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Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

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  • Re: Latest updates on PPI Judicial Review and claims on hold

    these banks are very naughty people arn,t they, capital one now put a hold on my account because i had put in a claim for misselling of ppi i thought the banks had stopped doing that years ago, they cited the reason that because i was trying to re-claim i was in financial hardship,very embarrassing when you want to pay your vet bill,i might make a note of that on my fos claim form i,m not sending it off until tommorow,blagards!

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    • Re: Latest updates on PPI Judicial Review and claims on hold

      Originally posted by cappo View Post
      these banks are very naughty people arn,t they, capital one now put a hold on my account because i had put in a claim for misselling of ppi i thought the banks had stopped doing that years ago, they cited the reason that because i was trying to re-claim i was in financial hardship,very embarrassing when you want to pay your vet bill,i might make a note of that on my fos claim form i,m not sending it off until tommorow,blagards!
      I would include it as a separate element of your complaint.

      There was some guidance issued by the FSA about the retaliatory account closing of complainants issued during the bank charges test case - I'll try and dig it up.

      Comment


      • Re: Latest updates on PPI Judicial Review and claims on hold

        http://www.independent.co.uk/news/bu...on-438951.html

        Comment


        • Re: Latest updates on PPI Judicial Review and claims on hold

          It was part of the waiver direction - pages 6 & 7 http://www.fsa.gov.uk/pages/doing/re...ction_disp.pdf

          Comment


          • Re: Latest updates on PPI Judicial Review and claims on hold

            Originally posted by EXC View Post
            I would include it as a separate element of your complaint.

            There was some guidance issued by the FSA about the retaliatory account closing of complainants issued during the bank charges test case - I'll try and dig it up.
            thanks exc i,ve now included a separate hand written page to fos detailing what was said by cap 1 about trying to claim ppi and them assuming i was in financial hardship (their words) because i,d tried to claim the ppi through a cmc then they put me through to another department who effectively denied it,i can,t believe the depths they stoop to,the way i see it they,ve just made my job easier

            Comment


            • Re: Latest updates on PPI Judicial Review and claims on hold

              Originally posted by Amethyst View Post
              PDF version for peeps who don't have word/works etc

              Excellent stuff Ame.
              Pages and pages of reading here, but interesting, thanks.

              Comment


              • Re: Latest updates on PPI Judicial Review and claims on hold

                Originally posted by di30 View Post
                Excellent stuff Ame.
                Pages and pages of reading here, but interesting, thanks.
                i second that di well done turbo and ame

                Comment


                • Re: Latest updates on PPI Judicial Review and claims on hold

                  MR JUSTICE OUSELEY: If it is legitimate to look at it. You say having looked at it I do not get much out of it.

                  MR BRINDLE FSA: Yes, I am not going to die in a ditch on the basis that it is inadmissible, so I am prepared to go ahead on that basis.

                  MR JUSTICE OUSELEY: Choose your own ditch.

                  MR BRINDLE FSA: Yes, I might die in another ditch, but not this one.

                  LORD PANNICK BBA: We do not mind which ditch my friend -- (Laughter)

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                  • Re: Latest updates on PPI Judicial Review and claims on hold

                    Oh yes and our amazing Turbo too. X:tinysmile_kiss_t4:
                    ------------------------------- merged -------------------------------
                    Originally posted by EXC View Post
                    MR JUSTICE OUSELEY: If it is legitimate to look at it. You say having looked at it I do not get much out of it.

                    MR BRINDLE FSA: Yes, I am not going to die in a ditch on the basis that it is inadmissible, so I am prepared to go ahead on that basis.

                    MR JUSTICE OUSELEY: Choose your own ditch.

                    MR BRINDLE FSA: Yes, I might die in another ditch, but not this one.

                    LORD PANNICK BBA: We do not mind which ditch my friend -- (Laughter)

                    That also gave me a right giggle too pmsl
                    Last edited by di30; 14th February 2011, 23:35:PM. Reason: Automerged Doublepost

                    Comment


                    • Re: Latest updates on PPI Judicial Review and claims on hold

                      MR JUSTICE OUSELEY: I don't understand why if you are

                      24 entitled, as the ombudsman, to look at the Principles to

                      25 augment the specific rules exceptionally, why you are


                      80







                      1 not entitled to do it more commonly. I can't see what

                      2 Principle enables you to do it exceptionally rather than

                      3 commonly. It seems to me you either can or you can't do

                      4 it.
                      ------------------------------- merged -------------------------------
                      MR JUSTICE OUSELEY: It seemed to me, listening to the

                      3 argument develop, that in fact the argument amounts to

                      4 this. If I'm wrong I would like to know. If you comply

                      5 with ICOB you cannot be held to have breached anything

                      6 leading to redress.
                      ------------------------------- merged -------------------------------
                      Principle 9 is ICOB 4.3.1 and principle 7 is ICOB

                      10 2.2.3.
                      ------------------------------- merged -------------------------------
                      So Mr Flint's general point is that you

                      7 set out your principles and those are what you are going

                      8 to apply and then you take account of ICOBS, you may

                      9 very well end up imposing similar obligations regardless

                      10 of whether the sale is advised or not advised because

                      11 you are applying a uniform, principle-based standard,

                      12 which in effect does away with the different provisions

                      13 in the ICOBS which apply too them. That, as I

                      14 understand it is -- I may not put it as elegantly as he

                      15 will in reply, but that, as I understand it, is where he

                      16 is coming from.

                      17 MR MALEK: But we are not ignoring ICOB or ICOBS.

                      18 MR JUSTICE OUSELEY: No, no, he is not saying you are. He

                      19 is saying you are eliminating the effect of them or may

                      20 eliminate the effect of them by applying an overarching

                      21 standard and then simply taking account of the ICOBS.
                      ------------------------------- merged -------------------------------
                      ICOB

                      20 and ICOBS are not exhaustive of a customer's right.
                      ------------------------------- merged -------------------------------
                      whether the firm that sold the PPI gave its

                      16 customer information that was clear, fair and not

                      17 misleading - in order to put the customer in a position

                      18 where they could make an informed choice about the

                      19 transaction that they were entering into and the

                      20 insurance that we were buying and whether in giving any

                      21 advice or recommendation, the firm took adequate steps

                      22 to ensure that the product it recommended was suitable

                      23 for that customer's needs."
                      ------------------------------- merged -------------------------------
                      22 "I should never have been sold this product in the

                      23 first place, either because I was not given the

                      24 information to make an informed choice or because the

                      25 product was not suitable for me."

                      ------------------------------- merged -------------------------------
                      We have complied with ICOB and

                      6 ICOBS

                      we have not had a situation yet

                      5 where a firm has said, "We have complied with ICOB and

                      6 ICOBS," and the Ombudsman says, "You have not complied

                      7 with the principles," we have held them liable
                      Last edited by MBD23; 15th February 2011, 01:23:AM. Reason: Automerged Doublepost

                      Comment


                      • Re: Latest updates on PPI Judicial Review and claims on hold

                        This is almost unbelievable. Over 40 years since we put a man on the moon, we still didn't have any complaints handling rules?

                        MR BRINDLE: …………as I said yesterday, 1998, there had not yet been the DISP rules at all about the way in which complaints were to be treated, as we established I think at an earlier stage, those rules first came in 2001. Until that time there were no rules relating to how complaints should be dealt with, certainly at the pre-Ombudsman stage.

                        Comment


                        • Re: Latest updates on PPI Judicial Review and claims on hold

                          Originally posted by EXC View Post
                          This is almost unbelievable. Over 40 years since we put a man on the moon, we still didn't have any complaints handling rules?

                          MR BRINDLE: …………as I said yesterday, 1998, there had not yet been the DISP rules at all about the way in which complaints were to be treated, as we established I think at an earlier stage, those rules first came in 2001. Until that time there were no rules relating to how complaints should be dealt with, certainly at the pre-Ombudsman stage.
                          hear hear

                          Comment


                          • Re: Latest updates on PPI Judicial Review and claims on hold

                            As the old saying goes, Life's a ditch. And then you die.

                            Comment


                            • Re: Latest updates on PPI Judicial Review and claims on hold

                              resolving banking-related disputes

                              Just to clarify the issue of complaints. Banks were in a voluntary scheme but under the FSMA 2000 all banks had to be members of the scheme if they took deposits.
                              "Family means that no one gets forgotten or left behind"
                              (quote from David Ogden Stiers)

                              Comment


                              • Re: Latest updates on PPI Judicial Review and claims on hold

                                Originally posted by EXC View Post
                                This is almost unbelievable. Over 40 years since we put a man on the moon, we still didn't have any complaints handling rules?

                                MR BRINDLE: …………as I said yesterday, 1998, there had not yet been the DISP rules at all about the way in which complaints were to be treated, as we established I think at an earlier stage, those rules first came in 2001. Until that time there were no rules relating to how complaints should be dealt with, certainly at the pre-Ombudsman stage.

                                Is Brindle with the BBA or the FOS/FSA?
                                The FSA produced a booklet on how to complain in 1999
                                Dont be fobbed off --- financial watchdog tells consumers
                                "Family means that no one gets forgotten or left behind"
                                (quote from David Ogden Stiers)

                                Comment

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