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

[Paul210]

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

I grant permission to argue all 3 grounds but dismiss them.

What does this mean??

the hearing was 2 parts. permission to request JR then the JR itself, hes effectively saying BBA were allowed to have JR but that he dismisses it having heard and considered both sides argument.

[Footynut]

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

I grant permission to argue all 3 grounds but dismiss them.

What does this mean??

[mids]

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

Directly from the BBA website.


“

“Any complaints that are directly affected by the judicial review and therefore can not be decided will continue to be placed on hold until the next steps have been decided. ”

Still on hold??:tinysmile_cry_t:

[di30]

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

Directly from the BBA website.

http://www.bba.org.uk/media/article/...udicial-review

Judgement handed down on BBA judicial review

“On behalf of its members, the BBA requested a judicial review of the way in which the industry should handle complaints about PPI sales, as set out in the Financial Services Authority's policy statement.

“Whilst the UK banking industry has to date implemented every reform on PPI sales and complaints handling required by the regulators, the additional requirements in the policy statement effectively apply new standards to past sales, which we believe go beyond the rules and regulatory requirements which were developed by the regulator over time.

“It was due to the widespread concerns that the FSA and the Financial Ombudsman Service had not properly applied the law in this area – and only having exhausted all other avenues for resolving the underlying dispute that a judicial review was sought.

“We are disappointed with today’s judgment and now need to consider the details of it very carefully as well as next steps, including whether it would be appropriate to apply for permission to appeal.

“Any complaints that are directly affected by the judicial review and therefore can not be decided will continue to be placed on hold until the next steps have been decided. We will continue to work closely with the FSA to ensure that all complaints are appropriately handled and customers are not disadvantaged. Customers who are considering making a complaint or who have a specific query about an existing complaint should contact their bank in the first instance.”

[Amethyst]

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

attached

Neutral Citation Number: [2011] EWHC 999 (Admin)

Case No: CO/10619/2010

IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT

Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 20/04/2011

Before :

MR JUSTICE OUSELEY

- - - - - - - - - - - - - - - - - - - - -

Between :

THE QUEEN on the application of BRITISH BANKERS ASSOCIATION

Claimant

- and -

(1) THE FINANCIAL SERVICES AUTHORITY

(2) THE FINANCIAL OMBUDSMAN SERVICE

- and –

NEMO PERSONAL FINANCE LTD

Defendants

Interested Party

- - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - -

Lord Pannick QC and Mr C Flint QC

Mr J Herberg and Mr S Pritchard (instructed byFreshfields Bruckhaus Deringer LLP) for the Claimant

Mr M Brindle QC and Miss M Carss-Frisk QC

Mr R Coleman and Mr J McClelland (instructed by SNR Denton UK LLP) for the First Defendant

Mr Hodge Malek QC and Mr J Strachan (instructed by Russell Cooke LLP) for the Second Defendant

Mr M Fordham QC and Mr P Luckhurst (instructed by Herbert Smith LLP) for the Interested Party

Hearing dates: 25th, 26, 27th and 28th January 2011

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment




......

Overall conclusions
1. I grant permission to argue all three grounds, but dismiss them.

[cappo]

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

good old duncan,spot on

[dogtired]

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

http://www.financial-ombudsman.org.u...judicialreview

sorry if some one already posted this but there is a lot to sift through.
Seems the banks can appeal, yet M and S have just sent me the ppi form to fill in?

[di30]

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

As on FSA website.

http://www.fsa.gov.uk/pages/Library/...2011/039.shtml


FSA welcomes the High Court's dismissal of the BBA's judicial review of new PPI complaints handling measures.

FSA/PN/039/2011
20 April 2011
We welcome the High Court’s dismissal of the British Bankers’ Association’s (BBA) and Nemo Personal Finance Limited’s (Nemo) legal challenge to our payment protection insurance (PPI) measures.
Our primary aim has always been to get proper redress, once and for all, for those with genuine complaints.

We believe this decision signals the end of years of poor complaint handling and will trigger a dramatic improvement in the way customers are treated when complaining.

There have been more than 1.5 million complaints made about PPI since the Financial Services Authority (FSA) took over regulation of it in 2005. On average, firms have rejected around 60% of the complaints made to them, but some rejected almost all of them. However, the vast majority of complaints referred to the Financial Ombudsman Service (the Ombudsman) are found in the consumer’s favour.

However this is not the end of the process: the BBA and Nemo may seek to appeal the court’s judgment.
The FSA has not put a waiver in place so firms must continue to deal with complaints where possible, including letting customers know they can refer their complaint to the Ombudsman if they are unable to progress it.
Failure to do so may result in Enforcement action.

[di30]

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

Di,

That was my take in a previous post.

LOL, see I don't even know what I'm doing with all this excitement :tinysmile_aha_t: LOL, hope it lasts though. x
------------------------------- merged -------------------------------

Well its going to be a nice weekend so I'm off to B&Q to invest in a new barbeque be back later folks.

I don't blame you PF, you go for it hun

[Chip Tuesday]

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

This is fantastic news - Ousley pulled his finger out!

CT

[pompeyfaith]

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

Well its going to be a nice weekend so I'm off to B&Q to invest in a new barbeque be back later folks.

[leclerc]

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

Statement from the FSA Website

The FSA has not put a waiver in place so firms must continue to deal with complaints where possible, including letting customers know they can refer their complaint to the Ombudsman if they are unable to progress it.
Failure to do so may result in Enforcement action.

Like you have been doing for the past 6 months, Mr FSA

If you see the FOS statement earlier in the thread, they more or less state that they are being obstructive. However, the FSA can take enforcement action but I suspect that they will await the decision as to whether the banks will appeal which we should find out about by May 10th.
------------------------------- merged -------------------------------
To clarify, here is what the FOS stated:


"The lack of cooperation from some financial businesses has made it difficult to progress PPI cases since this legal challenge was launched. However, the clear-cut judgment means that banks and other financial businesses should now be in the position to deal promptly, efficiently and fairly with their customers' PPI complaints."

[pompeyfaith]

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

Halifax have started to pay out though that were previously held up due to the JR, so wonder if they knew something then perhaps?

Di,

That was my take in a previous post.

[furnivalljo]

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

Statement from the FSA Website

The FSA has not put a waiver in place so firms must continue to deal with complaints where possible, including letting customers know they can refer their complaint to the Ombudsman if they are unable to progress it.
Failure to do so may result in Enforcement action.

Like you have been doing for the past 6 months, Mr FSA

[Paul210]

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

Anyone know if they have to contact all their past customers off their own back now also..?

also its my understanding that its the banks who will be reviewing their own sales to decide whether redress is appropriate, what are the odds they find most were fine (at least until the FSA are forced to jump in and start to enforce indipendent/impartial reviews)