Court or FOS ?

[norwich1]

Question:
If I take my claim to court and it fails, can I then Take it to the FOS?
or:
If I take my claim to the FOS and it fails can I then take it to court?
Which one is right?

[Nightmare4banks]

norwich1,

When was the agreement with the company signed?

The answer to this question should hopefully enable me to assist you further.

[norwich1]

Nightmare4banks

Agreement signed 12th November 2002

[Nightmare4banks]

Norwich1,in reply to your post:

Court action is the only option.FOS will not touch PPI complaints if they are prior to 2005 - the year when PPI selling became regulated.

I have had successes and so have many others on this forum.

SO I WOULD SUGGEST THAT YOU...

go through the various threads regarding this topic and if you need any help,just ask.

All the best!

[norwich1]

Thanks Nightmare4banks
I cant say I'm chuffed to hear to that, but that does clarify things somewhat.
You seem to be knowledgeble can you help me with this:
I have made 5 successfull claims for PPI all for the same reason I was self-employed at the time and on a low income.
In the T/Cs they state things like 'Eligible' ' working' 'self-employed' 'working at least 16 hours' etc.
Now the crucial bit 'and paying class 2 National Insurance contributions'.
The reason they refunded me was not because I was self-employed;
But that I was not paying Nat INS as I was Exempt to do so.

I have letters stating "Thank you for sending documetation to prove you were exempt from paying Nat Ins at the time the insurance was taken out.
As you would have been unable to claim on the insurance because of this we are refunding etc."
What I REALLY want to Know is WHY?
Can you or any one find out and let me know as Court may be the only way for me to go now as I still have outstanding claims.

[Nightmare4banks]

Norwich1,in reply to your last post and in my view:

1.The issue of Class II National Insurance Contributions is very interesting,however you could also get a refund say if the policy defined being self-employed meant to have an accountant to do your books and you did not have one.So,you would be entitled to have a refund.

2.Claiming refunds are not just limited to the Class II National Insurance payments/exemptions argument for self-employed.

3.In my case,I got a refund because the salesperson was not qualified to sell insurance products.In this particular case,it was a loan for home improvements - doubleglazing the house.The copy of the agreement showed that the salesperson received a commission for getting me take the PPI.This was nothing to do with my employment status whatsoever.

3.In reply to your question,the fact that you would not be able to claim and a refund was given is because that your status would have been no different to a person claiming state benefit or in full time education and having the National Insurance Contributions paid for until he/she signed off and was paying the contributions himself/herself through any means of full time employment and in the case of being Self-employed Class II National Insurance Contributions.

4.Finally,when claiming PPI back the main thing is that the lender failed to exercise its duty of care when selling you its PPI product/seeing that you have the best product or no product in some cases to suit your particular circumstances i.e.employment and health etc.

Anyway,I hope you find this information useful.

If you have any more questions,just ask!

Good luck!

[rory32]

I think you will find that the FOS has jurisdiction under The Financial Services and Markets Act 2000 (Transitional Provisions) (Ombudsman Scheme and Complaints Scheme) Order 2001 paragraph 2 and 3. as long as the Insurance ombudsman previously had jurisdiction.

[Nightmare4banks]

Hi all!

Rory32,from my experience whenever I have been to the Ombudsman- over the last 12 months I have been told that any policy taken out prior to 2005 would not be entertained at all.Also,I approached the FSA - Financial Services Authority to back up what I previously mentioned in this thread.

Regarding Norwich1,there is no harm in this person approaching
the Ombudsman and see what the response is.

Although, rory32 I do not doubt the accuracy in what you are saying in any shape or form.However,why is it that I have had these experiences with the Ombudsman?

Your comments/views would be highly appreciated.

[rory32]

why is it that I have had these experiences with the Ombudsman?

No idea. Did they tell you why they would not look at it e.g. under what legislation?