I'm sort of going through same thing with Halifax. Have no answers and am trying to find them here. At moment I am stuck as their final response from 08 stated about going to FOS WITHIN 6 months and I didn't so the FOS won't deal with it now. (See my thread). Would love to hear how you get on. Did their final response letter from 09 state the FOS stuff?? Someone on here mentioned that judicial review meant they had to reopen previously rejected cases but FOS just replied to me saying there was no obligation too. Does anyone here have any answers?? There must be a lot of people out here who were rejected previously and thought that perhaps they had no case so didn't take it further and now realise they were fobbed off. Keep me posted and keep checking my thread too and hopefully we may get some answers! Must'nt let the banks get away with this.

This is a cut and paste of reply from ombudsman a couple of days ago. I have waited nearly two months as her previous email stated that she will be back in touch once she had read all the information and scanned docs thatI sent her from FSA and FOS website etc about 'reopening cases'. When I contacted just to check up (I hadn't been as phone message says that things could take up to 6 months!) I was told the case had been closed. I emailed and asked what was going on and got this reply. FOS do seem to be particularly rubbish.... Thank you for your emails enclosing submissions regarding the judicial review. I am sorry for the delay in responding to you regarding this matter. I appreciate that you would like Halifax to review your mis-sale complaint. However, it is under no obligation to do so. The initial consultation paper issued by the Financial Services Authority did address the issue of businesses reviewing previously rejected complaints. However, this was only suggested in the consultation paper. The outcome of the judicial review did not make this a requirement for businesses to comply with. Therefore, Halifax is under no obligation to review the sale of your PPI policy again. As you did not refer your complaint to this service within the required time-frame after Halifax considered your case in 2008, we were unable to consider the merits of your complaint. We are therefore unable to take any further action regarding this matter IMS21 - they're saying that the banks are under no obligation then and yet you think they have to - What should I do next - send Halifax a letter saying I'll try and take them to court or would courts say that 'you can't be tried for the same crimetwice sort of thing' ie I've tried before andthey've given me their final response so I can't try again. Help again!!!!

has anyone got their ppi claim back despite not escalating it to the FOS within the 6 months. We received a letter back in 2008 from Halifax saying that they had done nothing wrong and that we had not been missold. We believed them (stupidly) and I did not take it any further. With the media coverage I tried to start it up again with FOS and Halifax but halifax would not reopen and FOS would not go with it. nb FOS have been terrible. I sent them info from FSA website about banks having to reopen previously rejected cases, they said would look into it. I didn't chase as thought they were and a month and a half later contacted and another officer said the case was closed the person had just failed to tell me and in fact just emailed saying she would be in touch after looking at all I'd sent. Our case is cast iron I know now. My husband has always been self employed and has had ppi on loans, mortgage and credit cards and so the amount owed is substantial. Can I go to court?>? Or should I give up now. Will the court just say you've gone past this stupid 6 months etc. nb I'm sure they could not today agree with what they have written in their letter in 2008 as haven't they mostly agreed they have missold these things. ie in 2008 Halifax policy was clearly to write 'lies' and not admit any misselling. Help - am at last stage and Would try small claims court but not if I'm not sure if we'd get anywhere. thank you

thank you. Will do FOS questionnaire now again then and re. spreadsheet as we only have limited statements etc from 2002 I suppose I'll need to SAR them for the info. pertaining to the mortgage account, creditcards and loan. One SAR for all? I imagine for speed I could send them the FOS questionnaire and a SAR and then do the spreadsheet when got the figures etc. Right. will get this ball rolling now. Thanks again!

Hi IMS21 and thank you for your reply again. I'm not imagining I can do this on the phone by any means though although I am much less willing and able (with a baby and toddler and working) to put in lots more hours on this without really knowing if I have a case and so am just trying to get my strategy all together before going for it. (Incidentally I've sent off a FOS questionnaire now to Capital one and am now going to the ombudsman following my response from Barclays after I wrote to them.) But I've already had TWO final responses from the Halifax following my written demands one in 2008 and one in 2012. I imagine and please correct me if you feel I'm wrong but I imagine that if I send them a new questionnaire and spreadsheet but referring to the previous accounts that I've complained about in the past that they'll just in eight weeks time send me another nice letter saying that they have previously looked into this and consider it closed. Are you saying that a banks final response can be responded to - surely they will either not bother to respond or just respond in exactly the same way? Given that I've gone to the FOS previously and they would not look into my claim as I'd gone past the 6 months I also cannot seem to get anywhere with them again and so I just do feel that in my case (and with english law being sort of that you 'can't get tried for the same crime twice') I'm imagining that I am just not going to get anywhere and possibly may be one of the few that is NOT able to claim despite the fact that they have missold just because of the fact we took it so far before and yet didn't continue. This is what I'm trying to find out about and it seems that perhaps no one else is in this position or has been in it or can advise me of what to do in this position so hence why I'm feeling stuck. I am sorry if it seems like I'm posting the same things up again and again but I just want to be try and get as much advice about this particular case before I decide to go forward with it as I think there are going to be quite a few dead ends and I want to make sure I go the right way this time.

Oh an I found this on the FSA website today - so why can I not get the FOS to see that they should re-look at this case? Can you complain about the FOS?! "The outcome of a complaint about a PPI sale should not depend on whether or not the complainant persists past the firm on to the FOS. This is the last chance for the industry to show that it can act fairly, consistently and in the best interest of consumers on PPI."

Husband sold total mortgage protection cover in 2002 plus loan and two credit cards. In 2008 we complained on grounds he's always been self employed, was not asked about other cards with PPI, was told he had to have it by advisor etc. Halifax said 'being self employed wouldn't necc. exempt him from having been sold it and that 'they had no evidence to show that the advisor was 'pushy' and was indeed well trained. Their terms and conditions say you must be 'in continuous employment for 6 months before you could claim 'unemployment.' Spoke to Halifax Insurance today and they told me that he could claim unemployment aspect theoretically despite being self employed. I asked how they would work out this ashe could just decide there not a lot of work on and so decide to go unemployed and they said that he has to show continuous employment with only two weeks break in six months. I do not see how he could provide this sort of evidence?? So I cannot see that this is the right sort of cover for him but obviously they do? DOES ANYONE THINK WE HAVE A CASE HERE? Then next problem and more major one it seems. We didn't complain to ombudsman within 6 months. I did complain about a year down the line when heard about it again on radio but basically the letter they sent us convinced us that we did have it wrong and had not been missold. When we got in touch with FOS, I explained this - they looked at it and said that they saw no reason why my husband couldn't have got in touch within the 6 months (I was suffereing from p/n depression at the time.) But we didn't get in touch also because I wrongly thought that contacting FOS meant writing it all up, SARing etc etc and just couldn't cope wit hthis at the time. They reviewed it all and came back upholding what Halifax had said ie that we had enough time to get in touch and didn't so the case was closed. 2012 - I get in touch iwth Halifax again following judicial review and hearing that they should be reopening past complaints (FOS lady today didn't know what I was talking about here) . Halifax reply back saying ' i understand your complaint is that you are concerned about the way that you were sold ppi on your halifax policies and that they'll look into it. They then write back and say' we dealt with your complaint in 2008 and you had 6 mhts to complain to fos and so we consider this still closed as you never got back in touch. So what can I do. Since we've had a final response from the bank I cannot see where to turn to since the FOS seem unwilling to do anything else. I did speak to FSA today and they said that we SHOULD get back in touch iwth FOS abnd that they SHOULD take it up again. But FOS seem totally unwilling to do anything about it as we'd passed this 6 months deadline. I spoke to a lady today who in the end said to write to them but didn't say she had a lot of hope but I had to direct her to the FSA website and to their section on PPI and claiming and banks having to do better. Basically as far as I can see, if husband had put ina complaint today with Halifax he would get full refund etc as it's a clear cut case but because we were put off and missed this deadline we are not eligible for it. PLEASE CAN ANYONE JUST HELP ME ON THIS. I don't know who else to contact and FSA say one thing FOS another. Bank issued it's final response so I don't see hwat I can do as i don't think I can even write to them again.

I'm new here too. And am struggling to get to grips with it all BUT I do know my husband had an MBNA card and that we traced it to Barclays so you could try them?? Apparently they took over MBNA. Having said this, they 've just offered us a paltry sum as final settlement and so we're now starting over and SARing them too as they will not break down their figure for us. So keep an eye on them! Good luck.

I've just found some info on the web about the judicial review but because our case was NOT on hold ie the Halifax say it has been dealt with they've said no and we didn't contact FOS in time ARE we in fact able to attempt to get it going again with the Halifax. Ironically if we had done nothing then and just writen a letter now it would have all been easy but please does anyone know whether we can indeed get them to reopen the case. I've attached the info. i found on the web below AND a first draft of my halifax letter thank you for reading!!! any comments gratefully received.Thankyou Last month, the Court dismissed their legal challenge to the measures we introduced to ensure that customers are treated fairly when complaining about the sale of a PPI policy. What this news means for your complaint This is the end of the legal process and firms must now get on with handling all PPI complaints and paying money back to customers, where appropriate. If you are awaiting a final response to your complaint or have previously received an ‘on hold’ response, your firm should contact you shortly. If you are still to make a complaint, you should contact your firm directly. If you have already complained but are not happy with the outcome or how your case was handled you can take your complaint to the Financial Ombudsman Service. The ombudsman provides a free and independent service for settling disputes between firms and their customers. You must contact it within six months of receiving a response from your firm about your PPI complaint. we didn't! In addition, the ombudsman has a template to register a complaint about PPI, which you can send to the firm that sold you the policy. my letter draft Dear Mr Customer Services Halifax Bank Dear Sir, Thank you for your letter dated12th March 2012 letting us know that you will not be re-opening our file as you consider that the complaint has already been investigated and is now closed. I believe that following a judicial review last year you are duty bound to re-open cases, look very closely at each case and decide promptly and fairly on an outcome. Indeed I believe you should be actively informing policyholders that they should be able to reclaim their premiums following root cause analysis. Following the BBA's announcement that it was not going to pursue an appeal, the FSA said: "Banks must now get on with handling all PPI complaints and paying redress where appropriate. See quote below. The judicial review in April last year upheld a Financial Services Authority (FSA) instruction for the banks to trawl their records for payment protection insurance policies which may have been mis-sold under the latest guidelines - and to inform policyholders they may be able reclaims their premiums. You wrote us a letter back in June 2008 that dissuaded us seriously from pursuing this case despite the fact that we had other policies in place that you didn’t ask about, were self employed so therefore would not have been able to pursue a valid claim for unemployment, were told we needed it etc etc. At this time you must have known that we had a case for miselling and this must have been written purely to dissuade us from continuing with our claim and effectively timing us out. Clearly now we can see that we were missold all these policies and request again for you to comply with the courts ruling that you reopen cases that have been closed. In our case, closed because your letter convinced us that WE were wrong and so we did not take the claim further. We are happy to take this to court should you not re-open the case.

it's a loan, credit cards (2) and a mortgage which my husband took out in 2002 that has 'total mortgage protection cover' on it - is this PPI? I will write to them again and state that I request them to reopen the case as following the judicial review they are required to open it again should we ask them too. I'll let you know what response we get. Presumably again you can't claim back to 2002 though - just 06? I will also look at all these bits in the 'stickies' section. Thank you again!

can anyone point me in right direction regards the judicial review. I've found a bit of stuff on net about it but should I just write to halifax saying' that following judicial review they should/ are obligated?? to reopen our case (that they have considered closed because we didn't get in touch with FOS within 6 mths after they told us we had not been missold. Also, FOS yesterday categorically told me that just because you are self employed does not mean you have been missold as some policies are fine for you if you are self employed. So how do I find out if that is the case. And surely if they didn't ask if we had other policies in place etc then it's been missold? There is so much mixed information. Also, am trying to get fully clued up with PPI on here but if anyone could point me to the best most uptodate things to read and get to grips with that would be great. I'm browsing through, randomly opening things and lots seem to be written 2007 time and I just wonder if things have moved on since then OR whether that information is still very much current. thanks again

Hi - put in a fos questionnaire to Barclays (one questionnaire) with two credit card numbers on it. One for Morgan stanley (who apparently Barclays took over and one for a Barclaycard.) I have several statements here but no more than that and the ones I have date around 2006/7. They offered us £147 as a full refund of premiums paid but would not break down the figure or explain if it was for one card or for both or whether the morgan stanley morphed into the other barclaycard. I am very confused and don't know whether to accept the figure. It doesn't sound much and I also wonder whether they have just gone back 6 years from now and stopped it there. So my question is... Can I claim back beyond 6 years from now. (I do also have about a ten year old barclaycard statement with a different card number but is this too old to claim back anything. I think with the other two I paid them off around 2007 even though they were active for years before then I'm assuming I can't go back further than 2006?? Are they allowed to not break down the figure for me?? I don't see how I can make a decision with just a random figure put to me! thanks

thank you by the way! It's good to know someone is looking and can help! It's much more difficult than the bank charges stuff that I took on about 5 years ago - that seems relatively easy in comparison- I'm just amazed the banks can get away with all this to be honest.

Hello, I posted my first comment stupidly a day before I went on holiday so did not follow up! Would be grateful of any help. Am struggling with getting to grips with whether we really can get money back in our case asthe banks are definitely making life difficult. Husband self employed decorator all his life. Had Halifax loan, mortgage and two credit cards all iwth PPI. We wrote to them in 2008 they responded saying it was suitable for him so didn't uphold the complaint. We didn't take further as thought we were wrong. They stated that he was earning 18,000 and paying NI contributions so was eligible for it. However, in some small print we read that to claim the 'unemployment' aspect of the cover, he would have to have been'in continuous employment for 6 months beofre the claim' or working on a fixed term contract etc (which he obviously never does.) Surely this means the cover for him was not worth it as he was paying a substantial amount for the unemployment cover?? OR is it that some policies ARE suitable for the self employed. The lady at FOS today actually said that it's not a given that if you're self employed you were missold. She was quite unhelpful really and I felt like I was being difficult in asking her questions. Again, she didn't give me clarity but surely my husband didn't need ALL of the halifax PPI products at once? ie loans, ccards and mortgage? The letter they sent back made us think that we were wrong so we didn't follow up with FOS within 6 mnths. Is this tough? Are we at the end of the line OR can we argue that now that banks are just refunding (ie first claim in with Barclays they've just refunded without question) that they wrote to us in 2008 with the intention of putting us off and that they knew at the time that we should not have been sold it and so were basically lying on their letter. They have just responded so far with 'we have reopend your case but still feel you don't have a case or rather our response is still the same as it was that you had adequate time to complain and didn't' wheras I am trying to argue that we could have had all the time in the world but it's only the recent media coverage that has made us think that we perhaps did have a case but at the time we just thought we didn't. Re. Barclays - they have offered us refund but would not disclose their workings ie after lots of phone calls and complaints today I've found out that they have merged the morgan stanley card with the barclays and that the amount they've offered IS the two cards put together. BUT that they've only gone back 6 years. Can we complain and see if they'd take it back furtjher (we have another older Barclay card too which we haven't complained about so far) OR should we just stop at the 6 year mark and accept it. It's mad though that they will not send me a breakdown of how they came to the amount they are offering (which is £147!) I'd appreciate any help and advice of how to take anything futher. FOS will not help us anymore with Halifax (will not comment as we were outside of the 6 months deadline) and I wonder whether it's worth court OR just perhaps accepting that we may have been too late this time. Thankyou

hi - I'm new here and am sort of at the last post with PPI before I give up. I first heard about misselling of PPI in 2008 and sent off a letter on behalf of my husband. He's been a self employed decorator all his life and had mortgage, loans and credit cards from Halifax. All with PPI. I'm totally stuck about it all though as they wrote back to us then a whole page and a half about why it was right for him and that he hadn't been missold it etc etc. Basically we didn't carry on with the FOS as we both thought perhaps we were wrong. Indeed we carried on with the insurance! Even now I've still got a nagging doubt in my mind that it may be that he did need it and was eligible despite my rational head knowing that he would never have been able to use the unemplohyemtn aspect of it as he was 'never in a continuous 6 month period of employment. Basically though we tried recently to reopen the case and the halifax will not look into it and the FOS when I called said they could not look into the case. Is my only option to give up or try and take them to court? Their letter that they sent in 2008 to my mind seems to imply culpability as obviously at the time they must have known the ppi was useless to us but were trying to fob us off with lots of words and comments such as 'you were paying NI payments that meant you were eligible and earned over £18k ' but all along they have known that he was a sole trader and self employed. I am so angry as husband has only ever done what he thought was best and is not at all money/ financially minded and 'assumed' that banks would give him the right advice for him and didn't even think that they would be taking him for a ride. I'm just so cross that they can get away with it because of a 'time limit' - it's not like if a crime has been committed you can say that you did not report it in time so it doesn't matter and to my mind their letter indicates that they KNEW he was self employed and yet are trying to say that the PPI was valid?? I'm really confused and at the end of the line about it all but would ocnsider court in principle but only if we were likely to get somewhere! Thank you in advance ANYONE who can offer me any advice!