Thank you Scrapper. I have emailed my letter to the FOS and mailed it also. They have emailed me today to say that they are passing my case to the ombudsman. The more I think about it, the more it stinks. They have basically ruled in their favour because they have no record of the phone call. It doesn't seem fair, I would think that the loan company need to provide evidence. I don't know how much difference it will make being passed from the adjudicator to the ombudsman but at least they will have another look at my case. After all I have been waiting for nearly three years for this outcome, so I have one last try I guess. Will keep you posted if I hear anything, Thanks again.

Scrapper, I have sent a letter to the FOS today stating I would like complaint passed to the Ombudsman on the grounds Loans.co.uk had penty of time to provide transcripts of the initial phone call, and the FOS should of asked for it earlier. Also if Loans.co.uk say they don't have it then as you say, this is lost evidence for my case. Of course we ticked the box, as we were told the loan would be available if we did. I don't hold any hope for this as am sure they side with the loan companies but I am still going to fight as the FOS conclusion doesn't make sense.

Thank you for time in replying. Your points are very interesting. I took the loan out in January 2003 (I think this may be some of the problem - to do with before 2005 they needed to go a different route ie. the mortgage code) the only point they could use was 'whether it was a condition of the loan that the insurance is taken out'. So basically if you are saying records need to be kept for 7 years then they only needed to keep them until January 2010. So am too late, although in my defence I did lodge my complaint with the FOS in Feb 2008, which then would of been within the seven years. This is why I can't understand why they waited until now to tell me there were no records, if they had asked for them in 2008 they would of been available. I think I will ring the FOS and tell them this information. How can I find out for definite how long records have to be kept, and do you think this is worth mentioning as the FOS seems to have come to their decision based on the fact that there are no records apart from signed loan agreement (which maybe wrong, we were desperate for loan and would of signed anything). Thanks, Tracey

Thank you for your responses. So do you think I should carry on fighting. The FOS have said "I have exmained copy of loan agreement and I note that there is a tick in the box 'opted for PPI and it clearly states that PPI is optional. I am therefore statisfied that Loans.CO.UK did not cause breach of the code" "If you disagree with how I have reached my conclusions reply by 29th November telling me your reasons along with any evidence that you have not already provided and that you think is important to the case. As a reminder, you will also have the right to ask an Ombudsman to review the case as the final stage of the process" (3 years to come to this) I don't have long and to be honest have no idea what to say. Help would be greatly received, Tracey

Received bad news yesterday and I am so angry and upset. FOS have finally given their verdict after nearly three years! and the outcome was that Loans.CO. UK no longer have record of the phone call when I took out the loan and PPI. Therefore they have sided with them and that because I ticked the box (which I say I felt I had to so that I could get the loan) then we agreed to the PPI. The FOS say if I don't agree then I can take it up with the Ombudsman, but I will need to provide further evidence which obviously without transcripts of phone call, I can't. I just cannot believe that it took the FOS nearly 3 years to come to this decision and so many phone calls from myself (I have a list of every phone call made). How can they take their word and not mine, it seems as if they had no intention of helping me. I wonder if anyone has had same experience or an idea if I can do anything else, I am just so upset now. I think the fact it took them nearly 3 years makes it so much worse - it is a joke.

Can someone help me to move this thread to the PPI section, for some reason that is where it used to be but now when I added an update it has put it under 'loan brokers) not PPI. I don't think people will find it here, as all other posts on this thread are under PPI. Thanks X

Received bad news yesterday and I am so angry and upset. FOS have finally given their verdict after nearly three years! and the outcome was that Loans.CO. UK no longer have record of the phone call when I took out the loan and PPI. Therefore they have sided with them and that because I ticked the box (which I say I felt I had to so that I could get the loan) then we agreed to the PPI. The FOS say if I don't agree then I can take it up with the Ombudsman, but I will need to provide further evidence which obviously without transcripts of phone call, I can't. I just cannot believe that it took the FOS nearly 3 years to come to this decision and so many phone calls from myself (I have a list of every phone call made). How can they take their word and not mine, it seems as if they had no intention of helping me. I wonder if anyone has had same experience or an idea if I can do anything else, I am just so upset now. I think the fact it took them nearly 3 years makes it so much worse - it is a joke.

An update. Now with FOS for 2 years 6 months! Still no news - but did ask me to fax them my loan agreement last week. I really hope things are moving now.

Oh that's good, so we will have to keep waiting. They must feel confident I guess to keep fighting.

Garyca, my original complaint was with Loans.co.uk. The FOS said that this was out of their jurisdiction and therefore said that Cardif Pinnacle were the underwriters and so the claim should be with them. Cardif disagree but the FOS are apparently in discussion with Cardifs legal team. So not sure what will happen but as yet the FOS are still pushing for a refund for me. I hope that you manage to speak to the ajudicator, although when I speak to mine he tells me because it is with the legal team and he has to wait to hear from them - which is the thing that is taking the time. Who was your original loan with - seems if they have got their wires crossed if you have already told them that Cardif are the underwriters. Let me know how it goes and I will keep you posted also. Tracey

Dear Garyca, Let me know how your phone call goes as surely they can't say no to one person and yet carry on the fight for another. Its all very complicated and I don't understand much of it. I do get fed up of ringing them but I never hear anything unless I ring them. I will keep you informed if I hear anything too. Good luck, Tracey

Hi Garyca my loan was taken out in 2003 with Loans.co.uk. I spoke to the FOS this week and they say that my case is with their solicitors, they are waiting for a response back from Cardif legal team and this is what seems to be taking the time. They tell me because it has gone this far (to the head adjuicator and legal team) it will take time for the two parties to correspond. With regards to your claim, does this mean that is the end of it. When I speak to the FOS they tell me that it may end up going to court if Cardif still disagree. I can't understand why your case has been dismissed by the FOS - unless of course my letter is in the mail, although they still say that I have a case. Tracey

Still waiting, been with FOS 26 months now! Their legal team are involved now with my claim for PPI with Cardif Pinnacle. It's taking so long but they are still fighting for me, apparently legal process takes a long time. Wondered if anyone else has a claim with Cardif - the FOS tell me there are about 1300 claims. So fed up now!

Kashie, as far as I know you if you have gone the court route first you can't then go to the FOS. Although you can go the court route if you have had no luck with the FOS.

Kashie, just a thought. My 8 week deadline to respond to the banks letter was nearly up also, but I was still waiting for advice from the Martin Lewis site. I just wrote a letter to Barclays saying that 'I was still looking to claim back my charges and was waiting for legal advice and that I would write to them when I had received this, and that my case should not be closed but kept open until I inform them of otherwise. After all, these were the sort of letters I got from Barclays for months telling me they were still looking at my complaint and it would be 8 weeks or so and then would receive the same letter again, and again .... with another 8 weeks stalling everything. So I have just done the same. This just gives me time to work out what to do next on my time frame and not the banks. So if you are in a panic and not sure what route to go I would write to them along the lines that I used and inform them to keep your complaint open while you seek further advice.

I find this all confusing too Kashi! My claim was on hold with the bank (although I have received charges back on another claim before the claims were put on hold pending he court hearing). I have written to the bank again using the hardship route due to being on a DMP. I guess they will still say no, and then I will have to make a decision whether I go the FOS or the court route. But until then I need a final response from the bank with regards to my new letter re hardship as when I initially wrote to them two years ago I didn't mention the DMP but just used the template letter that was available at that time. There are people on here who are knowledable and will be able to guide you, Bankfodder did mention that new court templates will be available soon. It seems confusing at the moment as they are looking at us being able to claim from a different angle to the one already tried so things are still new. I would wait for advice on here before going any further.

Hope this works Bank Charges Reclaiming: Get £1,000s back even after Supreme Court ruling...

I apologise if this has already been posted, I did look and couldn't see it. For anyone who has been waiting for the new template letters from the Martin Lewis site with regards to reclaiming charges from a different angle - they are now on there. It is definately worth a try, I personally am going to try again through 'hardship' as am on a DMP. I am not sure how to do a link but if anyone could do that I would be grateful. I hope this helps and again sorry if I have repeated things already on here. X

Thak you for responding. Yes it was a bank account, which I guess was closed 21/2 years ago. I have received no statements in all that time, but they have been taking my monthly payments from the amount owed. I was wondering if they have to send me statements as it seems unfair that I have to go onto experian etc to find my balance at a further cost to me. I will carry on paying and also carry on with my fight to reclaim charges once the information is available on what we have to do next. I guess I will send letter saying this and hope they will let me carry on paying though a DMP.

Hi, Started a DMP 21/2 years ago with Payplan. After about a year decided to run this myself due to offering full and finals. At the time I was with Payplan, Barclays wrote and said they would not accept the payments I was making. Soon after that the account was in dispute pending hearing on bank charges. I have religiously made payments to Barclays on my DMP for over 2 years now, upping the amount when able, even though account was in dispute. My question is after receiving a final respone from Barclays recently saying they will not pay up, from advice received on hear I am writing to them to say that I still intend to claim back the charges and am waiting for further legal advise which If I am correct draft letters and instruction are still being looked into. Over the past two years I have received no communiction from Barclays and no statements etc. The only way of checking if they have received my monthly payments is to go onto Experian (the amount owing is correct with payments I have made), which I cannot afford to do anymore. Should I add to my letter how disappointed I am they have sent me no statetments even after numerous requests. I did read somewhere that they are now required to send statements. Obviously I no longer use accounts but do they need to keep me informed of payments they have received and balance etc. Also can I tell them that the account will remain in dispute or can they refuse to this. While it is in dispute they cannot take any further action. I will continue to make payments on my DMP though. How could I word this in a letter to them and should I mention the the fact that I am still on a DMP as they have not mentioned it in 21/2 years or do I leave that off and just tell them I still intend to reclaim charges but require up to date statements. I am not sure whether it is a good idea to remind them I am on a DMP. Sorry for long post, I am a worrier. Thanks for your time X

Think I will repost in bank charges thread under Barclays, hopefully someone will be able to help.

Does anyone know if this thread should be somewhere else on forum, as I presume because know one has replied I have put it in the wrong place. How would I do this. Thanks X

Hi, Started a DMP 21/2 years ago with Payplan. After about a year decided to run this myself due to offering full and finals. At the time I was with Payplan, Barclays wrote and said they would not accept the payments I was making. Soon after that the account was in dispute pending hearing on bank charges. I have religiously made payments to Barclays on my DMP for over 2 years now, upping the amount when able, even though account was in dispute. My question is after receiving a final respone from Barclays recently saying they will not pay up, from advice received on hear I am writing to them to say that I still intend to claim back the charges and am waiting for further legal advise which If I am correct draft letters and instruction are still being looked into. Over the past two years I have received no communiction from Barclays and no statements etc. The only way of checking if they have received my monthly payments is to go onto Experian (the amount owing is correct with payments I have made), which I cannot afford to do anymore. Should I add to my letter how disappointed I am they have sent me no statetments even after numerous requests. I did read somewhere that they are now required to send statements. Obviously I no longer use accounts but do they need to keep me informed of payments they have received and balance etc. How could I word this in a letter to them. Thanks for your time, Tracey

Thanks to both of you. Slick132 - do I need to reply to Barlays as they say if they don't hear from me within 8 weeks files will be closed. Should I inform them that I am looking to take things further and will let them know in due course. If so, do you have an idea what I should say in my letter. At least this letter will keep things open for me. Thanks Tracey.

Some background. Had two accounts with Barclays which fell into arrears two years ago. I owe them approx 3,000 approx 600 made up of charges. Entered into a DMP which I am running myself. These accounts was closed. I believe the account has been on hold for the past two years while waiting for outcome of court hearing - not sure whether I even had to make payments to them during this time, but have paid amount worked out for DMP every month without fail even though have never heard from them. Only way to check what I now owe is on Experian. All money I have paid has come off the balance - no interest has been added so far. Have now received letter from Barclays (they don't hang around) saying they are not upholding my complaint and will not be refunding my charges. So what do I do now. Do I file claim with FOS and write to Barclays informing them of this. I have 8 weeks to respond to them. From what I have read - the FSA has also said they are not going further with bank charges. I want to obviously carry on with my DMP as the past 2 years so need help.