HSBC PPI Claim now moved to FOS

[allison6564]

Yes clear as anything that thx...do you think I should quote their own case study back to them in my response....I'm going to work on it in the morning

[theoldrouge]

Yes def quote and refer to their case study, don't rush your response it's so important

[allison6564]

had a go but you know what I'm like at letters......will pm you the letter OR xx

[allison6564]

Well update on this one.

 

Wrote to FOS with help of OR and said that I wanted it sending to an ombudsman.

 

Hubby got a call from FOS in the week saying they are not upholding the claim

but we thought they were referring to another claim we have with them.

 

Waited for letter which arrived today and

they state that they have reviewed the case and are still not upholding it

and if I want it to go to an ombudsman then let them know by 11th march.

 

Confused as I had said to send to ombudsman in the letter so I rang them.

 

he said that they had used the policy documents from 98 that don't say it is any more onerous for se person to claim.

 

I said that the terms and come from 2005 show it is more onerous and asked him if tney ,

in making their conclusion referred to the 'actual' ones from 98

as he was adamant that's what they use in making their decision.

I said that I would like to see these documents as when iI sent SAR to HSBC they could not

Provide them.

 

I also said that they had not even provided a copy of the original CCA and

he said that companies only keep documents for so long and as there was another CCA from 2006

that is why they must of destroyed the original one.

 

I then pointed out that the 2006 clearly shows that the PPI box was not ticked but then

 

he said that the fos have to use the documents from the original sale

and so could not take it into consideration.

..was going round in circles with him.

 

He was adamant that the decision not to uphold was down to the policy documents stating

that it is no more difficult or onerous for se person to claim.

 

Baffled to be honest and

could really do with finding a way of getting a copy of the t & PC's from 98

because he said if I could provide these then they would reconsider.

 

I now have to write in to say I want to go to ombudsman yet again

but any thoughts on these developments and does anyone have copies of the t & c,s..gonna try again on net thx

[theoldrouge]

yes its vital really to get hold of those 1998 t&cs. mine are from 2003 as said, I would have thought those from 1998 would have been as hard if not harder for se to claim, as they were really pushing ppi back then

[theoldrouge]

can you scan in their new letter

[allison6564]

Sorry at home so no scanner but its only short will type it

 

We have looked into the new I formation you sent us

You recently contacted us to let us know you disagree with our initial assessment of your payment protection insurance complaint.

We have considered the points you made when you wrote back to us. But unfortunately they do not affect our decision not to uphold your complaint.

If you want to take thing further

We appreciate this might not be the answer you were hoping for. If you would like an ombudsman to review your comp,ain't and make a final decision, please let us know by 11th March 2014.

[theoldrouge]

I seem to remember reading a thread cag member rebel 11 had a hsbc card statement around 1998, may be worth a pm to see if they have the ppi t&cs

[allison6564]

Done...fingers crossed x

[dx100uk]

try HSBC crusher too

or check his threads

 

dx

[rebel11]

Hi allison

 

I've had a cursory look, I've found a credit card statement from 1999, it's got stuff on the back, doesn't really help. I'll do some further checks tomorrow. Their annual charge put me off using their Credit Card.

 

I remember there was a dedicated website with a whole load of Terms & Conditions from various banks for claiming back charges. Post 2.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?91707-Archives-of-Abbeys-web-pages-Terms-and-Conditions

 

If HSBC can't provide Terms & Conditions for 1998, how are the FOS going to know if what you send them is correct or not?

 

I've checked internet archive.

[allison6564]

Hi rebel that is what I said to the FOS yesterday when I phoned them. They were saying that they used documentation from 98 to make their decision that it was no more onerous for SE person to claim..so I said are you saying that you have actually seen documents from 98 and he said yes. I then said well I would like to see them as I know it would of been harder. Going to follow it up with a letter but all sounds fishy to me..they seem to be HSBC's side.

[allison6564]

Had a look through the post and seems to re.ate to Abbey 'banking' terms n conditions...I need to find the PPI terms n conditions to show the FOS......like looking for a needle in a haystack

[rebel11]

Hi allison

 

Yep the T & C's are Abbey, one of the posters I think started a website where they had collected terms and conditions for lots of banks. Anyway here's another link, you'll have to go through it:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?95312-HSBC-T-amp-Cs-HERE/page3

 

Had a look through the post and seems to re.ate to Abbey 'banking' terms n conditions...I need to find the PPI terms n conditions to show the FOS......like looking for a needle in a haystack

[theoldrouge]

been having a dig around google, and like you say Allison its like a needle in a haystack.All I have found so far is someone who was se in 1998 with a Midland Bank Loan with Credit Protection Insurance who was refunded because of t&cs, so why would card repayment protection ins be so different? and why would the fos not disclose the exact wording of the particular t&c they are relying on to refuse your claim? it is after all the reason for refusal that they are not really giving

[allison6564]

We was with midland before it became HSBC so I wonder if it was midland when we took out the card....going to try and find out when it changed. Like you say though the FOS should provide me a copy of the paperwork that their using to not uphold my claim. Going to have a go at a letter to them tomorrow but will post it up first.

[allison6564]

Just thinking about the phone call though and he just kept saying that in their opinion the documentation didn't make it more onerous....are they saying that the fact a se person would have to cease trading etc is not more onerous. I could do with some tips on wording why I feel this is more onerous.

[allison6564]

Just googled and HSBC phased out midland in 1999 so would of been midland bank when we took the card

[theoldrouge]

Just thinking about the phone call though and he just kept saying that in their opinion the documentation didn't make it more onerous....are they saying that the fact a se person would have to cease trading etc is not more onerous. I could do with some tips on wording why I feel this is more onerous.

therin lies the problem. The 2003 t&cs certainly make it more onerous for the reasons I have given and have used many times, but without the 1998 t &cs we are completely in the dark as to what they say,and dont forget hsbc themselves paid out on my 2003 t&cs "as a gesture of goodwill" on a s/e basis

Edited February 23, 2014 by theoldrouge
extra sentence

[allison6564]

I'm bumping this post in the hope that someone will have a copy of the terms and conditions for card payment protection that would of been issued by what was then Midland now HSBC back in 1998.

I am battling with the FOS on a PPI claim and it is crucial to my case that I get a copy of these.

Please please if anyone can help get in touch.

Thanks

[allison6564]

HI OR before I write back to the FOS asking to see the terms and conditions that they have based their decision on is there any way you could either scan and message me a copy of the 2003 ones or if you message me I could send you my address for you to post a copy to me. I'm just thinking that I may need to send the earliest ones that I have to them.

[theoldrouge]

yes something can be arranged if needed, read a court case the other day and mrs frost had a Midland Visa Credit Card in 1998, not what the case was about but came up in evidence, so yours may well have been one of those

[allison6564]

Do you have a link...will look for Mrs frost on here now thx

[theoldrouge]

arrow Global v Frost, doesnt make for happy reading

[allison6564]

Well had a letter from the FOS today and

 

they have totally ignored my request to see the t & C's that they used to determine my claim.

 

The letter just says that as I was unhappy with their decision it will now be reviewed by an ombudsman.

 

Shocked to be honest that they have just ignored my letter

hope when it gets to an ombudsman that he will be too.

 

Back to waiting now.