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

[SoapyBubbles]

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

Afternoon extremely knowledgeable and information loaded guys and girls.

Firstly let me say a massive thank you for the wealth of information that is supplied in these forums. It is amazing and helps the average Joes like myself keep up to date-especially with the PPI scandal. So a big thank you to all of you.

Hopefully I'm not hi-jacking this thread but just would like to put my situation forward and get views from you people in the know.

I'm currently in the process of claiming back PPI payments from both FirstPlus and MBNA on behalf of my parents. The FirstPlus PPI is still being paid as the loan was took out about 4 years ago and is being being paid over 10 years. He is only insured for 5 years with the PPI buy paying it over 10 years at a cost of £80 per month. The MBNA PPI was for loans with them over a period of 10 years and all the accounts with MBNA are now settled. Both MBNA and FirstPlus missold the PPI as the payments including interest were not clearly explained and my parents were made to feel that PPI was compulsory and that their application couldn't be processed without PPI.

During the 8 weeks from when I first complained to FirstPlus I have had a few phone conversations and letters from FirstPlus. The letters have just been the usual postponing letters however I did receive a letter a week after the 8 week time limit from FirstPlus informing me that my complaint is on hold because of the judicial review. No mention of time limits the only thing that they mentioned was that I was able to take my case up with the FOS as FirstPlus had took longer than the 8 weeks.

With the phone calls I had with FirstPlus they informed me that they would check all conversations my dad had with FirstPlus with reference to the loan application to see if the PPI was missold. I asked could I have access to these recordings and I was told only if my complaint was not upheld.

Surely if there had been anything in the phone calls that FirstPlus could of used to show they DIDN'T mis-sell the PPI they would of loved nothing more than informing my dad of this? Regardless of the judicial review. Surely if they could close the case now with whatever proof they had that it wasn't missold they would of absolutely jumped at the chance?


MBNA have had their 8 week time limit also and I have received nothing back. So I am expecting a letter soon saying it is on hold because of the judicial review.

I have not took either of my cases up with the FOS yet as I have heard this could take even longer for it to be resolved.

Your views, comments and advice are greatly appreciated.

Thanks for reading
SoapyBubbles

[EXC]

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

With regard to the phone recordings I would send a Subject Access Request and make sure it specifically includes any telephone recordings. An SAR must be made by the person who is the subject of the information. It can cost up to £10 but could be well worth it.

Although the FOS can take a long time, in my view the Judicial Review proceedings could take even longer with appeals etc.

[SoapyBubbles]

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

With regard to the phone recordings I would send a Subject Access Request and make sure it specifically includes any telephone recordings. An SAR must be made by the person who is the subject of the information. It can cost up to £10 but could be well worth it.

Although the FOS can take a long time, in my view the Judicial Review proceedings could take even longer with appeals etc.

Hello. Thanks for your reply. If I do request a SAR will this help when I take my case up with the FOS?

Is the FOS still processing claims and making the banks pay out whilst merely brushing the judicial review to the side?

What's the average time limit with the FOS as I know they are snowed (excuse the pun) under with PPI complaints? Bloody stupid banks! Why can't they just pay out without the FOS having to give them a kick up the a**e!?

[pompeyfaith]

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

Exc

Good advice. Soapy get that SAR off asap to get all the data they hold as this will also help in any complaint you refer to the FOS which you are now entitled to do

As Exc says any JR is likely to not be a quick fix if the bank charges court case is anything to go by because if the FSA win the banks are likely to appeal

[SoapyBubbles]

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

Exc

Good advice. Soapy get that SAR off asap to get all the data they hold as this will also help in any complaint you refer to the FOS which you are now entitled to do

As Exc says any JR is likely to not be a quick fix if the bank charges court case is anything to go by because if the FSA win the banks are likely to appeal

Thanks for the advice.

Can I request a SAR for and on behalf of my parents? FirstPlus have a letter of authority advising them that I am dealing with the account and any complaints on the account.

Also call me a little silly and I'm sure loads of people have asked this but how come the banks can say they are not dealing with PPI complaints because of the judicial review but yet the FOS CAN deal with PPI complaints? Surely the banks are only prolonging their own agnony? Or is there PPI complaints which the FOS could also put on hold because of the judicial review?

Also (sorry for all the questions LoL) how come Satander is processing PPI complaints within their own network and are not using the excuse of the judicial review? Does Santander know something that all the other banks don't? Doesn't make for good publicity when all the banks aren't singing from the same hymn sheet? Surely if Santander thought they could use the judicial review as a delaying contact and save millions as a result they would also be delaying all PPI complaints against them?

[shell]

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

Hi Soapy.

As someone who has successfully claimed back ppi from first plus, I can tell you you need to SAR them. You also have to insist in your claim letter that they send you all the recordings they have on you (your parents). If you do have to phone them, ask if the conversation is being recorded, if not, ask them to record it. At the end of the conversation ask for a copy of the recording. do it every time as they tell you one thing and then later say they never said that. They also have to give you copies of any calls they record if you ask for them.

[Turboman]

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

Thanks for the advice.

Can I request a SAR for and on behalf of my parents? FirstPlus have a letter of authority advising them that I am dealing with the account and any complaints on the account.

Also call me a little silly and I'm sure loads of people have asked this but how come the banks can say they are not dealing with PPI complaints because of the judicial review but yet the FOS CAN deal with PPI complaints? Surely the banks are only prolonging their own agnony? Or is there PPI complaints which the FOS could also put on hold because of the judicial review?

Also (sorry for all the questions LoL) how come Satander is processing PPI complaints within their own network and are not using the excuse of the judicial review? Does Santander know something that all the other banks don't? Doesn't make for good publicity when all the banks aren't singing from the same hymn sheet? Surely if Santander thought they could use the judicial review as a delaying contact and save millions as a result they would also be delaying all PPI complaints against them?

Hi Soapy

Yes you can ask on behalf of parents--but you need to also send a simple signed Power of Attorney letter ( I have one if you want)

But I've been there with my son--and to be honest its more trouble than its worth cos they muck you about something awful-- treat you as though you were a Claims management Company -who of course have to work through Power of Attorney

Best thing is--draft out the letters---but get them to sign them not you.

[SoapyBubbles]

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

Evening Turbo.

Thank you for the info. Greatly received.

FirstPlus already have 2 'letters of authority' which states that I have control of my parents FirstPlus account. Took a bit of time before FirstPlus would even talk to me on the phone but eventually they give in.

As they have a 'letter of authority' authorising I have control of the account would I also have to send a signed Power of Attorney letter to get my request for a SAR fulfilled?

[EXC]

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

Hello. Thanks for your reply. If I do request a SAR will this help when I take my case up with the FOS?

Is the FOS still processing claims and making the banks pay out whilst merely brushing the judicial review to the side?

What's the average time limit with the FOS as I know they are snowed (excuse the pun) under with PPI complaints? Bloody stupid banks! Why can't they just pay out without the FOS having to give them a kick up the a**e!?

Don't wait for the information obtained by the SAR before you go to the FOS. You can forward it as and when. One of the reasons the FOS take so long is waiting for banks to respond to requests for information so this way you're probably saving yourself & the FOS time. It's impossible to even estimate how long it will take the FOS but they aim at 6 months.

The FOS is dealing with all PPI complaints regardless of the Judicial Review.

[pompeyfaith]

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

The reason santander are carrying on as usual i believe is that they took over the business of aliance and leicester and they were fined by the fsa for poor ppi practices and do not want to be stepping on the fsa toes again

[Turboman]

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

Evening Turbo.

Thank you for the info. Greatly received.

FirstPlus already have 2 'letters of authority' which states that I have control of my parents FirstPlus account. Took a bit of time before FirstPlus would even talk to me on the phone but eventually they give in.

As they have a 'letter of authority' authorising I have control of the account would I also have to send a signed Power of Attorney letter to get my request for a SAR fulfilled?

No probably ok with what you got---but where Halifax & Nationwide mucked me about was when they passed me from:

SAR dept to
Claiming Dept to
Litigation Dept to
Accounts dept
etc

& each dept claimed no knowledge of the original POA letter in the first instance.-

I advise starting every letter referencing Authority Letter & Lenders acceptance letter (Firstplus in your case - MBNA to be followed up no doubt) & enclosing a copy every time

PS---SoapBubbles---you are in fact within a thread about FOS Judicial review(no probs) -

-but you now need to start your very own new threads (new topic) now in the appropiate forum here-

-just about Firstplus- & another one for MBNA as the ensuing events will be different for each

- repeat your main info here again there -for continuity- though, so people will follow all info in a self contained thread

http://www.legalbeagles.info/forums/...play.php?f=125

Good luck!

[EXC]

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

I've no idea if this story has any factual basis ie FSA warning of enforcement action but Compliancy Services would obviously have a working relationship with FSA.



''UK banks could face legal challenges over compliance with new Financial Services Authority (FSA) rules over payment protection insurance (PPI).The FSA recently announced proposals, due to come into force on December 1st, which set out new guidelines on how banks deal with complaints from customers who believe they have been mis-sold PPI.

It comes after a large number of complaints were rejected by companies but later upheld in the consumer's favour by the Financial Ombudsman Service as it had been found that banks had sold PPI to customers who did not need it.

However, the British Bankers' Association (BBA), has launched a Judicial Review of the rules due to fears they could be applied retrospectively, leading to massive payouts to customers.

As such, it is refusing to implement the rules until the result of the review, reports the Financial Times.

"While there is a legal challenge, the issue of implementing the rules falls away," the BBA told the news provider.

Despite this, the FSA has said it expects companies to apply the new guidance from December 1st and warned it will take enforcement action if necessary.

According to the regulator, in the last five years there have been more than a million complaints made to firms about PPI.''


Banks to defy FSA over PPI rules

[Chip Tuesday]

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

Morning all!

On the FT Adviser site there is an article titled "FSA demands review of protection advice" http://www.ftadviser.com/FinancialAd...ion-advice.jsp

It mentions an open letter sent to compliance officers on the 29th (yesterday), but this does not appear on the FSA website. What do you guys think: misunderstood reporter or lazy FSA webmaster?!

CT

[EXC]

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

I think it relates to health insurance as opposed to PPI.

[Footynut]

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

Do we know if the lenders that are currently looking at each case on an individual basis will continue to do so from tomorrow? or will they now put everything on hold like Lloydstsb?