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

[Bill-K]

Re: Need help enforcing FOS PPI Final Decision please!

She's waiting for you, Nellie...

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Love it Bill :billk:
One cheque did turn up today - but it wasn't from Norton, only the MBNA charges refund, but still a little bit more to add to the F&F pot..................

[di30]

Re: Need help enforcing FOS PPI Final Decision please!

Hmm, some good news on that side of it:okay: then PF, well done!

[pompeyfaith]

Re: Need help enforcing FOS PPI Final Decision please!

indeed nellie is an inspiration with her chqs dropping on the door mat and does give me a big fat smile xx

[di30]

Re: Need help enforcing FOS PPI Final Decision please!

Love it Bill :billk:
One cheque did turn up today - but it wasn't from Norton, only the MBNA charges refund, but still a little bit more to add to the F&F pot..................

Oops forgot to Congratulate you personally hon, what am I like? :eek2:

Well done Nellie XX:okay:
------------------------------- merged -------------------------------

indeed nellie is an inspiration with her chqs dropping on the door mat and does give me a big fat smile xx

LOL, that's the way .........

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Hi everyone,

Did we ever establish whether the consensus was that it's the N208 as suggested by Ame that I need for this please? I looked up the form and the accompanying notes, but it still didn't seem very clear. The FOS guidance on final decisions (posted up by Di - thanks again Di!) doesn't give any detailed info regarding how to go about enforcing unfortunately.

I intend to call my local court tomorrow to double check - I presume someone there will be able to advise - but whilst doing further research I just saw on an oldish (last year) thread OTR that BF advised someone who also had to enforce an FOS ombudsman's decision, to use an N244 and it appears that shortly after doing so the company concerned coughed up..........

..........so now I'm even more confused - not that I trust what they say OTR any more

Any further clarification would be wonderful - cheers guys!

Nellie x

[marshallka]

Re: Need help enforcing FOS PPI Final Decision please!

Hi everyone,

Did we ever establish whether the consensus was that it's the N208 as suggested by Ame that I need for this please? I looked up the form and the accompanying notes, but it still didn't seem very clear. The FOS guidance on final decisions (posted up by Di - thanks again Di!) doesn't give any detailed info regarding how to go about enforcing unfortunately.

I intend to call my local court tomorrow to double check - I presume someone there will be able to advise - but whilst doing further research I just saw on an oldish (last year) thread OTR that BF advised someone who also had to enforce an FOS ombudsman's decision, to use an N244 and it appears that shortly after doing so the company concerned coughed up..........

..........so now I'm even more confused - not that I trust what they say OTR any more

Any further clarification would be wonderful - cheers guys!

Nellie x

Do you have free legal assistance with any household insurance you have. You could try and ask there.

Also on the document about final decisions it says

Enforcing an ombudsman’s decision in court should not mean having to argue the merits of the case again. The process is similar to enforcing a judgment where a case has been heard in court. We can provide more information about the enforcement process where necessary.

Have you asked FOS what next?

[di30]

Re: Need help enforcing FOS PPI Final Decision please!

Hi Nellie

Sorry the info didn't give the details you required.

What Marahallka have suggested via Home Insurance is a good idea if Legal Assistance is included on yours.
Check your policy out if you have this, good luck.

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Hi Marshallka,

Thanks for your help :tinysmile_grin_t:

I hadn't thought about our household insurance - I'll have to get the policy out and check!

I understand that I don't have to start fresh proceedings but merely seek an order to enforce - I think!

I've been pestering the FOS about the correct procedure for weeks - since Norton first started to extract the urine regarding abiding by the ombudsman's final decision to be precise. I have asked for guidance on how long extra the FOS saw fit to allow them and what our next steps should be re: enforcement etc, but whilst they have been pretty good at chasing Norton up, they haven't really explained what my next course of action should be.

Trouble is that I've been through so many different adjudicators on this one - obviously there was the one who made the original decision, then it went to an ombudsman when Norton refused to comply. Since then there has been an ombudsman's assistant and 3 adjudicators dealing with it - obviously they weren't expecting Norton to be so difficult - the latest of whom seems to be the most on the ball. Prior to that the advice was to let them have further time - because they were a broker and reliant upon our ex lender to provide the required info!

Apparently the FOS has had to have meetings specifically about the way Norton chooses to ignore FOS decisions............not that this has had much effect so far!

Will check on that insurance policy and let you know..........

Thanks again,

Nellie x

[di30]

Re: Need help enforcing FOS PPI Final Decision please!

If your in a union, for example, works union, or anyone in your family, sometimes you can get some free legal assistance from them also, this just came to mind now, remembered my hubbys lol.

http://www.community-tu.org/informat...1749/services/

[nelliewops]

Re: Need help enforcing FOS PPI Final Decision please!

Hi Nellie

Sorry the info didn't give the details you required.

What Marahallka have suggested via Home Insurance is a good idea if Legal Assistance is included on yours.
Check your policy out if you have this, good luck.

No, it was actually very useful and informative thanks Di

It clearly states that 'the business is required by law to do whatever the ombudsman says is necessary - to put things right for the consumer.' and

'Parliament made legal provision for consumers themselves to be able to enforce our decisions in court - in the unlikely event that this becomes necessary.

Enforcing an ombudsman's decision in court should not mean having to argue the merits of the case again. The process is similar to enforcing a judgment where a case has been heard in court.'

OH doesn't think there's any legal assistance included in our household insurance (but I'm just about to take a look myself) and I will definitely be calling the FOS first thing tomorrow to see what they advise............

Unfortunately none of us are in a union...........but my dad is off to see his solicitor in the next couple of days and said he'll mention it in passing to him

Thanks again!

Nellie x

[di30]

Re: Need help enforcing FOS PPI Final Decision please!

Good luck there then Nellie.

My hubby have left an email with his adjudicator about one of his, they did tell him last week they were expecting to hear from Lloyds in the next fortnight, as they agreed to calculate inline with the FOS, where they did not do this when he was paid out in March, when they said they did......(at first).

He have also asked if any of this will not be affected by these recent events.
I will check his emails tomorrow, he is working afternoons this coming week.

[Amethyst]

Re: Need help enforcing FOS PPI Final Decision please!

Its definately enforcement, so is the same application for enforcement as you would for a court judgment enforcement.

''The Financial Services and Markets Act 2000 sets out the basis on which the ombudsman’s decisions may be enforced in the courts. The relevant provisions of this Act of Parliament are in Part XVI and Schedule 17.''


Schedule 17

Enforcement of money awards

16A money award, including interest, which has been registered in accordance with scheme rules may—

(a)if a county court so orders in England and Wales, be recovered by execution issued from the county court (or otherwise) as if it were payable under an order of that court;



(am sure I posted this before lol think I said N322b too rather than n208 but just checking which is the enforcement form now - N322b is for enforcing where permission isnt needed for things like employment tribunals etc - I havent worked out if that is right, but from schedule 17 ''as if it were payable under an order of that court'' it seems more likely you go straight to a warrant of execution (bailiffs etc) read Enforcing Judgment )

Fos won't help with it as its construed to be legal advice, but a call to the Community Legal Service should get you the answer.

[pompeyfaith]

Re: Need help enforcing FOS PPI Final Decision please!

Amethyst,

Do you have a 6th sense lol because I was just looking at the The Financial Services and Markets Act 2000 for Nellie rofl.

So weird was just about to post what you have.

Still that makes two in agreement so all is well.

PF

[Amethyst]

Re: Need help enforcing FOS PPI Final Decision please!

lol we looked at it at beginning of August, think the result was to call community legal advice then too, so we got far !