Need help enforcing FOS PPI Final Decision please! ** THEY PAID UP !!!!! ***

[debtisbad]

Re: Need help enforcing FOS PPI Final Decision please!

Yep, I was awarded 150 pounds compensation on top of the PPI refund and 8% interest, making it a 840 pound repayment from the Scabby Abbey. The compensation was ordered by the FOS because the Scabby Abbey had tried to fob me off originally by telling me a pack of lies including that there were no grounds for a refund as the PPI had not been sold, also that the time limit was outside that in which the FOS could get involved.

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Hi guys,

Just a quick update -

I did as suggested and sent copies of documentation required to calculate the refund settlement (but not the spready itself) to Norton via Special Delivery along with a polite but firm letter explaining that there should be no need for further delays now they have access to this information and giving them 30 days to pay up. As Bill recommended I didn't say how much we had calculated the refund to be. This was signed for on receipt on Tuesday.

Today a letter has arrived from them saying the following -

'We thank you for your further letter dated 9th August 2010 together with enclosures.

However we are still awaiting information from Swift Advances to enable us to work out the correct redress as instructed by the Financial Ombudsman Service. The Financial Ombudsman Service are fully aware of the situation.

We apologise for the delay but this is out of our control.'

Of course it is still quite possible that they will come up with a figure within the 30 day time frame - should this be 30 days from the date of my letter or 30 days from when they received it, btw?

However, I would like to be prepared for the eventuality that they won't comply so will have to start acquainting myself with the procedures for enforcement through the court as detailed by Ame in her earlier posts. Any further guidance would be most welcome!

Thanks guys,

Nellie x

NB - no further word from the FOS on this, so might chase them again also.............

[pompeyfaith]

Re: Need help enforcing FOS PPI Final Decision please!

Are norton regulated by the fsa if they are and given the fsa latest report i would give the fsa a call and inform them in sure the FSCP would be interested too given that they are a consumer panel and made an excellent report

Just some ideas type financial services consumer panel into google and that report is linked on their home page

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Cheers PF - I'm not sure if they are - will have a look

[Bill-K]

Re: Need help enforcing FOS PPI Final Decision please!

I'm inclined to agree with PF, in doing all you can to get the FOS to move, along with others such as the FSA. The more bases you cover now, the better you will look in court (pre-action protocol, etc.) - should you need to go that far.

Maybe send Norton AND Swift a further letter on the lines of "I have sent you the data you will require in order to calculate the refund. The only data you should require from the FOS is their order to make the refund as per their guidelines. The FOS have confirmed that they have sent you this order, and their guidelines are openly available to the public.

What further data - specifically - do you now need ? I will then do my best to help you obtain it. If you cannot be specific about this, then I will have to assume that you are being deliberately obstructive. In that case, I will request that the FOS orders you to pay additional compensation for this.

If you then continue to ignore the efforts of the FOS and myself, I shall have no alternative but to file a legal claim for repayment and compensation - and I am sure that your behaviour thus far will certainly not be seen as reasonable by a court of law."

Also, it may be worth contacting the FOS, pointing out that Norton & Swift seem to be deliberately obstructive, and ask them to order an additional compo payment if they don't settle within 14 days.

Regarding the 30-day deadline you have given Norton, I think it depends on how you worded it, but the maximum would be 33 days after the day you posted, I believe. It would be deemed to have been delivered 3 days after it was posted. Give them 5 weeks after the date of the letter - but try and get the FOS to order 14 days from THEIR letter (if you use the 'additional compo' method above).

Then I would suggest that you start assembling all the relevant paperwork you would need in court, and write out a timeline, listing all relevant events pertaining to this claim from square 1. I think if you have this ready, then you have basically assembled your claim. If you do eventually have to claim, then hopefully the other guys here will help you with the actual wording of the Particulars of Claim. I'm not sure exactly how the claim would need to be made out. It's essentially a claim for money - BUT - what you are actually trying to get the court to do is to enforce an order made by the FOS. In that case, I think this might be known as a claim to 'Specific performance' - or summat similar. That would need one of the big Beagles here to look at, I guess.

[pompeyfaith]

Re: Need help enforcing FOS PPI Final Decision please!

I'm inclined to agree with PF, in doing all you can to get the FOS to move, along with others such as the FSA. The more bases you cover now, the better you will look in court (pre-action protocol, etc.) - should you need to go that far.

Spot on :beagle:

PF
------------------------------- merged -------------------------------
http://www.fs-cp.org.uk/newsroom/2010/160.shtml

http://www.fs-cp.org.uk/publications...point_plan.pdf

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Hi Bill and PF,

Thank you both very much for your advice guys - you are both stars! I've had rather a busy day today doing DIY and had a bit of a break from forum stuff but will be back on the case on the morrow

Btw, you'll be pleased to know that 'Tractor Tom' a.k.a Lennie the Landy is now fully recovered from his little contretemps and came home tonight with a new engine - woop woop!

Nellie x

[pompeyfaith]

Re: Need help enforcing FOS PPI Final Decision please!

glad to hear you are mobile again

PF

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

glad to hear you are mobile again

PF

Thanks PF - yes it beats driving round in my Dad's Daewoo which we've been borrowing

[pompeyfaith]

Re: Need help enforcing FOS PPI Final Decision please!

hehe just when you find out the qualities of the LR LOL

[Bill-K]

Re: Need help enforcing FOS PPI Final Decision please!

Good to hear that Lennie is back on the road again, Nellie. Commuting for all those miles in a Daewoo or Saxo sure ain't gonna be good for morale, safety, or sanity, methinks !!!

[mystery1]

Re: Need help enforcing FOS PPI Final Decision please!

Regarding the 30-day deadline you have given Norton, I think it depends on how you worded it, but the maximum would be 33 days after the day you posted, I believe. It would be deemed to have been delivered 3 days after it was posted. Give them 5 weeks after the date of the letter - but try and get the FOS to order 14 days from THEIR letter (if you use the 'additional compo' method above).

via Special Delivery

Date it was delivered should be known.

M1

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Date it was delivered should be known.

M1

Hi M1,

Yes, you're quite right - it was delivered via special delivery on 10th August and confirmed by track and trace.

Nellie x
------------------------------- merged -------------------------------

Good to hear that Lennie is back on the road again, Nellie. Commuting for all those miles in a Daewoo or Saxo sure ain't gonna be good for morale, safety, or sanity, methinks !!!

.........to say nothing for our street cred

Love the pic of Lenny the Lion btw!

[Bill-K]

Re: Need help enforcing FOS PPI Final Decision please!

Sorry I missed that - M1 is right, of course, and you should have a signature too, I guess.
Glad you recognised Lenny !!!

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Hi Guys!

Just reporting the latest news from nowhere (Norton) -

In response to my last letter they write that they are not trying to delay the payout of my claim and that the FOS is fully aware of the problems they are having trying to obtain the relevant info. They go on to say that one of the two Swift staff involved in supplying the figures is on holiday which is causing the delay - must be a very long holiday seeing as Swift have known about this since April/May


They go on to say that the info I supplied is not sufficient to enable them to calculate the figures, but if I can supply the following -

• date loan redeemed
• amount of interest paid on PPI until loan was redeemed
• amount of PPI rebate received

they will be able to carry out the calculations for the refund settlement.

Nellie x