the father-in- law has passed his PPI claim on to me to see if there is anything CAG can do to help him. We done a SARS calculated all the payments and interests due which comes to 8k sent off a template letter asking for it back and waited eight weeks and nothing. Sent off another letter giving them a further two weeks to reply to which they did:-

Dear Mr XXXX

Account Number: 013/XXXXXXX

Thank you for contacting us to outline your concerns regarding the above policy Our records show that you have previously contacted us to bring these concerns to our attention. At that

time we treated your concerns as a formal complaint, and investigated them accordingly, under our complaint reference above. We wrote to you at the time outlining the results of our investigation.

Our Final Response letter advised you that if you remained dissatisfied with our reply, you had the right to refer the matter to the Financial Ombudsman Service (FOS) for independent adjudication within six months of the letter.

If you would like us to retreive the previous complaint file and send you another copy of our Final Response letter please let us know and we'll be happy to do that for you.

I am unable to offer you any new rights to refer this matter to the FOS for independent adjudication.

However, you may wish to contact the FOS to confirm their position regarding this matter.

Yours sincerely

Richard Walton

Now I'm guessing this has passed the Six month period so do we have to start the claim again or can we proceed to the full complaint?

I think you need to ask your father in law whether what they are saying is correct. If it is and he has previously complained and is outside the six month timescale for FOS referral then that is it. FOS will only consider anything outside that time scale if there are exceptional circumstances which mean that he COULD NOT reasonably have referred the matter to them within 6 months of the final decision.

You don't get to start the complaint again. There is a reason for the six month rule, which is that regardless of the rights or wrongs of the matter, It is not reasonable to allow the matter to drag out indefinitely. Six months is ample to review their decision and decide whether to go to FOS if you are not happy with it.

If they are wrong and he has not previously complained then I suggest you tell them that.

Thanks for the info,

I'm just picking up the pieces of what has happened previously so things are pretty vague.

What I'm getting is he phoned up and complained but nothing in writing

then after that his health went down hill and has been in and out of hospital with diabetes and ulcerated legs and pretty much forgot about it.

It wasn't until I successfully got my PPI back from lloyds that he mentioned it, so I thought you guys might be able to steer a way through it, thanks

Another important point to mention a while back he was out of work and tried to claim on his PPI, surprisingly he was refused.

No documentation of this was included in in the SARS pack!

Making me think we might have to start the process again and see if it comes in another pack.

I did read on the MSE site you can start the process again if you have exceptional circumstances which I believe we do.

I don't know what you've been told on MSE, but it's nonsense.

You cannot "start the process again" if you have already raised a complaint.

If he complained over the telephone then that is just as valid a complaint as a written one and hence they have probably investigated it and issued a final response.

What you can do is request a copy of this response and, if you disagree with it, contact FOS and see if they will consider the above as special reasons to look at it outside the 6 month time frame.

Incidentally you are wasting your time sending SARS, which are not going to be any help during a complaints process. And a SAR to the lender would be unlikely to turn up anything regarding the claim, since this probably would have been dealt with by a separate insurance company.

I think you need to ask your father in law whether what they are saying is correct. If it is and he has previously complained and is outside the six month timescale for FOS referral then that is it. FOS will only consider anything outside that time scale if there are exceptional circumstances which mean that he COULD NOT reasonably have referred the matter to them within 6 months of the final decision.

 

You don't get to start the complaint again. There is a reason for the six month rule, which is that regardless of the rights or wrongs of the matter, It is not reasonable to allow the matter to drag out indefinitely. Six months is ample to review their decision and decide whether to go to FOS if you are not happy with it.

 

If they are wrong and he has not previously complained then I suggest you tell them that.

Interestingly enough we took the complaint to the FOS then made contact with Bradford and Bingley who have agreed to look back into the case, so not entirely the end of the road even after the six month deadline

well done

quite normal advice for that user sadly.

give up go away...

dx

received a response from B&B regarding the commision they earnt on PPI mis-sold on a mortgage, they are claiming that the commision and profit share they earn't was less than 50% therefore in accordance to the FCA rules we are not entitles to any redress.

Having briefly looked at the Plevin case She claimed for mis-sold PPI on the grounds that it did not meet her needs, and during her complaint at Manchester County Court learnt that 71.8% of her PPI premium was taken as commission by Paragon, credit broker LLP Processing Ltd and provider of the PPI Norwich Union

Personally I hate B&B and want to get something out of them as the PPI claim failed previously

I have written the FCA who sent me a link to my particular issue the problem is I don't understand it...can someone put it into lay terms for me

https://www.handbook.fca.org.uk/handbook/DISP/App/3/3A.html

many thanks

whatelse did they say bar the link.

dx

whatelse did they say bar the link.

 

dx

Thanks for contacting the Financial Conduct Authority (FCA). I understand you attempted to make a claim for PPI commission with Bradford & Bingley but that it was rejected. I can appreciate why you've contacted us about this so I'll provide guidance to clarify our position.

Our rules

Our rules in relation PPI complaints handling can be found in the FCA Handbook under Dispute Resolution (DISP). DISP App 3.3A.4 may be of particular interest in relation to your enquiry.

Your next steps

If you're unhappy with the firm's response, you may wish to contact the Financial Ombudsman Service who can consider individual disputes.

Our role

As you may be aware, we authorise and regulate firms that offer certain financial products and services in the UK. Although we can't comment on or investigate individual cases as this is the role of the Financial Ombudsman Service, we welcome information from the public in order to monitor the conduct of regulated firms.

I hope this information is useful and thanks again for contacting us.

Yours sincerely,

Andy Gill

Customer Contact Centre

Financial Conduct Authority

Consumer Helpline 0800 111 6768

Website http://www.fca.org.uk

Email [email protected]

whats not to understand?

off to the fos, the fca don't do personal investigations..

my confusiuon is B&B are telling me there is no compensation because their commission was below 50%

I finding hard to understand what the FCA handbook is trying to say in its writings,

by all accounts you're saying take the case to the FOC which means there is probable good cause for complaint.

http://www.financial-ombudsman.org.uk/ppi/can-i-complain-about-commission.html

yes, there is that '50%' issue to determine. but, let the fos then decide. doesn't cost you.

http://www.financial-ombudsman.org.uk/ppi/can-i-complain-about-commission.html

 

yes, there is that '50%' issue to determine. but, let the fos then decide. doesn't cost you.

thank you this bit is interesting for those who wish to go down my route whats more doesn't mention the 50% commission

does Plevin affect me?

Not everyone who complains about PPI will be affected. If you’ve already had a full refund of your PPI, then there’s no need to complain about commission – as you’ve already had everything back that you paid.

If you’ve complained about mis-sold PPI already, but you didn’t get a refund, you might be able to complain about commission.

In general, you might be able to complain about commission if:

• you took out the credit the PPI was sold with (for example, a loan or credit card) on or after 6 April 2007;
  
• you took out the credit the PPI was sold with before 6 April 2007, and it was still running on or after 6 April 2008.
  

Taking an interest in B&B cases. Please can I ask how this matter concluded? Were you able to get compensated for PPI claim?

we are still waiting for a reply from B&B, should be any day soon

Hope its good news. Please update the thread when convenient, it will be helpful to others, thanks