Ombudsman decision legally binding - actionable?

[ncf355]

Hi all,

I have read the final Ombudsman decision is legally binding upon the lnder/broker for PPI reclaims

Does this mean if the lender/broker failed to pay the amount within a reasonable amount of time (to my mind, 14 days) you could commence court action for it?

:tinysmile_hmm_t2:

[pompeyfaith]

Re: Ombudsman decision legally binding - actionable?

Indeed you can, but I believe they give the lender 8 weeks to settle.

If it went to court there would be no court case as such as the ombudsman's decision is binding in a court.

There is a special way I believe to bring this and nelliewops I believe would no more on this as it was an action she was going to take OTR but im unsure what the outcome was.

If not I would imagine PT would know.

[nelliewops]

Re: Ombudsman decision legally binding - actionable?

Hi ncf,

As PF says I was in a situation where the broker refused to abide by a final decision by an ombudsman in relation to a PPI mis-sale. Having ignored the original adjudicator decision in my favour they proceeded to do likewise with the ombudsman's decision, despite assuring me in writing that they intended to pay out. This went on for some time whilst they utilised every delaying tactic in the book to avoid paying - from April when the ombudsman ruled to October when my cheque finally arrived

I must admit I shouldn't have let it drag on for that long and with the benefit of hindsight should have looked to enforce the legally binding ombudsman's decision much sooner. Part of the problem, however, was actually getting hold of the relevant info to enable me to do this! As PF rightly says, it is not like starting fresh legal proceedings, but merely I believe getting the court to enforce the decision and make the broker pay out. Fortunately though, in my case they did pay before I had to take action.

Despite contacting the court, searching the web and asking the FOS for guidance on how to bring this action, it appeared that I kept coming up against a brick wall. The FOS did say that they would send out relevant guidelines if it became absolutely necessary to enforce, but at the eleventh hour the cheque arrived. Ame spent ages digging to find the relevant court form for such an action and there is more info on my thread about this - sorry I'm hopeless at doing links, but if you search threads I've started, you should find the whole story with a bit more info there.

Again as PF says, PT is probably the guy to ask though.

Nellie x

[PPItechexp]

Re: Ombudsman decision legally binding - actionable?

Hi all,

I have read the final Ombudsman decision is legally binding upon the lnder/broker for PPI reclaims

Does this mean if the lender/broker failed to pay the amount within a reasonable amount of time (to my mind, 14 days) you could commence court action for it?

:tinysmile_hmm_t2:

Ombudsman decision is legally binding upto 100k. Claims will normally be paid within 8 weeks but there are delays with some lenders. Hope this helps

[di30]

Re: Ombudsman decision legally binding - actionable?

Ombudsman decision is legally binding upto 100k. Claims will normally be paid within 8 weeks but there are delays with some lenders. Hope this helps

Hiya

Glad you could make it here, cheers and welcome.

[PPItechexp]

Re: Ombudsman decision legally binding - actionable?

Hiya

Glad you could make it here, cheers and welcome.

Cheers glad to be able to help if anyone want any mis sale help feel free to mail me! cheers