ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mess)??

[bluenose33]

Hi,
I need advice, I went through a law firm to claim a big ppi claim against the hsbc.
We got the good news the claim was to be upheld, gets messy from now on?
I am on a debt management plan,this was stated at time of instruction but nothing made of it from the staff member(a paralegal).
So when hsbc said they were just using the money to wipe the debt clear,we then had no way to pay the bill to the law firm.
The paralegal then said basically tough but we argued verbally this was never mentioned at any stage, so he agreed to write to hsbc and ask to pay 90% debt off and the other 10% directly to me to enable me to pay debt. It was said he would give them 14 days to reply, which we never heard anything back? (march 2013)
The staff member moved firms,and the original company gone bust.
Does anybody know where I stand if I claim again by myself?
And also I read I only had limited time to accept the decision and also to claim to financial ombudsman.

[Victoria27]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

Hi,
I am sorry about your tough experience.

You have 6 months from the date of their final letter to complain to the Ombudsman.

If HSBC gave you a time frame to accept their offer, then it would be the date.

I do not have any personal experience with that kind of situation, I am sure there would be somebody here on LB who does.
However, using just a common sense, it seems to me that their decision to uphold should stay.
The most important part is that they did recognise it was mis-sold. They investigated your complained and came to conclusion to uphold, based on your circumstances.
That logically should not change. HSBC is one of the tough banks, they do not uphold that easy. If they did, that means your case is sound and solid.

The question of acceptance of their offer is usually about the amount which you may agree or disagree, not about them upholding it.
It would be an absurd to suggest that you would not agree with with their decision to uphold your complaint after you did complain about mis-sale.
So, your acceptance refers to the amount they offer. That may be questionable. I do not think you are likely to lose their decision to uphold and recognise it as mis-sale due to the missed time, particularly not through your fault, but because of the law firm.

May be it makes sense to contact the complaint department of the HSBC with your case reference and try to take it from there.
They have to have your case file.
Do you have your case file from the law firm?

Another thought.

You may request SAR from the HSBC, then you will get the confirmation in your file they will send about your complaint being upheld by them and about their final offer. It may be helpful.

Those are my first thoughts and ideas.

Let's see what others suggest.

Best,

Victoria

[bluenose33]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

Hi,
I have the letter stating the claim decision and the amount,both of which are fine. The problem was of course the bill it would have left us with for the cmc. So last contact with the cmc was they were going to go back to hsbc to explain and ask for 10% ish of the amount to be paid to me so I could pay cmc bill. If that didn't work the cmc said they would go to the financial ombudsman to appeal decision,but nothing 15 months later??
Paralegal moved firms, company gone bust?

[Victoria27]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

Ok. Thanks. So there is no dount about your case being upheld and you are happy with the amount.
I understand that 15 months passed since their final letter, which is outside of 6 months time frame.

I enclose here for you the link for you about the time limit and exceptions for that.

http://www.financial-ombudsman.org.u...time-limit.htm

I hope it may be useful.

Victoria

[bluenose33]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

Thanks victoria27,
After reading that I am not to hopeful of getting very far.
I do have the letter which states off the (paralegal) cmc

"I can if you like, apply to the financial ombudsman for an adjudication as to whether they are right about this. If you would like me to do this please contact me by telephone to let me know."
We did say to do this, now I doubt with this timeframe she ever did or is it possible ? (never had contact off FO)
Actual date of last contact letter was march 2013.

ANYBODY ELSE OFFER HOPE OR ADVICE???

[MIKE770]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

Hi,
I have the letter stating the claim decision and the amount,both of which are fine. The problem was of course the bill it would have left us with for the cmc. So last contact with the cmc was they were going to go back to hsbc to explain and ask for 10% ish of the amount to be paid to me so I could pay cmc bill. If that didn't work the cmc said they would go to the financial ombudsman to appeal decision,but nothing 15 months later??
Paralegal moved firms, company gone bust?

was it the firm who used Ashworth Law?

[bluenose33]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

Hi mike770
Never heard of ashworth law, it was a small independent firm.
Rather not say until I know where I stand?
Should I approach HSBC or the FINANCIAL OMBUDSMAN first??

[Victoria27]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

Thanks victoria27,
After reading that I am not to hopeful of getting very far.
I do have the letter which states off the (paralegal) cmc


"I can if you like, apply to the financial ombudsman for an adjudication as to whether they are right about this. If you would like me to do this please contact me by telephone to let me know."
We did say to do this, now I doubt with this timeframe she ever did or is it possible ? (never had contact off FO)
Actual date of last contact letter was march 2013.


ANYBODY ELSE OFFER HOPE OR ADVICE???

There is still a hope.


There are wonderful experts here. I see Mike has already got in touch.


May be there are some ways to approach the FOS still.


Also there are other options to ask the bank to reconsider, if they are wrong, such as writing to the bank's CEO.
When we write or email to CEO of the bank, they usually deal with our cases much more seriously. A lot of originally rejected cases were reconsidered after CEO offices were contacted.
Most of us prefer to try that route prior to going to the FOS anyway.


If you want to challenge the bank's decision and it is not possible at all to approach to the Ombudsman, you even can take the bank to small claim court. You can get a very good advice about that here as well.


I am sure you will get a lot of good advices.
I would not give up.


V

[Victoria27]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

I would approach both at the same time.
You can call the Ombudsman help line and explain your situation to them, ask g for an advice.
At the same time I would have a word with the HSBC and prepare the letter to their CEO.

Let's see what others would suggest.

[MIKE770]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

as Victoria says above, if/when HSBC state their final letter on the subject then a full complaint to FOS, but you can ring them and see what they got to say 1st?

[Victoria27]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

I am glad Mike thinks it is worth to call them first.
Bluenose, please keep us posted and good luck.
V

[MIKE770]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

I am glad Mike thinks it is worth to call them first.
Bluenose, please keep us posted and good luck.
V

Ring FOS yes I did in the past.

[Victoria27]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

Bluenose, in my experience, the FOS were helpful when I called them.
I spoke with them on few occasions and they did give me some good advise, being supportive.
Remember, your strong point is that your case was upheld, was recognised as mis-sale and you are not arguing the amount, but how to apply it.
It might not be such a difficult case to resolve for the FOS.

Fingers crossed.

[bluenose33]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

Ok great, got a little bit of hope back.
Going to write to hsbc today,should I just send it straight to the ceo or standard ppi complaints address?
Anything I should defo state in the letter?
Thank you so far!!

[righty]

Re: ADVICE NEEDED PLEASE Law firm gone bust, where does that leave my ppi claim (mes

You refer to a 'law firm' are they a law firm or a CMC