When is mis-selling not mis-selling?

[Iain_s]

Hi All,

 

I have searched the threads for any similiar questions but to no avail, so apologies if someone has already asked this question.

 

A quick overview of where I am.

 

Complained to Lloyds TSB October 2012 for mis-selling of loans and credit card.

 

Received payout for 2 loans (6 complained about) and rejection for the rest in December 2012.

 

Response letter referring to FOS dated November 2012 for rejected claims.

 

The credit card agreement clearly showed the NO box ticked for payment protection, however when I received my SAR folder, the protection had been applied to my account.

 

Sent in copies of the signed agreement and CC statements showing the payment protection applied to my account and asked for original decision to be reviewed.

 

Received final letter in March 2013 stating that there was still no evidence of mis-selling and case now closed, please refer to FOS as stated in previous letter.

 

Due to quantity of paperwork to sort and copy, complaint to FOS was sent in June 2013.

 

Stupidly didn’t realise that 6 month time limit was from final letter in November

and not in March (Final doesn’t mean final in the financial world I guess)

so FOS rejected my complaint in August of this year, on the timescale rules.

Also mentioned in my phone call with FOS

(I will ask for copy of recording to confirm this) by the adjudicator,

Lloyds did not review my case when I asked them to,

they just sat on it for 3 months then rejected my appeal.

 

Where do I go from here,

clearly Lloyds believe I wasn’t mis-sold the protection cover,

however as it was applied to my account without my consent,

could I open up a new complaint with a theft of monies tact?

 

Thank you in advance for any help.

 

Iain.

[dx100uk]

get back onto Lloyds

since your fob-off they have been fined for delaying and obstructing claimants

 

your case clearly has merit & PROOF.

 

have a read of this thread too

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378821-LloydsTSB-Loan-PPi&p=4120422&highlight=ppi+success#post4120422

 

most of their PPI claims of that period were dealt with by a company TOLD to reject claims

 

their attitude has somewhat changed of recent months

 

dx

[Iain_s]

Thanks Dx,

 

As they have given their final response and clearly they believe the card protection wasn't mis-sold (I agree, as it was applied to my account against my signed contract to the contrary), how would I open a new claim for mis-selling?

 

I'm under the impression that I can't just fire off a new claim accussing them of fraud against my account (or can I)?

 

Any ideas on which tact to use?

 

Thanks,

Iain

[dx100uk]

fraud?

 

you got a general fob off letter for all the accounts they would not refund ppi on

 

some you got refunds for.

 

I cant see why they would reject some and not all as I hope your 'mis-selling claims' were the same for all?

 

if your loans were a refinance of the previous ones too that smells.

 

as for the cc, that's a sep dept of Lloyds

 

pers even though its 6mts i'd write back taking their refusal letter apart bit by bit like the thread I linked too.

 

dx

[Iain_s]

Hi Dx,

 

Thanks for the reply, I have read the link and although it is useful for mis-selling, in my case (I think) it doesn't apply to my cc situation.

 

The rejected claims were for all the same reasons i.e, employed with usual employee benefits etc.

 

My next step is confusing because I originally appealed against Lloyds decision, provided them with the proof that I ticked the 'no to payment protection' box, and yet they still maintained that I wasn't mis-sold the product.

 

Because it was applied to my account (£6k over 14 years), does it fall under the mis-selling ppi umbrella? or do I start a new claim for a charge against my account which clearly wasn't required.

 

Because I'm not sure on which way to argue my case, I'm getting a tad confused on my next step.

 

Any advice would be gratefully received.

 

Iain.

[dx100uk]

blimey they refused it and you ticked no!

 

quite honestly if some paid out

and others didn't

 

#for the same you'd already got sick pay coverage, this is strange.

 

pers i'd be trying to reopen the complaints

 

with Lloyds

 

esp the no ppi tickbox one, that incredible!

 

if not then start a new claim.

 

dx

[NGEddie]

Im really surpised about the no ticked one! We have one like that, clear as day, as well as pre-ticked and other peoples hand writing!

[Iain_s]

Exactly the same as mine Eddie.

 

Going to open up new claims for the turned down loans and also the cc with evidence.

This will give me a new 6 month window to fire off another letter to the fos, when Lloyds no doubt refute the evidence in front of them.

 

Plenty of good advice on this forum, so thanks once again.

[NGEddie]

Is the 6 months regarding a dispute? As I have another of my own which was initially turned down and am waiting for updates on the call recordings.

[Iain_s]

The 6 months is from the companies final response letter (in which they refer you to the fos etc).

 

Had an interesting call from the fos the other day as I asked for a copy of our telephone call, in which I was told by fos that although Lloyds claimed to have looked at my suppplied evidence, they in fact didn't for the 3 months in which they supposedly "investigated" my appeal letter.

 

Fos lady said it was an unusual request to ask for copies of recorded phone calls, just a bit more ammo to fire at Loyds as they claimed to me they had carried out a "full and complete investigation" with my supplied evidence.

If I can catch them out lying in a signed and dated letter, it sure makes me feel better

[dx100uk]

it'll be deolite anyhow I bet not Lloyds.

 

I've just posted a new thread

 

my spy tells me one of them is Lloyds and its going to be a very large shot across

the bows toward ALL companies to STOP WRIGGLING.

 

dx