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

[di30]

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

http://dialog.newsedge.com/portal.as...&block=default


Industry News05/01/2011 07:07:57 AM EDT -- Mail on Sunday (England)
Will banks fight High Court over mis-sold PPI ruling?

BANKS are holding crunch meetings with their lawyers this week to decide whether to carry on their fight to overturn hundreds of thousands of complaints about mis-sold payment protection insurance.

The British Bankers' Association has just nine days to ask for permission to appeal after the High Court last month rejected its claim that new rules for handling complaints about the mis-selling of PPI were unlawful. Many complaints are now on hold pending the banks' move.

Members of the BBA, including Barclays, Lloyds TSB and HSBC, have to decide on any appeal by a week Tuesday. They are under renewed pressure from the Financial Ombudsman Service not to delay matters any longer. The FOS has taken on more than 100,000 PPI complaints in the past year alone.
Chief Ombudsman Natalie Ceeney says fighting on will damage the banks' reputations further.

'The approach taken by the businesses involved in this legal action has meant we have not been able to resolve as many cases as we would have hoped,' she says. 'This has led to delays, uncertainty and frustration for consumers. Now we have a clear-cut ruling, we need to work together to resolve these complaints as quickly as possible. It will greatly benefit all of our reputations to do so.' The BBA would not be comment on the issue.
Stephen Womack

[SoapyBubbles]

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

Sadly, they are the same as the OFT were over the bank charges and still are today on other issues, such as one company I know trading with an unlicenced trading style they (the OFT) were told about over 3 yrs ago and this company continue to repossess homes at a grand rate of knots right under their noses. As you say, a distinct lack of the bobbly things between the legs this lot !

So basically the FSA are incompetent, incapable and irrelevant?

[cappo]

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

just a question guys,forgive my ignorance but just how far are banks going to have to go back time wise on these complaints,(where they have to contact customers) sorry if i,ve missed the answer on the posts here i,ve not been on here much in the last few days.

[NLP]

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

Ha ha - I see Mr Angry is living up to his name.

Take it easy on him the reasoned types posting on here.... always remember anger is born out of a bad world one finds themselves inside.

Hopefully all turns out well for him in the end.

[EXC]

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

just a question guys,forgive my ignorance but just how far are banks going to have to go back time wise on these complaints,(where they have to contact customers) sorry if i,ve missed the answer on the posts here i,ve not been on here much in the last few days.

Good question. The Policy Statement doesn't appear to give a precise deadline although all the other requirements (evidential provisions etc) take effect from Jan 2005 - when the FSA took over responsibility for insurance regulation. So I would imagine Jan 2005.

[cappo]

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

http://www.fsa.gov.uk/pages/Library/...2009/129.shtml



i,ve found this which seems to support your idea about going back to 2005 exc

[leclerc]

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

To clarify the 2005 thing, that is when the FOS/FSA took over regulation. I am sure AC can tell you who regulated the industry prior to that date(mainly cos I cannot remember and I know you have those facts to hand more easily than me).
PPI reclaims can go further back(we have seen that Welcome are dealing with pre 2005 cases in spite of being in default whilst the FSCS are dealing with post 2005 cases---am being lazy with dates but the info is on the Welcome Finance thread already).

[pompeyfaith]

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

Although the limitations act dictates that it is 6 yrs, the nutshell is proof in that if you can prove that you paid it before this date then you may have recourse, but whether the FOS will support you pre 2005 is a different matter and you may have to go another route on pre 2005 claims.

How you word your letters and evidence pre 2005 claims is very important as that could be the difference between win or lose

[leclerc]

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

Apologies if this is already there but this is from Ombudsman News April/May edition
issue 93 - April/May 2011

EDIT: It has :o

[di30]

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

Eight days from tomorrow left for the BBA to decide, will be surprised if they came up with a decision sooner, although the main of us believe they will get an appeal.
So I expect banks etc will be very busy with meetings as from returning to work tomorrow.
I suppose we're all just eager to know lol.

[EXC]

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

http://www.fsa.gov.uk/pages/Library/...2009/129.shtml



i,ve found this which seems to support your idea about going back to 2005 exc

The FSA are currently consulting on complaints handling and will be issuing more specific guidance on Root Cause Analysis in August.

http://www.fsa.gov.uk/pubs/cp/cp10_21.pdf

[Angry Cat]

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

With regards to the so-called regulation of the selling of General Insurance.
In 2005, the FSA took over from the GISC:
http://www.fsa.gov.uk/pages/Library/.../0923_cb.shtml

Prior, to the GISCs so-called regulation it was the ABIs task.

Both the GISC and the ABI had codes of conduct that had to be followed re: the selling of General Insurance.
Most reputable firms would have subscribed to the ABI and the later GISC voluntary codes of practice.

[SoapyBubbles]

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

Just sent this to MBNA.
Probably get a generic reply as per usual.
So bloody ****ed off!




To whom it may concern

Reference number XXXXXX

Account numbers
XXXXXXX, XXXXXXXX, XXXXXXXX, XXXXXXXXX, XXXXXXXX

Let me introduce myself, my name is 'I HATE BANKS' the son of 'I ALSO HATE BANKS' of whom the above accounts belong to. I currently have complaints against MBNA for and on behalf of my father for missold PPI insurance. I have been authorised (numerous) times by my father to have full access to the accounts. Please check your records before writing back that I am not the account holder. I am not the account holder but I am fully authorised to deal with the accounts.

MBNA have left my father and myself with no other choice but put pen to paper so to speak. It's quite ironic that I have to make another formal complaint about an already pending complaint.

As we are all aware the PPI misseling has rocked both banks and customers for entirely different reasons might I add. The banks have been profiting for years from this infamous product and some customers have been left in debt because of it. However we the customers have now decided to fight back for what is rightfully ours. With the help of consumer internet forums and TV coverage from the likes of Martin Lewis we the consumer are slowly but surely winning.

My father is fast approaching retirement which for any working class man is a daunting prospect, especially financially.

My father has had numerous loans with MBNA over a period of probably 10 years all with PPI. A product he never needed or asked for.

We are now in the process of trying to get those PPI premiums refunded. However we are struggling. MBNA was very, very happy to take the payment each month for PPI on my father's loans but aren't as forthcoming to paying it back.

As you are aware we have 5 complaints pending about 5 accounts with MBNA.

These have been more or less constantly on hold because of the Judicial Review and any subsequently appeal.

This hold is totally unlawful and illegal. It has not at ANY time been sanctioned or authorised by the MBNA's regulator, the FSA. Yet the MBNA still continue to defy their regulator's rules and show utter contempt and lack of respect and remorse to the thousands of customers who have been sold PPI.

This just isn't good enough. It really isn't. If my father had ever missed a monthly payment (which he NEVER did) on any of his loans, I'm pretty sure MBNA would of addressed the situation immediately to make sure they did get their monthly payment. However when MBNA owe their customers money they hide behind court cases and supposed sanctioned holds by the FSA.

I have just had a call with your Customer Advocate Office and of course was given the same old lines of 'hold' 'judicial review' 'appeal' 'we are waiting to receive further advice' etc. Just as well I recorded the conversation as the lady did say that the current hold on PPI complaints WAS sanctioned and authorised by the FSA. Really? I'm pretty sure when I looked at the FSA website a few mins ago it said it expected banks to process complaints as normal regardless of the Judicial Review or any subsequent appeal.

Please do not tell me that I can take my complaint to the FOS. As we both know they are now totally inundated and overwhelmed with PPI complaints and have a 2 year waiting list. Would MBNA have waited 2 years if my father hadn't been able to pay his loans? I doubt it. I doubt it very much. So why should my father's complaint be placed on an illegal hold? Why should my father have to go through the FOS to wait 2 years to get money that is rightfully is? It just isn't good enough and MBNA should be sorting out my father's complaint with immediate effect without ANY input from the FOS.
I am very frustrated and angry with the way MBNA have treated my father. He's a customer of 10 years who never once missed a payment of any of his loans.
How can you justify putting complaints on hold for months which the FSA have NEVER auhorised or sanctioned?
Please do not send a generic reply.

[cappo]

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

Just sent this to MBNA.
Probably get a generic reply as per usual.
So bloody ****ed off!




To whom it may concern

Reference number XXXXXX

Account numbers
XXXXXXX, XXXXXXXX, XXXXXXXX, XXXXXXXXX, XXXXXXXX

Let me introduce myself, my name is 'I HATE BANKS' the son of 'I ALSO HATE BANKS' of whom the above accounts belong to. I currently have complaints against MBNA for and on behalf of my father for missold PPI insurance. I have been authorised (numerous) times by my father to have full access to the accounts. Please check your records before writing back that I am not the account holder. I am not the account holder but I am fully authorised to deal with the accounts.

MBNA have left my father and myself with no other choice but put pen to paper so to speak. It's quite ironic that I have to make another formal complaint about an already pending complaint.

As we are all aware the PPI misseling has rocked both banks and customers for entirely different reasons might I add. The banks have been profiting for years from this infamous product and some customers have been left in debt because of it. However we the customers have now decided to fight back for what is rightfully ours. With the help of consumer internet forums and TV coverage from the likes of Martin Lewis we the consumer are slowly but surely winning.

My father is fast approaching retirement which for any working class man is a daunting prospect, especially financially.

My father has had numerous loans with MBNA over a period of probably 10 years all with PPI. A product he never needed or asked for.

We are now in the process of trying to get those PPI premiums refunded. However we are struggling. MBNA was very, very happy to take the payment each month for PPI on my father's loans but aren't as forthcoming to paying it back.

As you are aware we have 5 complaints pending about 5 accounts with MBNA.

These have been more or less constantly on hold because of the Judicial Review and any subsequently appeal.

This hold is totally unlawful and illegal. It has not at ANY time been sanctioned or authorised by the MBNA's regulator, the FSA. Yet the MBNA still continue to defy their regulator's rules and show utter contempt and lack of respect and remorse to the thousands of customers who have been sold PPI.

This just isn't good enough. It really isn't. If my father had ever missed a monthly payment (which he NEVER did) on any of his loans, I'm pretty sure MBNA would of addressed the situation immediately to make sure they did get their monthly payment. However when MBNA owe their customers money they hide behind court cases and supposed sanctioned holds by the FSA.

I have just had a call with your Customer Advocate Office and of course was given the same old lines of 'hold' 'judicial review' 'appeal' 'we are waiting to receive further advice' etc. Just as well I recorded the conversation as the lady did say that the current hold on PPI complaints WAS sanctioned and authorised by the FSA. Really? I'm pretty sure when I looked at the FSA website a few mins ago it said it expected banks to process complaints as normal regardless of the Judicial Review or any subsequent appeal.

Please do not tell me that I can take my complaint to the FOS. As we both know they are now totally inundated and overwhelmed with PPI complaints and have a 2 year waiting list. Would MBNA have waited 2 years if my father hadn't been able to pay his loans? I doubt it. I doubt it very much. So why should my father's complaint be placed on an illegal hold? Why should my father have to go through the FOS to wait 2 years to get money that is rightfully is? It just isn't good enough and MBNA should be sorting out my father's complaint with immediate effect without ANY input from the FOS.
I am very frustrated and angry with the way MBNA have treated my father. He's a customer of 10 years who never once missed a payment of any of his loans.
How can you justify putting complaints on hold for months which the FSA have NEVER auhorised or sanctioned?
Please do not send a generic reply.

hear hear soapy,thats the spirit

[leclerc]

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

Just sent this to MBNA.
Probably get a generic reply as per usual.
So bloody ****ed off!




To whom it may concern

Reference number XXXXXX

Account numbers
XXXXXXX, XXXXXXXX, XXXXXXXX, XXXXXXXXX, XXXXXXXX

Let me introduce myself, my name is 'I HATE BANKS' the son of 'I ALSO HATE BANKS' of whom the above accounts belong to. I currently have complaints against MBNA for and on behalf of my father for missold PPI insurance. I have been authorised (numerous) times by my father to have full access to the accounts. Please check your records before writing back that I am not the account holder. I am not the account holder but I am fully authorised to deal with the accounts.
I assume that by "i hate banks" and "I also hate banks" is the real names, lol!
MBNA have left my father and myself with no other choice but put pen to paper so to speak. It's quite ironic that I have to make another formal complaint about an already pending complaint.
This paragraph is irrelevant.
As we are all aware the PPI misseling has rocked both banks and customers for entirely different reasons might I add. The banks have been profiting for years from this infamous product and some customers have been left in debt because of it. However we the customers have now decided to fight back for what is rightfully ours. With the help of consumer internet forums and TV coverage from the likes of Martin Lewis we the consumer are slowly but surely winning.
Completely irrelevant
My father is fast approaching retirement which for any working class man is a daunting prospect, especially financially.

My father has had numerous loans with MBNA over a period of probably 10 years all with PPI. A product he never needed or asked for.

We are now in the process of trying to get those PPI premiums refunded. However we are struggling. MBNA was very, very happy to take the payment each month for PPI on my father's loans but aren't as forthcoming to paying it back.
Why are you struggling cos this needs to be explained.
As you are aware we have 5 complaints pending about 5 accounts with MBNA.
They won't be aware and don't assume that they are. State that you have 5 complaints pending about 5 separate PPI misselling allegations.
These have been more or less constantly on hold because of the Judicial Review and any subsequently appeal.
They are either on hold or they aren't, there is no middle ground.
This hold is totally unlawful and illegal. It has not at ANY time been sanctioned or authorised by the MBNA's regulator, the FSA. Yet the MBNA still continue to defy their regulator's rules and show utter contempt and lack of respect and remorse to the thousands of customers who have been sold PPI.
It isn't illegal or unlawful to put a claim on hold pending the outcome of a legal challenge, however, they certainly do not have a waiver from the regulator to do so. I think your interpretations of what other customers feel is irrelevant since this letter is about your cases and your cases alone.

This just isn't good enough. It really isn't. If my father had ever missed a monthly payment (which he NEVER did) on any of his loans, I'm pretty sure MBNA would of addressed the situation immediately to make sure they did get their monthly payment. However when MBNA owe their customers money they hide behind court cases and supposed sanctioned holds by the FSA.
Since the complaint may not have been dealt with or where the amount of the redress/compensation is at issue, there would be a problem. The same way as if during the period of time bank charges cases were paid out that the amount was disputed then there would be a delay in the resolution of the complaint. I do think you can state your frustration but I don't think it's that relevant in the paragraph above.

I have just had a call with your Customer Advocate Office and of course was given the same old lines of 'hold' 'judicial review' 'appeal' 'we are waiting to receive further advice' etc. Just as well I recorded the conversation as the lady did say that the current hold on PPI complaints WAS sanctioned and authorised by the FSA. Really? I'm pretty sure when I looked at the FSA website a few mins ago it said it expected banks to process complaints as normal regardless of the Judicial Review or any subsequent appeal.

I think you need to state that they have said that the hold on cases was referred but state that you would like the link to where it allows for a hold on complaints around PPI cases on the FSA website. Challenge them to state where it is rather than saying you couldn't find it.(albeit you might want to point them to the link to the letter which states the opposite---http://www.fsa.gov.uk/pages/consumerinformation/product_news/insurance/pdf/fsa_ppi_letter.pdf)
Please do not tell me that I can take my complaint to the FOS. As we both know they are now totally inundated and overwhelmed with PPI complaints and have a 2 year waiting list. Would MBNA have waited 2 years if my father hadn't been able to pay his loans? I doubt it. I doubt it very much. So why should my father's complaint be placed on an illegal hold? Why should my father have to go through the FOS to wait 2 years to get money that is rightfully is? It just isn't good enough and MBNA should be sorting out my father's complaint with immediate effect without ANY input from the FOS.
Why is your complaint not already at the FOS if it has been 8 weeks? Where does the 2 year waiting list come from? It's not an illegal hold(it's not a criminal act) The case is now unlikely to last a further 2 years so the paragraph is irrelevant, however if they have not already dealt with the case in the manner in which the FSA have stated in the letter above then attack them on that specific point.

I am very frustrated and angry with the way MBNA have treated my father. He's a customer of 10 years who never once missed a payment of any of his loans.
How can you justify putting complaints on hold for months which the FSA have NEVER auhorised or sanctioned?Because the legal issues remain unresolved. That last question was too easy.


Please do not send a generic reply.

Banks do not do freehand responses. They will all be templated so you will get a generic response but if you work within the guidelines of the FSA letter and any potential failures in the process then you might make them work harder for their money