PPI and Court

[nelliewops]

Re: PPI and Court

Hi PF,

It's Landy_alert here - under my LB alter-ego of Nelliewops

Am subbing with interest as you know I too have had/am having probs with the FOS over PPI issues...................wishing you all the best with yours as always!

Off now to start my own thread here on this.

Take care,

Nellie/Landy x

[pompeyfaith]

Re: PPI and Court

Greetings Nellie

Nice to see you here landy hehe

Take care
PF

[pompeyfaith]

Re: PPI and Court

Greetings All

Could someone check the letter below for me and make adjustments where needed

Thank You.

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,

It is with great regret that I have to lodge this Formal Complaint with you, but I believe the reasons below are just and I expect this complaint to be fully investigated.

As you know this complaint was referred to you in December 2008 after the Co-op Bank (The Bank) failed to settle this complaint which I sent to them in July 2008.

This complaint centred around their draconian offer which only offered redress on 8 policies instead of the 9 that were taken out.

Their reason for not offering redress on the first policy taken out in March 1999 was because they said they had no proof that payments were made to this loan and policy. That excuse I found hard to believe; I considered it to be a damage limitation exercise because I also had a long standing joint current account with the bank and the direct debit was paid from that account every month without fail indeed they made sure of this even if it put me overdrawn due to funds being a few days late reaching the account.

Furthermore do you really think they would offer me a further 8 loans if I defaulted on the first one?
I think not.

After explaining this to you, which I should not have done as it’s not hard to work out I was told that they will now offer redress on this first PPI policy.

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

Please explain how I can sign to accept an offer when I do not know what the offer is.

THAT IS AKIN TO GOING TO BUY A CAR AND THE SALES MAN SAYS, GIVE ME YOUR MONEY THEN I WILL GO FIND YOU A CAR, BUT IM NOT GOING TO LET YOU SEE IT BEFORE YOU PAY FOR IT.

YOU WOULD WALK AWAY WITH YOUR MONEY IN YOUR POCKET WOULDNT YOU SO WHAT’S DIFFERENT HERE?

I have had words with a solicitor and he says the same and advised me to not sign anything unless I know and am happy with what I am signing for.

Furthermore I will be taking this matter up with my MP Mr David Willets and the FSA and asking them to investigate this matter.

Please tell me; is this draconian measure within your guidelines and if it is, explain why because it goes against all fairness to the consumer and I thought your goal was to see that fairness was in place between the financial industry and the consumer and it is after all the reason that complaints are brought to you because fairness was lacking.

Furthermore by reading your website I get the impression you do apply the law but only when it suits you or the financial organisation being investigated.

ARREARS

You stated in your offer letter to me that any offer will be less any arrears on the current loan.

Please explain to me why this is so when it is quite clear from above that it was the bank that allowed this complaint to feaster 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 in truth it is they that should be compensating me for the unjust amount of time this complaint is taking to resolve.

Furthermore I fail to see why I should be paying this current loan to the bank as there is a clear and valid dispute.

Yes I owe them money but they too owe me money so you see under the UTTRC 1999 there is a ‘vis-à-vis’ and the money I owe them is my safeguard against what they owe me.

DEFAULT NOTICES AND HARRASMENT

The bank has constantly harassed me via phone and letters of which I have quite a stack. They have not just sent one non-compliant Default Notice but three all non-compliant due to the dates and no time aloud for service so by the time they reach me I do not have 14 days to comply.

After I received the first one I wrote to the bank explaining this and I was expecting a compliant one to follow but this did not happen instead over a period of time I got a further 2 non-compliant ones.

This smacks of mismanagement and a serious lack of staff training if they and it appears so do not know the laws governing consumer credit agreements.

Given the above it is totally unjust that I as a consumer should be treated in such a way. Wrecking my credit file with Defaults whilst there is a clear dispute is unjust and not fair.

Whilst you cannot uphold the law which I agree with because only a Judge in a court of law can do that you can advise them to play fair.

DEBT COLLECTION COMPANIES

Whilst these accounts have been in dispute and referred to you the banks has terminated both the current account and loan account and passed them to debt collectors this is against oft guidelines whilst they remain in dispute and furthermore they have been unlawfully rescinded due to the Defaults Notices not complying with the consumer credit act. Had you done your job right and advised the bank not to take such action whilst you investigate the complaint none of the above would have happened.

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

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

It would also not have happened if the bank had a clear understanding of statute law, it beggars believe the way that the Financial Ombudsman Service has allowed this complaint to feaster for so long causing 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.

This I informed you off and expected you to escalate this complaint whilst I was in a period of recovery but this has not happened.

COMMUNICATION

Please explain why when my complaint was waiting to be dealt with I received letters on a regular basis every 8 wks in fact but soon as it was being seen to those update letters stopped and instead you chose to communicate via phone I have explained on many occasions due to the stroke I have difficulty remembering what had been said because of short term memory this has led me to be in a confused state after the call.

You phoned me with an increased offer the phone given my condition is not the right method to use for such an important call you should have written to me.

If you need to communicate with me it must be via letter or email so I have a record of what was said so it gets the right attention and actioned correctly thus saving my time and yours.

Finally I hope you can give the points raised in this letter your full and urgent attension and communicate your response via letter.

Yours Sincerely
------------------------------- merged -------------------------------
Hiya PT,

Not sure if it is as you say stern enough.

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

[pompeyfaith]

Re: PPI and Court

Celestine

Thank you much appriciated

PF

[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 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
------------------------------- merged -------------------------------
specially as they have now agreed to redress on that first policy

[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

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

[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

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

[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

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

[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

[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