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

[Amethyst]

Re: Copies of official Judicial Review paperwork - Bba/Banks v FSA/FOS

FOS Grounds are http://www.legalbeagles.info/FOS_JR_...galBeagles.pdf Not sure if that's what you are after. The others (FSA/Nemo etc) are stickied at top of this forum from December.

George was at the hearing on Thursday.

I don't believe any other documents will be released until after the judgement.


(damn it posted on wrong thread !!! will move it lol - done, now Pomps post looks out of place sorryyyyyyyyyyy)

[pompeyfaith]

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

FOS grounds are on the post by Ame

http://www.legalbeagles.info/forums/...ad.php?t=25276

[pompeyfaith]

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

For Reference to above:

228

Determination under the compulsory jurisdiction.E+W+S+N.I.

(1)This section applies only in relation to the compulsory jurisdiction.

(2)A complaint is to be determined by reference to what is, in the opinion of the ombudsman, fair and reasonable in all the circumstances of the case.

(3)When the ombudsman has determined a complaint he must give a written statement of his determination to the respondent and to the complainant.

(4)The statement must—

(a)give the ombudsman’s reasons for his determination;

(b)be signed by him; and

(c)require the complainant to notify him in writing, before a date specified in the statement, whether he accepts or rejects the determination.

(5)If the complainant notifies the ombudsman that he accepts the determination, it is binding on the respondent and the complainant and final.

(6)If, by the specified date, the complainant has not notified the ombudsman of his acceptance or rejection of the determination he is to be treated as having rejected it.

(7)The ombudsman must notify the respondent of the outcome.

(8)A copy of the determination on which appears a certificate signed by an ombudsman is evidence (or in Scotland sufficient evidence) that the determination was made under the scheme.

(9)Such a certificate purporting to be signed by an ombudsman is to be taken to have been duly signed unless the contrary is shown.

[george]

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

Class Act - my comments are based on my notes from the actual hearing itself. This was the FoS response to the BBA claim that under the FSMA they should not have to give redress based on a principle. What was interesting on Friday was that not one of the BBA guys challenged these figures. Sorry not responded before - busy day today.

[Class Act]

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

Class Act - my comments are based on my notes from the actual hearing itself. This was the FoS response to the BBA claim that under the FSMA they should not have to give redress based on a principle. What was interesting on Friday was that not one of the BBA guys challenged these figures. Sorry not responded before - busy day today.

App when the judge asked the BBA council if quashing the PS would make any difference they could not answer him!!! i think this is an exercise to get out of any root cause analysis!!!!! plain and simple.

[Angry Cat]

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

We all have to be patient; wait and see!

[MBD23]

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

MBD you have stated this in a previous post and I asked you to state you source and/or reasoning

We would all be grateful if you could now please

because of many reasons 1) the fos backlog even if you did get heard probably wouldnt come before the judicial review is over 2) lenders not coopearing with fos until judicial review is over 3) fos looking for reasons to kick out claims until judicial review is over

unless you have a 6 month ticking time clcok smdl , and even then you could wait a while, you may as well wait until the judicial review is over imho then contact the lender for a final response

[pompeyfaith]

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

lol Amethyst no worries at least we are both on the same track :tinysmile_grin_t:

[pompeyfaith]

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

1) the fos backlog even if you did get heard probably wouldnt come before the judicial review is over

Well that has been the case JR or no JR it is a well known fact that complaints via the FOS will take at least 12/18 mths to reach adjudication stage mine had been with the FOS since Dec 07 the time it takes to resolve a complaint all depends on the complexity of the complaint some can take just 6 mths if it is with say a company that has already been fined for breaches and some like mine can take a lot longer

2) lenders not coopearing with fos until judicial review is over

That they may try, but the FSA and FOS has made it very clear where they stand and publicly stated that the JR is not an excuse to hold claims and they should be handled as was and fines will be in order for companies that do not comply.

3) fos looking for reasons to kick out claims until judicial review is over

Not sure where you have heard that but again as above the FOS has made it clear if the company has not responded within 8 weeks or refused to citing the JR the complaint can be brought to the FOS where it will be dealt with as per the FSMA.

[MBD23]

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

thats the reality of the situation
whether there has always been a fos backlog or not, its not really relevent, the backlog has got worse , and heres a new point, you may as well wait until the JR is over as you will get a decision back sooner from the JR than you will from FOS , and the lender could always decide once the JR is over not to deal with you, as the case is in the queue at fos, whats the point of taking this risk?
it doesnt really matter what Fos are saying this is the reality of the situation on the ground, Fos threats are irrelevent, they are not signing up to the outcomes...so fos wary of issuing any outcomes eg Fos rule the complaint should be upheld, the lender does not respond to their view, or if they respond advise they will not accept until after judicial review ( dont forget Fos are part of the judicial review) not just fsa
and ye Fos are looking for reasons to kick things back, this is our experience on the ground, more and more are being returned by fos as they look for reasons to return, and less and less are being upheld, as Fos have been backed into a corner by the lenders

its the tail wagging the dog, dont see why you seem determind to wanna roa about this, as this is what is happening on the ground, forget what fos say, this is the reality, fos would say what they are saying, they have to really, however their point about running out of money in 6 weeks as no lenders accepting their decisions shows what the reality is really like.

yes some claims are being won at fos and being accepted by lenders but a very very small %
and in terms of sending a claim in now, as said previously id just wait till the outcome of the JR then contact the lender for the final response.

only reason to send anything to fos right now is if you have a ticking deadline

[MBD23]

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

this is from a fos letter

" Since my letter to you dated to you XXXX I have written to lloyds TSB to recommend that mr XXXX complaint should be upheld. Lloyds TSB has until XX XXXXX to respond to my view. After XXX XXX I will write to you again to confirm any response from lloyds TSB and what the next steps in the process will be"

[Paul210]

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

sorry to jump into someone elses argument guys (pompy - MBD23) but think there are some valid questions from Pompey and some good points in reponse which maybe could be explained a bit better to avoid misunderstanding.

1. FOS delay

Admittedly FOS have always had delays and cases can take ridiculous amounts of time (Pompeys adjudiction as case in point) however as a result of JR FOS have seen massive upsurge in number of cases received (estimates vary from 2,500-3000 ppi cases per week) so any previous delays are likely to be significantly worse as we stand now. I think the point MBD23 is trying to make is if you refer to FOS and get caught in what may well be a 2 year queue then the lender will down tools on the complaint, rather than if the JR issue is sorted before then the lender may well issue a Final Response in your favour. This is a personal gamble that each complainant will have to make a judgement call on themselves.

2. Lenders not co-opering with FOS

Yes FSA have said will fine lenders who do not issue Final Responses in time, irrespective of JR or not, however as weve seen what the FSA says and what lenders do dont tally, if the lenders were really concerned about FSA threats why are most still refusing to issue Final Responses?

3. FOS looking to kick out cases.

This is more a theory than anything proovable, many in the CMC industry beleive as a result of the massive workload and funding problems for FOS they are going to look to clear the decks as quicly as possible and the easiest way to do this is to reject claims for the most minor reasons, particulary as many lenders refuse to accept FOS decisions by assessors meaning cases having to go to lenghty (and costly) adjudication. Personally I'm not too sure about this one but it is a common feeling amongst many in the CMC industry.

Hope this helps

[MBD23]

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

this is also interesting which some people may not have seen before - from EGG

Having carried out a review of your complaint , I am able to confirm that your complaint has been upheld.
Howewver you may be aware that on 8 oct a judicial review of complaints handling was issued.....As a consequenece there is uncertainty as to the rules applicable to how we should calculate any refund in relation to your complaint, however as soonas the outcome of the judicial review process is final, we shall calculate the refund owed to you

[Paul210]

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

Very odd, the JR relates to rules to find if redress due, as far as I'm aware shouldn't effect the calculations used to get to refund amount,

[MBD23]

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

3. FOS looking to kick out cases.

This is more a theory than anything proovable, many in the CMC industry beleive as a result of the massive workload and funding problems for FOS they are going to look to clear the decks as quicly as possible and the easiest way to do this is to reject claims for the most minor reasons, particulary as many lenders refuse to accept FOS decisions by assessors meaning cases having to go to lenghty (and costly) adjudication. Personally I'm not too sure about this one but it is a common feeling amongst many in the CMC industry.



this is from my experience on the ground, the number of rejections coming back from fos compared to previously is far higher, before hand it seeemed they looked to find reasons to award in the claimants favour, now it seems they look for reasons to kick it back. this isnt just a gut feel, we can see this from the numbers coming back through our office in relation to complaints submitted to fos
------------------------------- merged -------------------------------
a further letter from FOS - more proof - dated 7th Jan

I wrote to Bank of Scotland on 23 Nov recommending that it makes a settlement to XXXXX
Bank of Scotland has not responded to my view therefore the complaint will now be referred to the of our ombudsman for a final decision

Business as usual? Not on your nelly!!