PPI Claim refused welcome finance final response

[lisa1975]

Welcome final response recieved PPI Claim

Hello

I received this final response from welcome this morning.

I am sorry that you have had to make a complaint. At welcome financial services wevtake complaints very seriously and will do our best to resolve the issuess as quickly as possible.

 

I regret to inform you that my decision is to reject you're complaint because it is outside the relevant time limits. I understand this will be a dissapointment but what follows is my explanation of why I have rejected your complaint and how the time limit applies.

 

The rules of our regulator FSA state that where a complaint relates to an event that took place more than six years ago we are not required to investigate your complaint.

 

It then goes on to say this is because it is very difficult to fairly investigate events that took place a long time ago. The law also allows firms to destroy documents and records more than six years old. This makes a fair investigation very difficult.

 

It then goes on about how to complain to the ombudsman.

 

What is my next step from here do I write to welcome again or go to the ombudsman any advice you can offer is greatly appreciated thanks

[mangle101]

Thats funny as i claimed back mis-sold PPI dating back to 1999, if you were mis-sold then you were mis-sold time constraints ( As far as i am aware of, do not come into it ) I would refer this to the FOS as you have received a final response, send them a copy of yours & Welcomes letter, as it sounds like a typical fob off to me.

Edited March 6, 2010 by mangle101

[lisa1975]

Thank you

origanally it was a company called the claims guys who took on the claim for ppi in January this year everything seemed to be going well they even said at one point that welcome had addmitted errors on the agreements.

I heard nothing for two weeks so I called them they advised me that welcome were no longer investigating my claim as they had to have been sold to me by 27/2/2003 both my agreements are later than that so I called them back they said they would speak with a manager and get back to me which they did this time saying the date had been up dated and they had to be after jan 2004. Told them I was going to the ombudsman to which they said there wasn't much point as he wouldn't be able to do much more. Although welcome have written a final response regarding this claim can I still contact them to take this further or go straight to the obdusman this is all so confusing thanks for your time and help.

[mangle101]

As it is a Final Response you can go straight to the FOS if you want to or you can write back to Welcome stating the following that was taken from another thread in regards to the 6 year period that they are claiming -

Fraud, concealment and mistake

 

32 Postponement of limitation period in case of fraud, concealment or mistake

 

(1) Subject to [F1subsection (3)][F1subsections (3) and (4A)] below, where in the case of any action for which a period of limitation is prescribed by this Act, either—

(a)the action is based upon the fraud of the defendant; or

(b)any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or

©the action is for relief from the consequences of a mistake;

the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.

[lisa1975]

Excellent thank you so much for that I will put pen to paper right now its just what I needed someone to tell me what to do and what to state back to them thanks a million

lisa

Edited March 6, 2010 by lisa1975

[lisa1975]

Been on to welcome no luck there, I checked with the FLA following findings on MSE website according to them if an agreement was signed before 6th April 2007 then the FSO cannot help. Although it states on the FSA webpage that welcome have been members with them since 4/11/04. Any way telephoned the FLA and they have a complaints procedure that I can complete. Advised that welcome could still refuse to investigate even if the FLA complain and should maybe contact citizen advice with my claim to ensure I have proper grounds to claim.

What now GIVE UP?

No never I contacted the FSO anyway I was told there that although welcome finance was not a member of the FSA register until 04/11/2004 they were under the Genaral Insurance Council from February 2003 therefore my claim can be investigated and the FSO will look into this for me.

I wish this was as easy to do as I had thought lets hope it pays off because I am NOT giving up

[lisa1975]

Re: PPI Claim refused welcome finance final response

Been on to welcome no luck there, I checked with the FLA following findings on MSE website according to them if an agreement was signed before 6th April 2007 then the FSO cannot help. Although it states on the FSA webpage that welcome have been members with them since 4/11/04. Any way telephoned the FLA and they have a complaints procedure that I can complete. Advised that welcome could still refuse to investigate even if the FLA complain and should maybe contact citizen advice with my claim to ensure I have proper grounds to claim.

What now GIVE UP?

No never I contacted the FSO anyway I was told there that although welcome finance was not a member of the FSA register until 04/11/2004 they were under the Genaral Insurance Council from February 2003 therefore my claim can be investigated and the FSO will look into this for me.

I wish this was as easy to do as I had thought lets hope it pays off because I am NOT giving up

[rhos123]

now that you have had a final response from welcome, then contact the fos let them look into it, it will take time but it will also cost welcome £400-£500 for the fos to investigate your complaint.

[lisa1975]

Ok thank you I think that's my best option thank you for your time and help I will keep you posted on my progress!

[BigCannon]

Thank you

origanally it was a company called the claims guys who took on the claim for ppi in January this year everything seemed to be going well they even said at one point that welcome had addmitted errors on the agreements.

I heard nothing for two weeks so I called them they advised me that welcome were no longer investigating my claim as they had to have been sold to me by 27/2/2003 both my agreements are later than that so I called them back they said they would speak with a manager and get back to me which they did this time saying the date had been up dated and they had to be after jan 2004. Told them I was going to the ombudsman to which they said there wasn't much point as he wouldn't be able to do much more. Although welcome have written a final response regarding this claim can I still contact them to take this further or go straight to the obdusman this is all so confusing thanks for your time and help.

PPI is PPI regardless of how long ago. They may not have their records but you will have your bank statements showing what you paid.

Write to Welcomes PPI claims department direct. Thats right. A seperate department for PPI claims. There must be one heck of a lot of us!!

[dx100uk]

yep

limitations act sec 32c applies

you were not aware, clock ticks from when you become aware.

 

off to the fos, [you can do it online at their site. [there is a link on their homepage]

 

dx

[lisa1975]

PPI is PPI regardless of how long ago. They may not have their records but you will have your bank statements showing what you paid.

Write to Welcomes PPI claims department direct. Thats right. A seperate department for PPI claims. There must be one heck of a lot of us!!

 

They have the agreements it was them that I got a copy from they are just not investigating my case as they say because they were signed before 2005 they are no longer required to investigate. I have complained to the ombdusman hopefully they will be able to help!

[mangle101]

They have the agreements it was them that I got a copy from they are just not investigating my case as they say because they were signed before 2005 they are no longer required to investigate. I have complained to the ombdusman hopefully they will be able to help!

 

This is the problem i am having with Direct Auto Financial Services at the present time ( Go to FOS but, we were not regulated!! ), when i receive the expected final response from them ( Letter expected by 18th March ) it looks like i may have to seek legal advice & then threaten / take them to court.

Edited March 12, 2010 by mangle101

[lisa1975]

Go to the fos anyway as when I called an explained welcomes final response to my claim being outwith time period the fos advised me that although they weren't registered with the fsa then they were registered under the general insurance council since feb 2003 and they may be able to go down that route instead it's worth a pop anyway what have you got to loose and as someone on here advised me it will cost welcome £300 to £400 having the fos involved.

[BigCannon]

Hi Lisa, I am writing to them again this morning. On looking at the agreements again, I see they have added the administration fees to the total of the loan (£75 in each case) and are charging interest on that as well. This is not allowed under the rules. They must surely know this!!

[lisa1975]

Thr agreement side of things Is another issue I am in the same position as yourself and this is the way the fos has advised I go about as you are awaiting your final response when you get this don't even waste time writing to them again take your ppi issue to the fos they can not investigate your ppi claim until you have the final response letter Contact the fos today and tell them you wd like to make a complaint regarding your credit agreement the fos will investigate the two claims individualy I have another post on the forum I will find it and forward it to you in a minute.

 

 

http://www.consumeractiongroup.co.uk/forum/welcome-finance/250557-help-needed-welcome-finance.html

go to this thread you will get pointers from here

Edited March 12, 2010 by lisa1975
Additional info

[lisa1975]

Hi

just to say that's my complaint posted to the FOS along with all my evidence against welcome finance fingers crossed for me! I will keep you updated cheers.

[lisa1975]

deleted

Edited June 15, 2010 by lisa1975
photos too large

[lisa1975]

Hip hip hooray Hi just thought I would let you all know that my claim with welcome finance through the financial ombdusman has been a success. I recieved a letter from the FO informing me that welcome have decided to settle my PPI claim. There is no settlement figure provided this will be sent by welcome to me direct although I have recieved instructions as to how my settlement should be worked out. I will attach the settlement payout advice I have recieved from the FO and if there is any one kind enough and clever enough to work out what I should expect as a settlement I would be extremely gratefull.

[steed]

Hi there, well done you. I am just looking through all the PPI stuff as I have just started my quest for claiming PPI from egg.

Did they agree to pay compound interest?

Did you ever speak to FOS or was it all by letter?

 

Keep us all informed!!

[BigCannon]

Can I suggest you do EVERYTHING in writing. I have just sent a file to the FOS in respect of two loans on behalf of a young mum with two children. The HP was for a car and shortfall insurance has been added plus an unexplained EXTRA for £299. The personal loan was for £2000 cash on which had PPI and Lifecare insurance added because the mum was told she could not have the loan without it. I got involved because she is the daughter of a long standing family friend. When I worked out what she would be paying, it was a staggering £5,239. Having got fed up with receiving Final responses I wrote to Margaret Young, the company chief executive at Cattles with a copy of my latest letter to Welcome. My complaint started 19 Sept 2009. I quizzed them about the unitemised item and they finally said that it was for paint that stopped chippings coming up from the road and damaging the paint. I have asked for all the paperwork relating to this and proof it had been applied. This resulted in a massive climb down and a letter upholding my complaint and the agreement to refund the money and offset it against the two loans. However, they will not under any circumstances put any figures to this offer. I will try to attach a copy of their "acceptance form" which is a joke. They want her to accept their offer with no supporting figures.

I spoke to FOS and outlined my story and they asked me to send all the relevant paperwork. You also need to download two forms from their site. I will let you know how things go.