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**billypre** · 22 January 2011, 17:08

Re: Rejected by FSCS - gutted

REPLY from Di

Hi Billy (nice to see you here, welcome).

Don't panic right yet!

I am sorry to hear this but there is another way.

The Financial Ombudsman service (FOS) are suggesting to pursue the insurer/underwriter of the loan company.

I actually have a case, due to the same circumstances are yourself with an Adjudicator right now.

With mine, it was a pre 2005 where they were not regulated, the business dissolved so the FSCS are not able to deal with these cases, not even the FOS, but if you pursue the underwriter/insurer they would have been governed/regulated (as an insurer).

Now what you should do.........

Contact the FOS anyway by ringing them for the quickest method
http://www.financial-ombudsman.org.uk/c ... index.html
Explain your situation.

The FOS is likely from here to suggest the insurer/underwriter as they are now also investigating to see if these were also part responsible.
For example, when your loan was accepted, its down to these to check your details to give the go ahead, and they had to make sure you were eligible for the loan/ppi etc.

If they FOS do not mention this direction, then do so yourself by making them aware you have been informed others have been told to do this.

So what you do then is write to the lender and ask for a copy of the Loan insurance details, ask if they can supply by 14 days as from the date on your letter.
(these documents you do not always receive with your documents you received from your loan).

When these arrive, check the details of the insurer/underwriter, the full details of how to complain will be or should be enclosed.
Write to them the same way as you would with the broker to make a reclaim, and if they don't come back with a favourable decision, then complain to the FOS who will be willing to take this on to investigate.

It have been suggested to myself and others in the same situation as yourself and mine have recently been passed on to an adjudicator, however it may take some time, but its another direction to try.

Hope this helps, but ask for help if you require any further details on this.

Good luck.

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**billypre** · 22 January 2011, 17:09

Re: Rejected by FSCS - gutted

Hi Di. Sounds like a glimmer of hope ! I'll take it

So i need to send my loan provider the letter asking for a copy of "Loan Insurance Details".

Do they HAVE to send me this ? Is there a template ? Do i need to send them a payment for the info or do you think they will just send it to me no fuss ?

I know you said yours is with adjudicator etc and others in same boat but has anyone actually been successful with a pre-2005 like this before ?

So many questions lol sorry.

It's certainly perked me up a bit knowing there may be something in it and fingers crossed.

**billypre** · 22 January 2011, 17:09

Re: Rejected by FSCS - gutted

Reply from Di

Hi Billy

Hope your well

What I would do is get all this rectified by the FOS first, although you can still continue to write to the lender for the policy document if you want to.

What I did was, just write a letter along the lines to this.....(keep it simple)

Dear Sir/Madam

Account number XXXXXXXXXX

Please could you send my a copy of the Payment Protection Insurance booklet to me by 14 days to my above address, this document should enclose details of the Insurer, my account number is shown above. I am entitled to receive these details on request.

I expect to receive the above details 14 days from the date of this letter.

Yours sincerely

.................................................. .................................................. .......................
No payment required.

I was told to keep everything in writing and post by recorded delivery, for proof of posting.

And when that arrives, you can either make the reclaim yourself or ask the FOS if they could write to them on your behalf, many have done this method, but they MUST supply this document to you.

You can let me know when you receive these first if you want to and we shall take it to the next step, or ask the FOS to write to them on your behalf.

To what I am aware of, I'm sure someone was successful this way, but uncertain if this was to do with a rebate or a ppi mis selling issue, but if the FOS have been asking customers to go this direction they must believe they are also part liable too.

It will probably take some time, mine was sent to the FOS about a year ago and it was passed to an adjudicator about 2 months back

**billypre** · 22 January 2011, 17:10

Re: Rejected by FSCS - gutted

Update

Took Di's advice and called FSO asking about what can be done next. FSO immediately came up with same solution as DI and said we could go for underwriters. Unfortunately i don't know who the underwriters are so FSO told me to get the name of underwriters by writing to my loan provider as Di said.

I'm never good with patience so decided just to call up GE Money and ask them who were my underwriters for the ppi. To my surprise they told me who it was and their address and number. RESULT and saved writing and waiting on replies to letter.

Rang FSO back and they said they would write a letter to the underwriters and they now have 40 days to respond. If they reject complaint then FSO will take over. RESULT

I also decided to give the FSCS a call. They had previously investigated my complaint and rejected on the timescale grounds. As i have absolutely NO paperwork from the loan or ppi i asked FSCS if they would be able to send me all the details they have gathered for my case, including my original application from for reclaim etc. No problem they said, they will photocopy my entire file and send it out first class. RESULT

So, the balls rolling again. Pinnacle (underwriters) have 40 days to investigate my complaint. Pretty sure they will reject but then the FSO can take over. Big bonus for me is that FSCS have agreed to give mne my case files and it has copies of original loan, ppi, dates etc so i don't have to use guesswork anymore

Feeling better now than i did yesterday morning thanks to your lifeline Di. Hope your case moves along quickly as it seems to have dragged on a bit. Hope mines moves even quicker !! You never know, the underwriters may just back down and pay out.......... or maybe not lol.

**billypre** · 22 January 2011, 17:10

Re: Rejected by FSCS - gutted

Reply from Di

Great news Billy, pleased to hear it.

And hopefully there is a light at the end of the tunnel for us both going this direction, fingers crossed.

Look forward to hearing the outcome of yours Billy, keep your chin up okay, if they refuse then let the FOS sort them out for you, good luck X

**billypre** · 22 January 2011, 17:50

Re: Rejected by FSCS - gutted

OK, so got another letter from Pinnacle who have admitted they cannot deal with my request in a timely fashion and prompted me to contact FOS if i am not happy.

This i have done and have to complete their questionnaire and return it. Will send off on Monday.

**di30** · 22 January 2011, 19:15

Re: Rejected by FSCS - gutted

Good luck Billy

I have Income protection with Pinnacle, its gone up again too!!

**findingaway** · 22 January 2011, 20:50

Re: Rejected by FSCS - gutted

You're a man on a mission Billy - you don't waste any time haha. I'm short on patience when it comes to waiting too but that phone call prob saved you at least a week! Brilliant advice Di as usual, well done.

Just shows how it pays to turn every stone eh?

DI, I've got a ppi calim against MBNA on hold, do you know what's happening with the banks stance on that?

FAW

**di30** · 22 January 2011, 20:56

Re: Rejected by FSCS - gutted

Hi Findingaway
Nothing up to now, but the case of the Judicial Review starts at the beginning of next week.

How long have yours been going on?

**findingaway** · 22 January 2011, 21:10

Re: Rejected by FSCS - gutted

Di I'm at my daughter's babysitting so not got exact dates but maybe you will have a good guess. When I 1st applied I got a letter back after about 2 weeks to say I would hear within 21 days, then when that was up I got another saying they needed more time & gave me a date I'd get a full response by which was 28 days away, that took me to the week the banks decided to put claims on hold & I got a letter that same week to say my claim was on hold. In my mind they def held my claim up as they knew what was coming... dirty tricks

It's only for a couple of hundred, but it's better back with it's rightful owner!

**di30** · 22 January 2011, 21:23

Re: Rejected by FSCS - gutted

Originally posted by findingaway View Post

Di I'm at my daughter's babysitting so not got exact dates but maybe you will have a good guess. When I 1st applied I got a letter back after about 2 weeks to say I would hear within 21 days, then when that was up I got another saying they needed more time & gave me a date I'd get a full response by which was 28 days away, that took me to the week the banks decided to put claims on hold & I got a letter that same week to say my claim was on hold. In my mind they def held my claim up as they knew what was coming... dirty tricks

It's only for a couple of hundred, but it's better back with it's rightful owner!

How frustrating, so they had more than enough time to tell you this and they dragged it on the wasters!

I do hope something good comes out of this review, and hopefully soon as well.

I have other cases resolved, but missed out on a further 2 reclaims via lloyds again, these are also held back due to the JR. I missed the boat on them ones, where they did previously uphold on the others just resolved before I taken any action on them ones, but its only because I did not come across these last 2 until after I dealt with the previous!

I will keep a look out on the news - JR and will post up of any news as they arise.

**billypre** · 7 February 2011, 16:25

Re: Rejected by FSCS - gutted

Had a lot to deal with lately so this stuff went on hold. All ready to send off tomorrow though

**Never-In-Doubt** · 7 February 2011, 16:29

Re: Rejected by FSCS - gutted

If it's pre-2005 then the FOS deal with the claim don't they? I made a post about all this the other day eeek? Can't find it now (typical)!!

**Never-In-Doubt** · 7 February 2011, 16:34

Re: Rejected by FSCS - gutted

Found it in protected area. Post content below....

Originally posted by Never-In-Doubt

Oh, and whilst I remember - whenever we go for a bank, the first thing we do is obtain proof of past misdemeanors. I have a classic example and will use that against them, this is one of over 30 i've found - this one is important cos Egg admitted that they lied (idiots)...

See here: ---> http://www.thisismoney.co.uk/insuran...in_page_id=136

I think you will still have to go to the FOS because remember, your claim for compensation is dependent on when you took the insurance. PPI sales only came under the jurisdiction of the FSA on 14 January 2005. Any sales made before then are not covered by the latest rules. However, if you bought before January 2005 it is likely that they will have been covered by a previous regime of rules. This means that the Financial Ombudsman Service will be able to consider these complaints. If you took PPI after January 2005, your claim is subject to the latest rules (not applicable to you).

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