Help! Blackhorse & the FOS before Jan 2005

[Missy06]

Hi all.

Here's the history:

24/11/03 - took out loan for 10,000 plus a PPI of 2,824.20. The repayments were 275.01

February 2006 - paid off the loan.

16/10/07 - sent complaint letter requesting PPI refund with contractual interest @ 13.9%

18/10/07 - got a phone call from the manager of the Blackhorse Watford branch saying that the account has been closed and no refunds can be made. I told me that's not true and would like him to put his feedback in writing to me. He said no problem; he'll pass my claim to the right department who'll send me a formal letter.

6/11/07 - I read on CAG website that they have 5 days to respond (which they'd 'kinda' done by phone) and 8 weeks to resolve the complaint (which gives them till 13/12/07.

8/11/07 - sent them a LBA giving them 8 weeks from 18/10/07 (when the manager called me) to resolve my complaint.

13/11/07 - received letter (looks like their standard one!) saying "...Firstly, I note that you refer to the Financial Ombudsman Service. Although Black Horse Ltd is now subject to the FOS for General Insurance activity, this was only from 14th January 2005. As the Policy you refere to was entered into prior to this date, this will not be a matter for the FOS can consider should you decide to contact them..." Ofcourse, they don't go on to say who will deal with my claim!

24/11/07 - I got another letter from BH saying they're currently investigating the points in my letter. Look like this is a response to the LBA I sent them on the 8/11/07.

26/11/07 - I got ANOTHER LETTER with the exact contents of the letter BH sent to me on the 13/11/07!

Does anyone know where I go from here? If they're telling the truth that the FOS won't deal with loans of 2003, do I just take this to court?.....or still the contact the FOS?......or both?

[alanfromderby]

It is very likely (in my opinion) that FOS will not look at this. However, that does not mean you cannot claim through the court. Have a good read through the other threads and it will give you an idea of how you go about it.

The key is that it was not suitable to your needs - in your history you did not mention why you believe you have a claim. Once that is established then you should have a strong case.

[Missy06]

The FOS actually replied to me on the 21st of Nov. saying "...it appears that your complaint against Black Horse Limited relates to events which occurred when it was not a member of the General Insurance Standards Council........I am afraid that your complaint is not one that the FOS is able to consider...."

So as predicted they can't do jack!

Anyway I've dropped off my N1 claim form in court yesterday and it cost me a whopping 105.00! I'd sent it a week and half ago but it was returned by the court as I'd only sent in 1 copy instead of the required 2 copies.

Let's see how it goes....