompeyfaith]

Re: PPI and Court

Well following the letter above in which the service review manager said that the adjudicator would be in touch with me within the next few days, It is now the 30th August and I've not head a thing since that letter.

PF

[pompeyfaith]

Re: PPI and Court

Just a link to my PPI thread from OTR so I can find it easily

http://www.consumeractiongroup.co.uk...th-v-Co-op-PPI

[Bill-K]

Re: PPI and Court

FWIW, I agree that it seems ludicrous to be expected to sign an acceptance form without full details of what is being accepted. I have come across several claims where the PPI mis-seller has insisted that the the settlement is in line with FOS guidelines. These have often turned out to be in line with only SOME of the guidelines, and whilst the overall principles have been applied, there have been errors. Getting a proper explanation of how the settlement is calculated has been difficult, in that they usually just provide summary totals, and NOT explain how those totals were calculated. The cumulative account interest is often mis-calculated, and the 8% SI often omitted.

In the same way that the FOS have tried to simplify the PPI reclaim process with their questionnaire, I guess they have tried to do the same with this 'quasi-acceptance' form.

There is, as far as I am aware, NO obligation on the claimant to sign the acceptance form provided. Sure - we want our money back ASAP - but I have usually recommended that peeps acknowledge receipt of the form, but instead of returning it signed, send an acceptance letter. This should make it clear that the acceptance is conditional upon the final settlement figure being agreed to by the claimant AND that the claimant is provided with the (FOS-stipulated) clear explanation as to how the settlement is calculated IN ORDER TO PROPERLY EVALUATE the settlement offer. This seems a more than reasonable response in comparison to a 'blind' form, and so far seems to have been accepted.

[pompeyfaith]

Re: PPI and Court

Greetings All,

Right following on from the letter I sent above on the 9th August this is there reply as it can see they have not answered any of the questions I asked and instead glossed over it stating that they relate to the Co-op complaint.

It has nothing to do with the Co-op as it related to to here incompetence.

Seems they will not answer why they do not enclose an offer with there acceptance forms so now I will take this up with my MP.

Anyone know who is the consumer minister at central government as I will ask my MP to forward a copy to him.





Regards

PF

[pompeyfaith]

Re: PPI and Court

Right, letter posted will update you once I hear back.

Thanks for the help with this.

PF

[pompeyfaith]

Re: PPI and Court

Thank you that is what i was getting at it should be settled from the date of the co-ops first offer ill get that in the post in the morning

[Celestine]

Re: PPI and Court

I would insert the following paragraph:

I dispute being forced to pay arrears on a loan that would have been settled in full had the bank not delayed in settling this PPI claim at the time the complaint was lodged. Had I been pursuing this complaint through the Court system, I would have received 8% interest from the date that the complaint was filed. Instead, I am being penalised for the extended time period this complaint has spent being investigated by the FOS.

xx

[pompeyfaith]

Re: PPI and Court

Celestine

Thank you that reads so much better should i omit the bits in yellow just im trying to work out why i should be paying interest to date on a loan that would have been paid off in october 2008 had they made the just and fair offer
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specially as they have now agreed to redress on that first policy

[Celestine]

Re: PPI and Court

Service Review Team
Financial Ombudsman Service
South Quay Plaza
183 Marsh Wall
London 6th August 2010
E14 9SR

Formal Complaint with complaint No

Dear Sir/Madam,

I wish to lodge this formal complaint with you, I believe the reasons set out below are clear and I expect this complaint to be fully investigated.

My case was referred to you in December 2008 after the Co-op Bank failed to settle the original complaint in July 2008.

The complaint centred around their offer of redress on only 8 PPI policies out of 9 actually taken out.

Their reason for not offering redress on the first policy from March 1999 was because they stated they had no proof that payments were made to this loan and policy. This is hard to believe as there existed a long-standing current account with the same bank, the direct debit for the loan and PPI was paid from that account every month without fail.

Furthermore, I do not believe the bank would have been prepared to offer me 8 further loans if I had defaulted on the first one.

UNCLEAR FINAL OFFER:
After complaining to the FOS in December 2008, I was told that the bank will now offer redress on this first PPI policy.

At no point was I told how much the redress would be for on this or the other 8 policies, but I was required to accept the offer, whatever that may be, by signing an acceptance form.

Please explain how I can sign to accept an offer when I do not know what that final offer will be?


ARREARS:
You stated in your letter dated xxxxx that any offer will be less any arrears on the current outstanding loan.

Please explain to me why this is required when it is quite clear that the bank has allowed this complaint to persist for so long. Had they offered the right redress first time around I would have accepted it and in turn not allowed the arrears to get so high.

Furthermore I fail to see why I should be paying this current loan to the bank as there is a clear and valid dispute. (not at all sure on this section)

DEFAULT NOTICES AND HARASSMENT:
The bank has constantly harassed me via phone and letter. They have sent me three non-compliant Default Notices where I have been given no time given for service, so by the time they reached me I did not have 14 days to comply.

This has caused serious damage to my credit rating and I should not have been defaulted whilst the debt was in dispute.

DEBT COLLECTION AGENCIES:
Whilst these accounts have been in dispute and referred to you, the bank has terminated both the current account and loan account and passed them to debt collectors. This is against OFT guidelines, furthermore they have been unlawfully rescinded due to the Defaults Notices not complying with the Consumer Credit Act. ?
I am astonished that the FOS permits a bank to pass disputed debts to a DCA whilst the FOS is investigating the complaint.

This has caused me and my family to suffer unnecessary stress and anxiety, to the point where I was admitted to hospital in March 2009 due to a heart attack.

I refer you to your own guidance on debt collection as quite clearly it has not been followed:-

http://www.financial-ombudsman.org.u...ng-note.html#3

COMMUNICATION:
When my complaint reached investigation stage, written updates ceased and I received telephone calls instead from your team handling my complaint. Due to my ill health, I struggle to recall phone conversations, therefore I formally request all updates be conducted in writing, enabling me to keep track of events.



I hope you can give the points raised in this letter your full and urgent attention and provide me with a prompt written explanation.

I will be writing to my MP Mr David Willets and the FSA, asking them to investigate this matter if I do not receive a satisfactory response.


Yours Sincerely

[pompeyfaith]

Re: PPI and Court

Celestine

Thank you much appriciated

PF

[Celestine]

Re: PPI and Court

Hiya Pompey

The letter needs some shortening and simplifying. It's also a little on the informal side for a FOS complaint letter.
Just driven 300 miles back from Wales :sleep: , so will take a proper look tomorrow, see if it can be made more direct and formal. xx