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

[Angry Cat]

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

Well, let us hope that it does not go the same way as the OFT bank charges debacle!

[pompeyfaith]

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

Shame there is no where to comment on that bbc article above, very typical of the BBC.

[Amethyst]

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

Not sure if this is already on here ref FSA views on replacement 'debt freeze' products, if not here it is http://www.competition-commission.or..._ppi_order.pdf if it is, enjoy reading it again lol, sorry I havent read every post in the thread YET !

[EXC]

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

Already posted that somewhere - it's the FSA's response to the Competition Commission's draft order consultation - mainly about the seven day embargo for selling PPI. Interesting that the FSA are alert to how the banks plan on getting round it.
------------------------------- merged -------------------------------

COURT 1

Before MR JUSTICE OUSELEY
Tuesday 25 January, 2011
At half past 10
Applications for Permission
CO/10619/2010 The Queen on the application of British Bankers Association v Financial Services Authority

[Amethyst]

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

Cool thought it probably had.


Applications for Permission ??

[EXC]

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

Applications for Permission ??

It's a 'rolled' hearing which combines an application hearing (to seek the court's permission for Judicial Review and which the FSA & FOS will contest) and a substantive hearing (the actual Judicial Review) which will follow should the application be successful.

So in theory it's possible that the applications will be refused and no JR takes place - although this can be appealed.

My guess is that the application against the FSA will succeed but the case against the FOS won't make it past the application stage.

I'm hoping that the ruling on the applications will be given by the end of day 1.

[pompeyfaith]

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

It is somewhat strange that OTR they seem to be well behind on this subject so it goes without saying thank you to all that has posted on this and kept the many members of this site in the know.

It is indeed upto date factual infomation on PPI that will get us all our wins that we so much deserve.

[Chip Tuesday]

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

I agree, I would have thought that the application hearing should take no longer than 1 day, and the FOS have put up such a strong argument against the BBA case against them that frankly I find it hard to beleive that the BBA haven't dropped the action against the FOS yet.

It's getting exciting!

CT

[Amethyst]

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

what do you think to Justice Ouseley then ?

I can't find much about him other than the wikileaks and twitter issues.

[EXC]

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

There's this from some time ago:





32. The test case approach is predicated upon there being a predominantly legal issue. In his judgment in the Norwich and Peterborough Building Society's Judicial Review of the Building Societies Ombudsman, Mr Justice Ouseley said 4 -

"the Ombudsman's decision may sometimes, as here, affect many account holders at one institution and may also affect those of many other institutions. They may be important for the members who will have to bear the cost of substantial compensation. Such decisions call for careful consideration and reasoning: a cheap and cheerful robustness may be inadequate, missing important points, internally contradictory or ill-expressed for the weight the Ombudsman expects it to bear."


FSMA 2 Year Review: Financial Ombudsman Service :: BSA - Building Societies Association

[di30]

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

Sorry if this bit have already been posted, not had the chance to read through all threads.

http://www.fsa.gov.uk/pages/consumer...mplaints.shtml

We have issued a letter to trade associations of those firms that have sold payment protection insurance (PPI).
In particular, the letter is a reminder that, despite the legal challenge to our PPI complaints-handling measures, we still expect firms to carry out a full initial review of all PPI complaints received. Where possible, we expect them to try and resolve the complaint.
The letter is now available from our website.
What does this mean for you?


Despite the legal challenge, you can still complain direct to your firm about PPI as normal. If, having done so, you have been issued with an ‘on hold’ response from your firm, you can refer your complaint to the Financial Ombudsman Service.
The ombudsman service is a free, independent service for settling disputes between financial services firms and their customers.
See our previous update on PPI complaints


What to do if you have received an ‘on hold’ response


http://www.fsa.gov.uk/pages/consumer...ppi_letter.pdf

[di30]

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

As copied from on MSE.......

http://forums.moneysavingexpert.com/....php?t=3002732

GET PAID £100 if you've a PPi claim on hold and are happy to be filmed for TV today

Hi all

Martin's on Daybreak tomorrow talking about the number of people struggling to win their PPI reclaim as banks are stalling.

Is anyone, preferably in the London area, available today (at around 6pm) to take part in a short film to go on Daybreak in the morning?

Please PM (MSE WENDY) if you are interested. It'll really help Martin and Daybreak explain the problems with PPI reclaiming at the moment.

Thanks

[Chip Tuesday]

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

I can't find too much on him to be honest. I thought this was quite surprising considering he's been at his post at the High Court for over a decade. I can't find anything about his perceived reputation though :S

CT

[Amethyst]

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

He doesn't like Twitter - s'about all I can work out lol.


BBA(tho think its just updated the original PR)

Judicial review will decide whether FSA can apply new requirements to past sales

A hearing to determine whether changes in complaints handling demanded by the Financial Services Authority and Financial Ombudsman Service are wrong in law begins in the High Court tomorrow. The British Bankers' Association is asking the court to determine whether the regulators can impose new requirements on firms which go beyond what was stated in the FSA's own rulebook - specifically those on handling complaints about payment protection insurance (PPI) sales.
The BBA said:
"This is an impossible situation for both banks and their customers, as there is no legal clarity about how complaints should be handled.
"Customers expect their complaints to be handled on a fair and consistent basis, and our members are committed to doing so. But our members’ actions must be assessed on the basis of a proper understanding of the relevant law and regulation. We do not believe the FSA or the FOS have properly applied the law in this area, but we have been unable to reach agreement with them on this point.
"To date, the UK banking industry has implemented every reform on PPI sales and complaint handling required by the regulators. It has now been told to implement changes which would effectively apply new standards to past sales. We feel that these go beyond the rules and regulatory requirements which were developed by the regulator over time, and we believe this to be wrong in law.
"We have been left with no option but to test the true legal position through the judicial review process, having exhausted all other avenues for discussion. No one wants to go to court but the law needs to be clear."
In the meantime BBA members continue to handle all PPI-related complaints in accordance with FSA rules. Where the assessment of the complaint would not be affected by the judicial review, these complaints will be handled in the normal way. If the complaint will be affected by the judicial review, and cannot be resolved at this point, then the bank will write to inform the customer. It remains a matter for individual BBA members to determine the details of how to handle complaints by their customers. But customers should be assured that all complaints will be reviewed - even those delayed by this judicial review process.
There is no deadline for receipt of complaints. If customers have a problem regarding PPI they should contact their bank and, if necessary, complain in the normal way.
Notes to Editors

The BBA has asked for a judicial review of the FSA policy statement on PPI complaints and guidance published by the Financial Ombudsman Service. The hearing begins tomorrow (Tuesday 25th January 2011) at the High Court in London.
The BBA has produced a factsheet explaing why it is bringing this judicial review.

Payment Protection Insurance (PPI) Factsheet

[EXC]

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

It remains a matter for individual BBA members to determine the details of how to handle complaints by their customers.

Phew! That's reassuring then.