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

[MEGLOS]

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

The question - to me, sir - is whether you consider £700, as opposed to £35, to be an outrageous fortune. Please read my recent dispatches.

Slings and arrows requisitioned - to follow shortly.

even so, reading leclercs & Amethysts posts above, it seems that the bank can apply interest of either type towards the arrears.

[Bill-K]

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

even so, reading leclercs & Amethysts posts above, it seems that the bank can apply interest of either type towards the arrears.

It sure does, Meglos, and both these guys know their stuff, but I would like to see the provenance of their beliefs. So far, I haven't been able to find provenance for mine, though.

My reasoning, though, is based on the fact that the apportioned debited account interest is directly attributable to the debited PPI. Both of these elements are amounts by which the account should be re-imbursed, in order to put the claimant back to the position they would have been in if the PPI had not been sold.

IF - putting the account back to that position - results in the account balance becoming a 'credit' balance, then we apply 'Compensatory Interest' - because the claimant was deprived of moneys they would otherwise have had the benefit of. It is this 'deprivation' that I believe separates the elements of 'Debited Interest' and 'Compensatory Interest.' How can it be right that a mugger - having been caught and told to return the cash they nicked, be allowed to dictate what the Criminal Injuries Compensation scheme awards in compensation to the victim ?

Had the mugger acted with decency, then no compensation would be due. But decency seems absent, and injury occurred. Sure - render unto the mugger that which is due to the mugger - but compensation for being mugged belongs to the victim, I reckon.

I don't know if this makes sense out there - but it does in here !!!

[mosten]

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

They should make a film out of all this.. How most of the banks, behind closed doors are trying to come up with ideas how to limit their losses without losing any more face...

Would love to have been fly on the wall in the black horse office when they came up with the reject all cases idea... unreal..

[cappo]

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

http://www.walletpop.co.uk/2011/09/0...rs-to-resolve/

Banking complaints take two years to resolve.



It takes a lot for us to complain. We can endure years of terrible service, and suffer horrible financial penalties before we finally decide to fight for our rights. The trouble is that at this point, the long wait for redress has only just begun.

It can take two years to have a complaint resolved by the Financial Ombudsman Service. So what's going wrong?


The backlog
The problem is largely one of workload. The FOS has been swamped by a deluge of claims in the past few years relating to the sale of payment protection insurance (PPI) which was so widely mis-sold that it became the basis of a whole claims trend of its own. The subsequent ruling on PPI means those individual claims no longer have to be pursued as everyone will be investigated by the financial company concerned.

However, the backlog by this stage is enormous, and the cases keep coming. The workload has doubled in the last five years and there has been a 26% increase in the number of cases.

It doesn't help that the financial institutions are fighting their corner more vehemently than ever. This means that more and more cases have to be referred up to an ombudsman for a final decision, which is more time consuming and leads to longer delays.

Very urgent cases, involving real financial hardship, are pushed to the top of the list. Everyone else must wait anything up to two years before their complaint is ruled on.

So how did it all go so wrong?
You can blame the service. You could argue that the extra staff brought on during the PPI scandal were too few and too late - although it argues it couldn't bring anyone on faster because they couldn't be trained up any quicker without cutting corners.

However to blame the FOS would be to miss the bigger picture. It is brought in when two things have already gone horribly awry. It's the fact that the financial institutions are incapable of meeting two of their most important obligations that has brought us to this horrible situation in the first place.

The banking failures
The first is that the financial company has let the customer down The products are not up to scratch, the salespeople flogging it at the firm in question have done a bad job, the product fails to work as it is supposed to, and promises have been broken. None of these things are anything to be proud of. Each of them demonstrates that the sole purpose of a financial company is to make money, and customers are simply the way they achieve their goal. If the customer suffers in the process, then so be it.

The second factor is that once something goes wrong, the company in question fails to fairly and sensibly address the issue - or it does so with so little respect for the customer that they feel they need to turn to someone else for redress. This is a very sorry state of affairs. Clearly financial companies have lost touch with the fact that they are dealing with real people. They have forgotten that the dots on a graph are real individuals with serious questions about what the business has been up to with their money. They deserve respect and attention, and for someone to take them seriously.

It was the fact that financial institutions forgot they were dealing with real people and real money that got us into the financial crisis in the first place. The game took over and making money became the one and only aim.

If these figures are anything to go by, then they have learned nothing from the process. The number of complaints is a sign that all is still rotten among the banks, and the sooner something is done to shake them up from their relentless, callous, money grabbing the better.

Good post Di,like the new avatar

[wannabedebtfreesoon]

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

It hasn't been handed down yet and won't be until at least early October - the Court of Appeal judicial term starts 3 October.

Would you mind telling us a bit about your case?

Thanks for that info, I didn't think about their Summer Leave being a factor! Early October is good for me :-)

My case encompassed 4 main causes of action:

1. Trespass
2. Contravention of Section 92 of the CCA
3. Breach of Statutory Duty
4. Unfair Relationship

In a nutshell I made a claim that T'other side repossessed my car from private property without a court order, trespassed, missold PPI and paid a secret commission to a broker.
They denied everything and I lost at trial because the judge allowed them to argue a defence contrary to the one they submitted, ignored all my evidence and ignored the law as well to an extent!

I appealed to High Court and the Lord Justice allowed my appeal, giving judgment that they did contravene S.92, breach their Statutory Duty, trespass and pay a secret commission, (he used the Hurstanger case and employed the principle of Equitable Duty).

At first they had denied paying any commission and even went as far to say that my allegations were tantamount to fraud should they be true, but then they decided to come to trial, admit it and make up some random figure to show that the amount paid was so small it was non-causal! Needless to say they had no evidence to substantiate their claims and tried to rely on the Harrison case to argue causation as a defence. It was allowed at trial but then vehemently overturned by the High Court.

At present they are attempting to tell me that we now need to go back to County Court where we will argue the same points as were heard in High Court and a lower judge will overturn the High Court's Judgment! Oh and not to mention that they want to go through Standard Disclosure again; irrespective of the fact if they had documents relating to my claim they should've been submitted before trial and not after appeal!

Anyhow, I plod along regardless...

[MBD23]

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

where are all the offers from FOS ? they certainly havent cleared the backlog as quickly as the banks have for the claims held up by the judicial review!

they are going slower than ever , attempt to put cmc's out of business perhaps?

[EXC]

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

where are all the offers from FOS ? they certainly havent cleared the backlog as quickly as the banks have for the claims held up by the judicial review!

they are going slower than ever , attempt to put cmc's out of business perhaps?

This is a complete stab in the dark but could it be that they have become completely overwhelmed with shed loads of complaints from CMCs taking advantage of the free service they offer?

[SpringerSpaniel]

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

I have in the past worked for the FOS as an adjudicator, they are totally swamped and have a backlog going back almost a year most of the time.

[cappo]

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

I have in the past worked for the FOS as an adjudicator, they are totally swamped and have a backlog going back almost a year most of the time.

Hi springer how did you get on with cap 1 cases as an adjudicator a lot of us on here and on other forums have a lot of trouble getting a claim upheld as the cards and ppi is mostly packaged as a non advised sale.

[SpringerSpaniel]

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

I didn't do CapOne as I did other forms of Insurance and not PPI.

[Leucareth1971]

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

Hi I've been waiting for my chqs from RBS since the middle of July, ringing them is a nightmare mostly they dont answer and when they do you feel as though you are banging your head against a brick wall.
I spoke to an advisor on the 10/8/11 he said 28 days from the 27/7/11 rang again on the 19/9/11 he said chqs had been sent out and I should of had them by now so he said he would cancel them and send out new ones.
I spoke to RBS this morning (after trying 3 times) they said they would get the payments dept to call me back in the next two days I said I wouldn't hold my breath as i have been told this before.
I have emailed RBS today mentioning the FSA & FOS where do I go from here?

[SpringerSpaniel]

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

Write to them stating that if the payment is not received by you within the next 7 days, you will be issuing proceedings in the County Court to enforce the decision made in your favour by the FOS.

That should get some action out of them - and hopefully some money !

[Angry Cat]

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

...a lot of us on here and on other forums have a lot of trouble getting a claim upheld as the cards and ppi is mostly packaged as a non advised sale.

Non advised?
Many were not even provided with a full policy at the point of sale!

FSA fines Capital One for PPI sales failures

In several cases Capone have admitted (in writing) that only a summary of cover was provided; well before 2005/06.

[gazdarke]

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

Hi I've been waiting for my chqs from RBS since the middle of July, ringing them is a nightmare mostly they dont answer and when they do you feel as though you are banging your head against a brick wall.
I spoke to an advisor on the 10/8/11 he said 28 days from the 27/7/11 rang again on the 19/9/11 he said chqs had been sent out and I should of had them by now so he said he would cancel them and send out new ones.
I spoke to RBS this morning (after trying 3 times) they said they would get the payments dept to call me back in the next two days I said I wouldn't hold my breath as i have been told this before.
I have emailed RBS today mentioning the FSA & FOS where do I go from here?

I am waiting also but was only informed of complaint upheld on 26/08/11. They told me 8 weeks once they have had confirmation that I "Agree" to redress being calculated.

FOS sent me a letter saying If I do not contact them they will assume I am happy after 14 days, and inform RBS. THEN the 8 week wait will start so potentially from 27/7/11 until first week of next for you Leucareth. Its a painful wait as I'm sure you know.

G

[cappo]

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

Non advised?
Many were not even provided with a full policy at the point of sale!

FSA fines Capital One for PPI sales failures

In several cases Capone have admitted (in writing) that only a summary of cover was provided; well before 2005/06.

Hi cat this is what i've had with the cap one and fos, i have the ombudsman looking into it now, the adjudicator rejected my claim after telling me that they accepted that i had'nt had all the info provided to me, but they still rejected, my ppi was sold to me only 6 weeks before the fsa started regulating cap one,s insurance (ppi) arm the fos seem to protect cap 1 and i don't know why.