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

[MrZ]

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

I have a case in court at the moment where the lender says, "it wasnt us, it was the broker".

I did NOT go through a broker...FACT.

Not all consumers making claims are aware of how to deal with this type of tactic, I certainly wasnt at first.

Every case is unique, there is no "one size fits all" approach to a claim.

Also, I dont think it helps to slag off other sites/fora that are offering help and advice. I suspect there are far more PPI success than there are losses at any rate.

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

Most of us never had contact with the broker though, even with so-called non-advised PPI sales.

[EXC]

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

Another PPI case lost in court.

Seems like they made the mistake of following CAG's advice and took the lender - rather than the broker who actually sold the PPI - to court.

''HHJ Maloney QC in Cambridge County Court decided the case of Conway v Paragon Personal Finance Limited, which is unreported, favourably to the lender in July. In that case the court considered that ICOBS was not applicable to a lender where the borrower had contact with a broker and that the borrower’s vulnerability is key in determining whether commission should be disclosed.''

Optima Legal - Payment protection insurance?

[dogtired]

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

I got a reply from BOS of course thy have done nothing wrong as the ppi had no link on the amount still outstanding(?) going to write again with the proviso that I will now esculate it to FOS, keep on with paying them (cannot see them turning it down) nothing for RW as yet but no doubt there will be communicationg soon.
Would like to how much they "paid" for it!
DT

[gazdarke]

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

Got this email yesterday from the FOS.



Dear Mr xxxxx

RBS has confirmed that it is not prepared to change its decision on the complaint, so it will be necessary for a final decision to be issued on this.

It has provided further information in support of its position, so the matter will need to be considered by an ombudsman and a decision issued. This is likely to be done shortly and I would hope within the next month.


What further information have they got? The Adjudicator has already told them they have mis-sold it twice!

G

[dogtired]

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

The FOS need to be informed because if the debt has been sold to robinson way then I don't believe that they should have done that based on the PPI complaint being sent. Tell Robinson Way that the FOS are involved in the issue and that you will give them £0.00 as a gesture of goodwill(no typo on that amount btw).
Does the PPI claim finish the loan, ie is sufficient to settle the loan?

Dont know yet, they want up to eight weeks if I get another letter from Robinson Way i will do the £0.00 thing though!

[skv123]

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

Does anyone know whether Keyman Insurance sold with a lease of equipment to a sole trader businessman is PPI in the sense that it can be reclaimed if mis-sold. Also, if it is, does it fall under the FSA/FOS, or will one be back with the dear old FLA?
JDEH

I'm dealing with a claim against a keyman policy sold by Lombard in 2002. Presently the FOS are looking into jurisdiction issues surrounding RBS.. its been with the FOS about a year so far an i expect we are looking at probably another 18months

[leclerc]

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

Now had phone message and e-mail from FOS.
BOS have now agreed to uphold PPI claim.
But what happens one was with Cabot and the other with Sainsbury?

Who, without notice appear to have "sold" it to Robinson Hall. I have had no formal notice of deed of assignment about this.
I have escalated this to a full complaint or am I wrong in my belief that whilst this was in the process of pi claim it was classed as a complaint and they should not have done this?
Do i continue with the agreed payment i do have (this is actually due for review at the end of this month.)
DT xxx

The FOS need to be informed because if the debt has been sold to robinson way then I don't believe that they should have done that based on the PPI complaint being sent. Tell Robinson Way that the FOS are involved in the issue and that you will give them £0.00 as a gesture of goodwill(no typo on that amount btw).
Does the PPI claim finish the loan, ie is sufficient to settle the loan?

[dogtired]

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

Now had phone message and e-mail from FOS.
BOS have now agreed to uphold PPI claim.
But what happens one was with Cabot and the other with Sainsbury?

Who, without notice appear to have "sold" it to Robinson Hall. I have had no formal notice of deed of assignment about this.
I have escalated this to a full complaint or am I wrong in my belief that whilst this was in the process of pi claim it was classed as a complaint and they should not have done this?
Do i continue with the agreed payment i do have (this is actually due for review at the end of this month.)
DT xxx

Anyone?

[dogtired]

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

Now had phone message and e-mail from FOS.
BOS have now agreed to uphold PPI claim.
But what happens one was with Cabot and the other with Sainsbury?

Who, without notice appear to have "sold" it to Robinson Hall. I have had no formal notice of deed of assignment about this.
I have escalated this to a full complaint or am I wrong in my belief that whilst this was in the process of pi claim it was classed as a complaint and they should not have done this?
Do i continue with the agreed payment i do have (this is actually due for review at the end of this month.)
DT xxx

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

In general terms they are incorrect. Emphasis supplied:


...our view is that this is unlikely to apply to consumers generally (though that is ultimately a decision for the FOS to make concerning complaints referred to it)...

thx.
lets hope the FOS agree.

[EXC]

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

They say they are not obliged to refund me PPI going back more than 6 years, hence the £170. They have ignored 2002-2004 when the worst premiums were levied.

Is this correct?

In general terms they are incorrect. Emphasis supplied:


Time barring and pre-2005 sales
Some firms argued that complaints about pre-2005 sales should not be included in the
scope of our Handbook provisions because they are all or mostly already out of time to be
considered on their merits (i.e. they are ‘time barred’ under our existing DISP rules).*33
We disagree with this view. Decisions concerning the time barring of individual
complaints are ultimately for the FOS to make, but in general terms, our view (as set
out in CP10/6 para 3.14), is that general media coverage of the PPI issue, including
comments or publications by us, would not be enough to have given a consumer the kind
of specific ‘constructive knowledge’ required by DISP’s time limits.*34

Accordingly, while some consumers who bought PPI before January 2005 may, on an
assessment of their individual circumstances and events, be deemed to have had appropriate
awareness before January 2008, such that they will be out of time by January 2011, our
view is that this is unlikely to apply to consumers generally (though that is ultimately a
decision for the FOS to make concerning complaints referred to it).

Conclusion on pre-2005 sales
There is nothing in firms’ responses which leads us to consider it necessary to retract
from our statement in the open letter concerning pre-2005 sales or to carve out
complaints about these sales from the scope of our final provisions. To do either would
leave substantially unaddressed the poor handling of a very significant proportion of PPI
complaints, and thus the significant potential consumer detriment caused by many of
these sales.

*33 DISP specifies that complainants will have the longer of 6 years from the event giving rise to the complaint (in
this case the sale) or 3 yrs from when they knew (or ought reasonably to have known) that they had cause for
complaint, in which to complain to the FOS. Firms may reject a complaint without considering the merits if they
receive a complaint outside these time limits.

*34 In our view, for a customer to be aware for the purposes of starting the three year time limit running for a potential
PPI mis-selling complaint, they would need to have become, or been made, aware of both a potential problem with
the sale of their policy and potential financial loss resulting from that. This is consistent with the approach we took
to, for example, the time barring of mortgage endowment complaints.

http://www.fsa.gov.uk/pubs/policy/ps10_12.pdf

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

I have a claim for £1,700 PPI inclusive of stat interest with First Direct. Yesterday I got a letter from them offering me a derisory £170 inclusive of stat interest.

PPI on my First Direct credit card paid between 2002 - 2006.

They say they are not obliged to refund me PPI going back more than 6 years, hence the £170. They have ignored 2002-2004 when the worst premiums were levied.

Is this correct?

I have in any event fired off my complaint to the FOS (again, as they had returned the original quezzy and complaint form because of the final response August deadline granted to First Direct).

[JDEH]

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

Does anyone know whether Keyman Insurance sold with a lease of equipment to a sole trader businessman is PPI in the sense that it can be reclaimed if mis-sold. Also, if it is, does it fall under the FSA/FOS, or will one be back with the dear old FLA?
JDEH

[leclerc]

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

At the end of this month all PPI claims from the JR time should have been dealt with.....wonder if that will actually be the case or whether the FOS are ready for more of a deluge of people contacting them.