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Out of time claim

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  • Out of time claim

    I started a PPI claim in May last year. It took until 24th August to get a refusal.
    I wrote and told them this wasn't acceptable to me, and I made a SAR for all my documents, and included the £10 cheque, which was encashed promptly.
    They responded in September that they had considered my appeal and once more found their was no basis for it. I didn't get any documents from the SAR.
    It took continued chasing, telephone calls, letters to eventually get the full SAR. They did send a copy of account statements sometime in October but nothing more, and certainly nothing like a full SAR release.
    So the bilk of the stuff came in February.
    The letter for the out of time FOS appeal was concluded with the following timeline which explained the basis of the delay. It was explained that due to the delay in receiving the full document release I was hindered in making a claim within the 6 month time, as without the specific documents released the basis of the claim would not be apparent.
    The timescale for the claim and correspondence etc is as follows:
    PPI complaint submitted to BOS – 18/5/12

    Rejection – 24/8/12
    SAR request 10/9/12
    Rejection letter – 11/10/12

    Tel call to BOS (Shona) – 17/10/12
    Letter to BOS 25/10/12
    Letter to BOS 4/2/13
    SAR request acceptance letter from BOS 18/2/13 saying another 40 days delay (crossed in post with next item)
    Letter to BOS 22/2/13 without knowledge of previous letter of SAR acceptance.
    SAR eventually concluded but still not fully, and assessed for use before compiling considered appeal to ombudsman.

    So, I have made the FOS aware of the reasons and hope they allow it as an exceptional circumstance. Is anyone aware of any similar claim being allowed out of time? Does it seem to fit the exceptions?
    If not, would I still have the option of taking court action instead.
    Tags: None

  • #2
    Re: Out of time claim

    Originally posted by Lynnzer View Post
    I started a PPI claim in May last year. It took until 24th August to get a refusal.
    I wrote and told them this wasn't acceptable to me, and I made a SAR for all my documents, and included the £10 cheque, which was encashed promptly.
    They responded in September that they had considered my appeal and once more found their was no basis for it. I didn't get any documents from the SAR.
    It took continued chasing, telephone calls, letters to eventually get the full SAR. They did send a copy of account statements sometime in October but nothing more, and certainly nothing like a full SAR release.
    So the bilk of the stuff came in February.
    The letter for the out of time FOS appeal was concluded with the following timeline which explained the basis of the delay. It was explained that due to the delay in receiving the full document release I was hindered in making a claim within the 6 month time, as without the specific documents released the basis of the claim would not be apparent.
    The timescale for the claim and correspondence etc is as follows:
    PPI complaint submitted to BOS – 18/5/12

    Rejection – 24/8/12
    SAR request 10/9/12
    Rejection letter – 11/10/12

    Tel call to BOS (Shona) – 17/10/12
    Letter to BOS 25/10/12
    Letter to BOS 4/2/13
    SAR request acceptance letter from BOS 18/2/13 saying another 40 days delay (crossed in post with next item)
    Letter to BOS 22/2/13 without knowledge of previous letter of SAR acceptance.
    SAR eventually concluded but still not fully, and assessed for use before compiling considered appeal to ombudsman.

    So, I have made the FOS aware of the reasons and hope they allow it as an exceptional circumstance. Is anyone aware of any similar claim being allowed out of time? Does it seem to fit the exceptions?
    If not, would I still have the option of taking court action instead.
    I'm so sorry. Didn't realise the site was deceased. My sincere condolences......

    Comment


    • #3
      Re: Out of time claim

      Hi there

      Sorry for the delay in responding, lots of catching up this site and that site, and unfortunately this site was actually down for a day or 2 due to technical issues from what I am aware of, so now apart from pm's am getting round to what I can try to help with

      Firstly in regards of the SAR, there should be a follow on letter to send to threaten them with the Information Commissioners Office (ICO), did you send a follow on letter?
      If you did complain to the ICO that your not happy with the SAR and you feel something is missing, or that they never complied fully as they should do under the Data Protection Act (DPA) they will generally look into this matter from this stage (of sending a further letter after 40 days) to the business your requesting your SAR from.

      However, there is no harm in complaining to the FOS either, and if you followed the above by contacting the ICO as well, you can do this too.

      I am not sure about action for court, but am bumping this for you and fingers crossed if anyone here have been this avenue, court etc, will post up with some info/advice soon, good luck.

      Comment

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