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

[leclerc]

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

Its all well and good FOSing it, but like I said, the JR will prevent FOS from doing their job properly. I think we are faced with 18 month delays, at least.

That will depend whether the financial provider is within or outside the PPI Judicial Review.
Santander are certainly not so claims against them are still ongoing with no hold on responses.

[mids]

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

OK perhaps I should have said '90%' of claims.

[leclerc]

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

OK perhaps I should have said '90%' of claims.

am trying to work out that figure, lol!!
But 10% of claims being with Santander does seem quite large....wow!

[EXC]

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

Some PPI providers other than those who come under the BBA umbrella are suspending complaints pending the JR. Justified or not, all PPI providers' (not just banks') complaints handling procedures are subject to the FSA's Policy Statement and the FOS guidance and therefore are relevant to the outcome of the JR.

The FOS statement cardinals posted would appear to mean that delays to resolving complaints only apply to cases where a final determination by the provider had not been given to the complainant, which would necessarily involve complaints suspended due to the JR and presumably cases that weren't but the provider has failed to give a definitive response.

[EXC]

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

am trying to work out that figure, lol!!
But 10% of claims being with Santander does seem quite large....wow!

It can't be even close to 10%. Santander didn't even get a mention in the OFT's market share stats - at least for 2005.

Page 19 http://www.oft.gov.uk/shared_oft/rep...cts/oft869.pdf

With only a minimal market share Santander can't have much exposure to PPI complaints so didn't have much to lose in not supporting the JR.

[Bonce]

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

Are we forgetting that A&L are part of the Santander Group and were fined £7 million for thier dealings with PPI, that is 10 times the amount of the next biggest fine as far as i'm aware, so there must be a decent amount of claims with A&L.

[EXC]

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

A&L were fined for breaches that occurred prior to them being taken over by Santander.

[Chip Tuesday]

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

any news of the grounds of resistence?

CT

[EXC]

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

any news of the grounds of resistence?

CT

Not yet.

[Chip Tuesday]

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

That's a shame. The BBC are getting on the FOS bandwaggon! http://www.bbc.co.uk/news/business-11989657

CT

[Chip Tuesday]

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

Love it - the Shopshire Star are on it too!!
http://www.shropshirestar.com/money/...by-complaints/

CT

[pompeyfaith]

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

Taken from the Q & A page in issue 91 of Ombudsman News.

Q. What’s the latest on the judicial review
on payment protection insurance (PPI)
complaints – being brought by the British
Bankers Association (BBA) against the FSA
and the ombudsman? And how is it affecting
PPI complaints with the ombudsman?

On 8 October 2010 – on behalf of a number
of high-street banks – the British Bankers
Association (BBA) filed papers in the High Court
requesting a judicial review of the Financial
Services Authority (FSA) and the Financial
Ombudsman Service.
This is a legal challenge relating to:
■■ the FSA’s new payment protection insurance
(PPI) complaints-handling measures that came
into force on 1 December 2010 and
■■ information on our website about the approach
we take to consumers’ complaints that they
have been sold PPI policies inappropriately.
The judicial review is scheduled to take place
in the High Court in London during the week
beginning Monday 24 January 2011.
At the time the BBA launched its legal challenge,
we confirmed that we would continue to deal with
PPI complaints, while awaiting the outcome of the
court case. This has meant we have continued to
receive and process new PPI cases – now being
referred to us at a rate of up to 2,500 each week.
This number has been increasing. Many businesses
are continuing to handle complaints as normal
but some have decided that they will not respond
substantively to many PPI complaints until the
final legal outcome is known.
The consumers in these cases can still bring
their complaints to us – but only once they have
first given the business eight weeks (the time the
business has to sort out complaints under the
FSA’s ‘DISP’ complaints rules).
The increase in PPI cases referred to us by
consumers, where the businesses involved have
not set out their conclusions on the complaints
by the end of that eight-week period, means that
the rate at which we can settle these cases is now
slowing down.
Where businesses do not set out clear views on
cases, it will be difficult for our adjudicators to
resolve cases informally. Inevitably this can only
result in further delays and additional costs.
We regret any reduction in service levels for
customers with PPI complaints. Consumers
and businesses with complaints about all other
financial products and services will remain
unaffected by this.

[Amethyst]

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

I havent kept up with this thread so apologies if this is already said elsewhere, I just think its particularly relevant that Nemo finance is applying to be heard at the JR Application as an interested party.

[EXC]

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

I just think its particularly relevant that Nemo finance is applying to be heard at the JR Application as an interested party.

I'm not sure anyone could apply to be an interested party now.

65 ''There may be other interested parties and under CPR 54.6 the claimant is obliged to state the name and address of any person he considers to be an interested party. Such parties would be entitled to take part in the judicial review and would be obliged to file an acknowledgment of service''

http://www.parliament.uk/documents/c...6/rp06-044.pdf

The BBA claim form didn't name any interested parties and according to CPR 54.6 they should have done, so it looks like they've missed the boat.

Claim form

54.6

(1) In addition to the matters set out in rule 8.2 (contents of the claim form) the claimant must also state –
(a) the name and address of any person he considers to be an interested party;


PART 54 - JUDICIAL REVIEW AND STATUTORY REVIEW - Ministry of Justice

[di30]

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

NEMO, my worst nightmare!!!

Nothing surprises me with them.