Ppi claim - loan paid off, how to calculate??

[zakfixit]

One whole month later, I have a reply in the form of...

 

"Having review the information that you have provided we no longer hold a file for the account you have quoted in your letter on our systems due to the length of time that has lapsed since the closure of your loan.

 

In the meantime, if you are not satisfied with my decision and as I am unable to determine who you can refer your concerns to, please contact the Financial Ombudsman Service."

 

Pretty much along the lines of what I expected them to answer - they're refuting the claim on the basis that they don't hold any details.

 

Any advice on next course of action?

[sillygirl1]

Contact the Financial Ombudsman Service as they have clearly stated. Play them at their own silly game.

[dx100uk]

then send them an agreement copy back !!

 

now get out of that!

 

dx

[zakfixit]

@sillygirl1 Don't think FOS will touch because loan was from 2001 :/

 

@dx The letter I received was in direct response to me sending them a copy of the agreement and copies of the statements showing the payments made to the account, including PPI.

 

Banging my head against the wall... still !!

[dx100uk]

they cannot refuse

 

you have the evidence!!

 

 

the FOS will deal as you have all the necessary paperwork

 

nice firm.....

not!!

 

dx

[dx100uk]

or write back

 

so what your system holds no imformation

 

i've kindly included it for you

 

i can find no viable reason on any of the gov't websites/org's that says

even if YOU hold no information, that you should refuse my complaint should i supply what you require.

 

please point me to the ACTUAL legislation that CLEARLY STATES

you can refuse my claim just because YOU hold nothing on me ,

even though i have/can provide it.?

 

 

dx

[zakfixit]

Some very good points there - I think I will write back again stating those points. I think they'll just ignore it though! I still don't know whether to bother writing to the FOS or whether they'll just say it's before their time and they won't deal with it?

 

Do you think I should just write to them anyway - at least it would get the ball rolling there?

 

Cheers

Zak

[dx100uk]

ring the fos

 

but dont let up on ge though

one tip

 

dont let the fos go down the broker route

 

clearly state that ge money have coughed when confronted by se 56 cca before

quote cag if yuo wish

 

 

 

dx

[zakfixit]

Ok, I have fired off another letter to GE making the salient points.

 

Do you think this is going to end up in court? I'm not going to back down as it's really frustrating knowing that I was conned out of this money in the first place and I feel like I'm being conned all over again!

[zakfixit]

Quick update - FOS have acknowledged my complaint but not holding my breath for anything further for a while at least!!

 

The FLA replied almost instantly stating

"GE Money has not upheld your complaint as your complaint is time barred.

Investigation of complaints about older agreements is difficult,

due to a lack of historical information relating to the account.

 

Current guidance permits a firm to reject a complaint without further consideration,

if the complaint falls outside of set time limits.

 

Your complaint is older than six years and has been rejected for this reason.

 

The FLA is therefore unable to investigate this complaint.'

 

I don't appear to be getting anywhere

[dx100uk]

really?

 

write back to th FLA and politely suggest they look at:

 

the FOS website - there is NO tim limit on PPI reclaims

 

and

WHERE in the statute of limitations does it state there s a time limt?

 

dx

[sillygirl1]

The FLA are a trade body and protect their members, they do not do much when somebody complains about one of those members.

[zakfixit]

Ok, have another update, this time from FOS.

 

'We are unable to investigate your complaint about GE Money (First National). This is because the event you have complained about (sale of ppi) took place on a date before the sale of insurance policies by this firm became covered by our jurisdiction.

It is possible however, that you may be entitled to pursue a complaint against the underwriter (insurer), which provided your policy cover. Therefore you will need to make a complaint to the underwriter. If you're not happy with their response you can then bring the complaint to us using the normal process.'

 

So FOS haven't gone down the broker route, they've gone down the insurer route instead. I did as you said dx and stated clearly on my complaint that GE had paid out on se 56 cca before but I suppose that doesn't matter because as they said, they weren't under their jurisdiction at that time.

 

Again... any thoughts much appreciated

[dx100uk]

yep

 

fla time them

 

they cannot just brush off your complaint becuse they say its time barred....its not!

 

dx

[zakfixit]

I've already wrote to the FLA again stating that it's nonsense about being time barred (or words to that effect) and am awaiting their response - what do you think about going after the insurer? How would I even find out who the insurer was as I don't have the PPI paperwork?!

[zakfixit]

Ok, I have a nice prompt rebuttal from FLA and it goes like this..

 

"Code of practice: GE Money Home Finance Ltd

 

Thank you for your most recent letter received 11 May 2012(it was acually dated 1st June?).

 

Firstly, I would like to point out complaints relating to an individual the FLA Consumer Code of Practice will apply.

If you have references to indicated the FLA Consumer Code has been breached,

please let me know as soon as possible. (Not entirely sure what they mean by this paragraph???)

 

GE Money has not upheld your complaint as your complaint is time barred.

More details about the FSA time barred ruling you could contact them direct at the following address: Blah.

 

If following your correspondence with the FSA you reveal any further information which indicated that your complaint is in fact not time barred.

Please contact the FLA and I will address this with GE Money.

 

The FLA would suggest that you seek independent legal advice.

Additionally you could consider contacting your local Trading Standards office or the Citizen Advice Bureau.

 

I am sorry that in this instance we have been unable to help."

 

AGH... I have the copied the letter as is and the incorrect usage of the English language and the grammatical errors make my blood boil.

 

But moving on, any advice??!

[dx100uk]

dear sir

 

i am rather confused.

 

Are you saying that my PPI reclaim against GE Money is time barred?

 

if so please quote SPECIFICALLY where your are getting this information from?

 

On the FOS website, it clearly states PPI reclaims are NOT covered by the statute of limitations

as the 'clock start' is when the reclaimer became aware he could reclaim.

 

Due to media coverage i was not aware i could reclaim until very recenty, hence the claim!

 

disgruntled customer

 

dx

[zakfixit]

Yes, I had effectively said that in the previous letter.

 

I have written to the FSA for written clarification as on their website it states..

 

"As well as providing guidance on the content of the customer contact letters, the FSA is also clarifying when and how firms might decide that a complaint is ‘time barred’.

 

Normally, customers have six years from a sale to complain or, if later, three years from when they became aware (or ought to have become aware) that they had cause for complaint. When a complaint is made outside this limit, the firm is no longer obliged to consider it and can reject it; the Financial Ombudsman Service may also dismiss a complaint made outside these time limits."

 

I will then copy their response back to the FLA. It is very ambiguous in so much as, in one breath they are saying that the company are no longer obliged to consider it yet in another they are saying that I have 3 years from when I became aware for it to be considered. Now either they are saying that I can claim and the company has to make redress, or they aren't.

 

Seem to be on a perpetual merry-go-round!!