RBS, Capquest, Wescott Credit - all about to pay by the Ombudsman?

**dx100uk** · December 2, 2015

yes but the FOS letters don't mention PPI at all

the investigation/complaint was done solely upon/because of the payment issues.

so

if there was PPI up for grabs and the FOS said yes you can make a sep complaint

you or I would accept the present redress

dx

openwater · December 2, 2015

'....You or I would accept the present redress....'

That's what I was looking for! So not a lot a point in debating negotiating you don 't think - take the offer and make a separate issue of the PPI?

It all makes good sense, it's just that I have no idea how....'flexible' for want of a better expression, the FOS is / can be.

The fact that I have in writing an admission of culpability from RBS in the eyes of the FOS just makes me want to flog that horse for every last penny.

You guys have been with me on this journey - you must know where I'm coming from???

**dx100uk** · December 2, 2015

have we a record here of you stating about the PPI to the fos

is there a copy of your org complaint letter?

dx

openwater · December 2, 2015

I made mention of PPI in my very first letter to RBS, which subsequently was part of what then became the initial letter to FOS.

That was over a year ago.

Subsequent to that I have mentioned the notion of PPI - then the realisaion I had proof of PPI from the RBS SAR info - and repeatedly throughout Email correspondence.

In short, yes, FOS are very aware - and it's well documented - that from the very outset I was initially curious as to whether PPI had ever been applied and latterly could actually, physically prove PPI had been applied. Yet they make no mention of it in todays letter.

It's not for a lot at all btw (about £160ish?) - but it's because smaller things like this have been omitted in the FOS consideration that makes me wonder / want to really see if I can push them.

My real issue is that I have no real understanding of the FOS and the way it operates.

For instance and as a blunt example: Would it be 'wrong' / 'silly' of me to simply write back (adding the recent Capquest dramatics which I didn't even have time to update FOS on yet i.e. cheque / no cheque - SAR not received / SAR complied with but sent to old address etc. ) - and inform them that I do not accept their offer but would consider....£3000?

openwater · December 2, 2015

Dx,

The more I toy with this, the more convinced I'm becoming that I should go for it.

If I were to do so, how would you advise I address it with FOS?

**dx100uk** · December 2, 2015

Have you an email contact on that fos letter?

Dx

openwater · December 2, 2015

Sure do Dx. The Ombudsmans Assistant. That's who sent and signed off on the letter.

What's your thoughts?

**dx100uk** · December 2, 2015

Dear xxxxx

I thank you for your proposed decision letter ref xxxxxx received toda

May I ask where the PPI charged on my loan (was it a loan ow?)

Sits within this decision?

Would this be subject to me making a separate complaint. Please

And what are your views in doing such?

Or is it included in your decision?

As I can't see no mention toward it.

It appears the PPI has taken a somewhat back seat

Sorry if this is my innocence in not correctly outlining PPI

In myu initial complaint

Regards

Open water

Dx

openwater · December 3, 2015

Thanks Dx, that was pretty much where I was coming from.

I may however add an extra point or two to the mail...

Thanks as ever.

I'll update as and when

**dx100uk** · December 3, 2015

IMHO no leave as is

Put their ref in the email title

One step at a time ow

If PPI is open to a sep complaint then accept it

If PPI is or will be Inc we run it further

Wait for the reply

Dx

tentimes · December 3, 2015

Accept it Then do a PPI.

openwater · December 3, 2015

My problem is guys - do I accept it in the first instance? Shouldn't I at least attempt a haggle?

**dx100uk** · December 3, 2015

get that email sent

await the reply.

you cant decide til you know the answer to that

openwater · December 3, 2015

Ok Dx, you've got me this far - so I'm sticking with you...

Email sent, word-for-word as you set it out.

I expect I'll hear something back tomorrow - I will update then

openwater · December 9, 2015

Hi Guys,

Received an Email response from the FOS today. I've copy-and-paste it below:

'Mr Xxxxxx

Thanks for your recent email following receipt of my provisional decision.

Just to clarify – the gaps are about how this mess happened. I’m not expecting you to provide me with any additional information. I already have a hefty case file with lots of information you’ve given us. And based on what I’ve seen, I know what I think is a fair outcome. I’m just giving RBS a final opportunity to see whether they agree with me.

I’ve not reviewed any aspect of a claim against RBS for any PPI which you may have paid and think you shouldn’t have been sold. As far as I can tell from our case history about you, no formal complaint has ever been given to us about a PPI complaint. Before you panic, I may be wrong as PPI cases are dealt with differently from this type of case so I’ll ask Xxxxx (my assistant) to look into this and confirm back to you.

If you’re happy with the provisional decision, please let me know. If RBS confirm back to us one way or the other, I’ll be able to get on with completing this case.

Kind regards

Xxxxxx Xxxxxxx'

What do you make of that guys (Dx?)? The tone is surprising to me. Quite assertive, albeit polite.

And the part: 'And based on what I’ve seen, I know what I think is a fair outcome' - I'd love to know how this 'fair outcome' came to be decided. I can't even begin to deduce what a fair outcome would be???

Thing is, I'm not happy with the decision (as I've mentioned in the past few posts on here) - so should I advise so? And regards PPI, do I push it or let it be?

Dx, I need your wisdom my friend...

Openwater

**dx100uk** · December 9, 2015

I thank you for you reply.

No I have not officially entered any PPI complaints regarding this current debacle.

so, I suppose what im really was asking is that I 'can' now make a PPI complaint.

just thought it might have been treading on your toes, if, ppi were a part of your process.

I thus accept your proposed offer

I thank you once again

and sorry if I confused you any

you have been most helpful.

openwater · December 9, 2015

You never cease to confuse me Dx - '...accept the offer'???

If I accept as you suggest, I'm leaving no scope for negotiating obviously - You don't think I should?

**dx100uk** · December 9, 2015

Just to clarify – the gaps are about how this mess happened. I’m not expecting you to provide me with any additional information. I already have a hefty case file with lots of information you’ve given us. And based on what I’ve seen, I know what I think is a fair outcome. I’m just giving RBS a final opportunity to see whether they agree with me.

you could point out that you feel the offer is a little lower than what you expected, and give a very very brief explanation why.

but you appear now to have the added bonus of ppi refund on top of this sum.

openwater · December 10, 2015

Yep, agreed Dx, I think that sounds logical and, well - KISS :-)

I'll reply tmw using your suggested method and update as and when.

Thanks as always Dx

openwater · December 16, 2015

OK Guys (Dx?),

It looks like - after 18 months - it's final decision time. I've had a response from the Ombudsman following my Email as per above. Here it is:

'Mr XXXX

I thought I’d let you know RBS emailed me to say they accept the outcome of the provisional decision and are happy to settle on that basis without asking me to complete a final decision.

I know in our emails last Thursday you said you were looking for more than being offered in the provisional decision. I’ve reviewed the file again but overall think I’ve come to the right outcome based on the evidence. I know debts were being collected back before 2005 (when the two companies became involved) but there were at least four different accounts so I think there’s a fair chance some of that may have been for other accounts. But in any case I’m satisfied the debt was £3,489.42 when passed to both debt agencies. Therefore overall I’d be re-stating what was in my provisional decision.

If you now want to accept this outcome, we can sort out the final paperwork and get you the money you’re due without now going to a final decision. Alternatively I’m happy to write a final decision but this won’t be any different to my provisional decision. And RBS are already bound to implement the decision as they’ve accepted it.

Do let me know what you’d like to do.

Kind regards

XXXX'

So first off, a WOOP WOOP WOOP :whoo: - I've WON! :-D

However, I do have some questions (and these will be the last ever I guess) I would be very grateful if you could help me out with;

1) What is the difference (or what is the difference to me) regarding accepting the offer before the FOS make a final decision as per her mail? Is it in my interest at all to have a final decision? I have no idea what the difference is

2) RBS, having accepted the FOS decision and consequently the payout to me associated with it, are clearly accepting they are culpable. Is there room to push them further as a consequence?

3) If anyone has ANY comments /suggestions / advice before I reply PLEASE let me know - it could be invaluable...

Thank you all in advance,

Openwater

**dx100uk** · December 16, 2015

1) What is the difference (or what is the difference to me) regarding accepting the offer before the FOS make a final decision as per her mail?

Is it in my interest at all to have a final decision? I have no idea what the difference is - wanna wait another 3mts for nothing more...?

2) RBS, having accepted the FOS decision and consequently the payout to me associated with it, are clearly accepting they are culpable.

Is there room to push them further as a consequence? - no other than PPI

3) If anyone has ANY comments /suggestions / advice before I reply PLEASE let me know - it could be invaluable...yes get on with it...

Thank you all in advance,

Openwater

dx

openwater · December 16, 2015

Dx, Dx.... I owe you so much for guiding me through this incredible journey. I quite simply could not have got this far without your wise words and occasional...'prompting' :-)

So - and it's my last question so please do entertain me - quite simply a straightforward 'I accept' and nothing more?

**dx100uk** · December 16, 2015

and I will shortly be starting the PPI reclaim process with them.

thank you for your time

openwater · December 16, 2015

openwater · December 16, 2015

They can be efficient when they want to be (and nice).

The response from the FOS:

'Thanks very much for this prompt response. I’m attaching a settlement form for you to sign and return – I’m more than happy for you to scan it and email it back as that’ll probably be easier.

I completely understand you’d want a letter from RBS confirming no further monies are due from you and they’ll make sure both Wescot and CapQuest cease any further action. I’ll make sure RBS do this. I did refer to this in the PD so they won’t be surprised.

The rule is a bank has four weeks after they get the settlement form to make sure they’ve done what’s required. There may be a delay because of Christmas – and them ensuring how you want to be paid (send a cheque/direct to bank account) but it certainly shouldn’t take longer than this. Because of the experience you’ve had I will be asking RBS to get the ball rolling and make sure everything’s done as speedily as possible.

I hope that helps.'

And there it is.

My journey seems to be over.

It's been prolonged. It's been frustrating. It's been tiresome. It's been difficult.

BUT IT'S BEEN WORTH IT!!!!!! :whoo: :whoo: :whoo:

And so to return to my header, which was indeed a question when I first wrote it all those months ago;