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

[dogtired]

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

Another question if a credit card ( bank of scotland) has been sold on (in this case to cabot) if successful does it go to Cabit or to me?
In the middle of "unenforeble" complaint with FOS and yesterday he tells me that HBOS are going to confirm they sold it to them, this has taken a year already should it not have heard sooner?

[Paul210]

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

Nice to hear these are starting.

Any sign of any from other major lenders as yet?

I've seen lots of Loans.co.uk uphold letters but those letters mean we are still months from people actually getting their refunds..

other than MBNA nothing from a case where they actually confirmed held due to JR.
------------------------------- merged -------------------------------

Paul210 - so would I be correct in thinking that Barclays have without your acceptance added redress into your account. Are you certain that the redress they have paid you is correct. Are you happy that they paid it into your account rather than sending you a cheque and are you not a little surprised that they have done this without your agreement - or am I missing something?

This was a claim on behalf of a client so not mine personally but basically, yes that is what happened, its ocmmon for the banks to be happier to pay into a current account rather than by cheque, especially where the current account is held with the same lender and also where there is an overdraft they can clear by doing that (theyre not as daft as they look these banks!)

Correct, there was no acceptance, the letter effectively says this is their offer, this is what they are doing, if unhappy then can refer to FOS, dont think FOS would interfere with payment menthod, only really of any use if need to query calculations, however on this case barlcays gave everything FOS would award anyway and their calculations were spot on.

[Paul210]

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

Another question if a credit card ( bank of scotland) has been sold on (in this case to cabot) if successful does it go to Cabit or to me?
In the middle of "unenforeble" complaint with FOS and yesterday he tells me that HBOS are going to confirm they sold it to them, this has taken a year already should it not have heard sooner?

I'd fully expect them to send the money to Cabot as usually this would be offset against the arrears. As yet the unenforceablilty issues have not been dealt with so this would still be the case until this has been resolved.

There are differing views on here as to whether an assigned debt carrys an assignment to the right of setoff for something like a ppi reclaim however imho if push came to shove a judge would argue that had the account been maintained then offset would have applied so its unfair to punish cabot by removing that right now just because the terms were defaulted on.

[dogtired]

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

I'd fully expect them to send the money to Cabot as usually this would be offset against the arrears. As yet the enforceability issues have not been dealt with so this would still be the case until this has been resolved.

There are differing views on here as to whether an assigned debt carrys an assignment to the right of setoff for something like a ppi reclaim however imho if push came to shove a judge would argue that had the account been maintained then offset would have applied so its unfair to punish Cabot by removing that right now just because the terms were defaulted on.

I would dearly love to be able to "punish" Cabot as if they had provided the documents requested over a year ago it would have never have got this far.
They have, as appears to be usual bullied and harassed me so in the end I paid them, wish I hadn't as by now it would have been statute barred anyway.
Still waiting to see what transpires but in the end just want shut of it.

[Paul210]

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

That does seem to be he way with Cabot, they arent the most popular company ive come across, hopefully i'm wrong in this case and BOS pay you direct.

[stevesouth33]

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

Fellow beagles, got home tonight to see a letter from M&S money, yay I thought. Claim rejected, basically on my complaint I said it had been an internet application and it was not - so my mistake. So out of hand on that basis they have said that the sale was 'non advised' therefore no advice or reccomendation could have been given as they were not present and I filled the application in in my own time. They have even sent me the copy of my signature on the application form beside the PPI bit, where it says they "Strongly reccomend that I take out the cover by signing below", that sort of seems like advice, maybe even strong advice. The application was from 2004. Would be really grateful for advice as I cannot figure out why they put this on hold if they were always going to reject it, but also how can they say that they did not reccomend the policy. Any advice would be much appreciated. Should I write back to them or go to the FOS?

M&S Money B*****S

[cappo]

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

Fellow beagles, got home tonight to see a letter from M&S money, yay I thought. Claim rejected, basically on my complaint I said it had been an internet application and it was not - so my mistake. So out of hand on that basis they have said that the sale was 'non advised' therefore no advice or reccomendation could have been given as they were not present and I filled the application in in my own time. They have even sent me the copy of my signature on the application form beside the PPI bit, where it says they "Strongly reccomend that I take out the cover by signing below", that sort of seems like advice, maybe even strong advice. The application was from 2004. Would be really grateful for advice as I cannot figure out why they put this on hold if they were always going to reject it, but also how can they say that they did not reccomend the policy. Any advice would be much appreciated. Should I write back to them or go to the FOS?

M&S Money B*****S

If they strongly advised you to take out the insurance (even on paper) steve then the sale was advised as they advised you to take it out,you have a rejection,take it to the fos now,you could contact m&s and bring up this point with them but it'll probably do no good,good luck mate.

[stevesouth33]

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

whats bizzare is the audacity they clearly know that they flagrantly advised the sale and to rub salt into the wound they even sent me the copy with that bit on it. I always thought HSBC (M&S) would be the rotten apple in the cart and oh so true.

[cappo]

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

whats bizzare is the audacity they clearly know that they flagrantly advised the sale and to rub salt into the wound they even sent me the copy with that bit on it. I always thought HSBC (M&S) would be the rotten apple in the cart and oh so true.

They always are, i've got 7 cases with them all sold over the phone,exactly the same way, and told i had to take ppi to get the loans/credit cards but i've got this nonsense to come from them yet.

[EXC]

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

Fellow beagles, got home tonight to see a letter from M&S money, yay I thought. Claim rejected, basically on my complaint I said it had been an internet application and it was not - so my mistake. So out of hand on that basis they have said that the sale was 'non advised' therefore no advice or reccomendation could have been given as they were not present and I filled the application in in my own time. They have even sent me the copy of my signature on the application form beside the PPI bit, where it says they "Strongly reccomend that I take out the cover by signing below", that sort of seems like advice, maybe even strong advice. The application was from 2004. Would be really grateful for advice as I cannot figure out why they put this on hold if they were always going to reject it, but also how can they say that they did not reccomend the policy. Any advice would be much appreciated. Should I write back to them or go to the FOS?

M&S Money B*****S

There is an FOS case study that upheld a complaint partly on the basis that an application form stated that "we strongly recommend that you take out payment protection cover" and they concluded that ''we were satisfied that it was reasonable for Mrs B to think that the financial business was providing her with advice about what she should do, even if that was not its intention.''

Case study 2 payment protection insurance (PPI) case studies

It may be that the small print on the application says something like ''anything said in this application does not constitute advice'' so if M&S are saying that ''recommending'' is not '' advice'' then it must be opinion, which may be caught by Common Failing 9 of the FSA Policy Statement (Failings specific to non-advised sales) ''gave advice to the customer regarding the policy (e.g. expressed an opinion on the merits of buying the policy).

Page 138 http://www.fsa.gov.uk/pubs/policy/ps10_12.pdf

I would think it's worth going to the FOS with it.

The FSA published a brief guide to the insurance industry as to what constitutes advised and non-advised sales http://www.fsa.gov.uk/pubs/other/factsheet_sales.pdf

[dogtired]

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

Similar thing but I am now awaiting the settlement from M and S!
This was one that was sold to a collection company and that I was able to settle out of my NHS lump sum.
They did try to get out of it initially but I had kept all he forms and like yours it was "strongly advised"
They "declined t comment" on the issues raised in th form I returned but just a happy bunny that I am getting something!
If only I could sort out HSBOS and Cabot I would be even happier!:beagle:

[leclerc]

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

This is the thing, if you trusted a bank to look after your interests and they "recommend", "strongly recommend" and you take it out, how can any rational human being not think that was not anything but an advised sale. Had they said, "hang on a minute, you have a pre existing medical condition and this might not be good for you."(like they would do since loan plus PPI equals more bonus or loan without PPI might mean less £££). It's playing semantics and its a game that realistically is a load of crap. I recommend you challenge their rejection.....is that advice or not?

[stevesouth33]

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

Well I spoke to M&S money and asked them to re-open the complaint and they asked me why. I said that in their final respsonse they had included a copy of the original application to prove I had signed the form in regard to PPI. They said yes that was the point in sending the copy. I asked them what they thought "stongly recommend" meant in the context of the PPI. They replied that no advice was given and I thne drew their attention to the fact it was written in bold on the application form they sent me. There was a rather amusing moment of complete silence and then the shutters came down. I was told I had to write in (again) giving all the information I had including laughably me sending the a copy of the copy of the agreement they sent me. I drew their attention to the fact that I would also be including a recent case study of almost identical circumstances on the FOS website where a complaint was upheld and the common failings section 9 piece as well (thanks EXC). They told me they would respond to my re-complaint within 4 weeks. Just posted it recorded delivery so here's hoping.

[leclerc]

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

Well I spoke to M&S money and asked them to re-open the complaint and they asked me why. I said that in their final respsonse they had included a copy of the original application to prove I had signed the form in regard to PPI. They said yes that was the point in sending the copy. I asked them what they thought "stongly recommend" meant in the context of the PPI. They replied that no advice was given and I thne drew their attention to the fact it was written in bold on the application form they sent me. There was a rather amusing moment of complete silence and then the shutters came down. I was told I had to write in (again) giving all the information I had including laughably me sending the a copy of the copy of the agreement they sent me. I drew their attention to the fact that I would also be including a recent case study of almost identical circumstances on the FOS website where a complaint was upheld and the common failings section 9 piece as well (thanks EXC). They told me they would respond to my re-complaint within 4 weeks. Just posted it recorded delivery so here's hoping.

One of the very few times when they have helped your case more by pointing out you signed for the PPI. If the wording is in bold, it screams of advice, lol!! I suspect they might change their minds now.

[skv123]

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

Well I spoke to M&S money and asked them to re-open the complaint and they asked me why. I said that in their final respsonse they had included a copy of the original application to prove I had signed the form in regard to PPI. They said yes that was the point in sending the copy. I asked them what they thought "stongly recommend" meant in the context of the PPI. They replied that no advice was given and I thne drew their attention to the fact it was written in bold on the application form they sent me. There was a rather amusing moment of complete silence and then the shutters came down. I was told I had to write in (again) giving all the information I had including laughably me sending the a copy of the copy of the agreement they sent me. I drew their attention to the fact that I would also be including a recent case study of almost identical circumstances on the FOS website where a complaint was upheld and the common failings section 9 piece as well (thanks EXC). They told me they would respond to my re-complaint within 4 weeks. Just posted it recorded delivery so here's hoping.

Well done with that. I'd fully expect your efforts to pay off. Great assistance from EXC too.