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  • Re: MattyA's Masterplan....

    Most I would think Ken.

    From personal experience the 1st offer in every one of my claims has been wrong.

    Matty

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    • Re: MattyA's Masterplan....

      Absolute joke & utter disgrace!

      FOS have not upheld the Mrs claim against M&S for mis-selling of PPI - after sitting on it for over a year and me putting a complaint in.

      The reason being , whilst they accept that she was a nurse who had worked for the NHS for over 20 years and was in good health and would therefore receive sick pay etc , they (The FOS) say that she could have claimed on the policy and been paid out in effect twice!!!

      JESUS - Isnt this what the whole bloody thing is about anyway!! being sold something when you dont need it because you are already covered elsewhere.

      The pendulum within the FOS has deffo swung in the favour of the banks (who pay their bills) and the consumer is being tricked into going it alone , only to be ultimately let down by this bunch of toothless tossers / no marks.

      Out of all my claims this was the one I believed to be strongest.

      A high pressure sale,in the store as part of a promotion, switching from one M&S card which didnt have PPI to another M&S card that did in order to get a discount on the day.

      Unberfuckingbelievable.

      They even franked dthe envelope with 'seasons greetings'.......Feckers

      Watch out folks , the tide is turning against us.

      Time for a solicitor to have a look at this.......I will have to trawl the threads as I am sure someone on here ( PlanB / flowerpower....maybe) has had a result with such a claim.

      Pointers anyone would be much appreciated.


      Matty

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      • Re: MattyA's Masterplan....

        Copy of FOS letter
        Attached Files

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        • Re: MattyA's Masterplan....

          Blimey Matt I am so sorry to hear this!!!

          A strong case like your's (Mrs) should have been a straight forward one, and for them to have taken a year, then to be told this!!!

          I note the adjudicator said about contacting on the number that is no longer working, in my opinion as she requested for the info - she should have put it into writing or email before she come to a decision to not uphold the complaint.

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          • Re: MattyA's Masterplan....

            ........also to add that I wouldn't leave it there either, not after it's already been with them a year!

            The point here is, was there was cover in place already! This is at least one of the mis selling reasons, where there is a right to reclaim back on the PPI.

            It also goes to show that the adviser/seller who sold it did not follow the correct selling procedures!

            It does seem they are more on the banks side with lots of cases recently!
            What's the matter with them for goodness sakes!!!

            And for the fact the adjudicator already decided her decision before giving the opportunity to forward the information she requested for, that I would raise with them as well.
            They give banks all the time in the world to get info to them!
            So what if the tel number no longer works, there's such things as writing, grrrrrrr, sorry this one made me angry!

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            • Re: MattyA's Masterplan....

              Thanks Di.

              I agree with what you say and am still angry even after sleeping on it.

              Like you say the phone number doesnt work - we have changed providder since we started the claim.

              But like you say , why not write or email (all previous correspondence has been this way - the last email was on the 26/11/12)?

              She says she asked for details of the income replacement policy - she hasnt up until now.

              She says that we didnt provide proper details of the benifits the NHS would provide.....is she for real.

              She says that whilst the form had the statement ' We strongly recomend that you take out this cover' doesnt really have a bearing on the matter.

              Nor does she take into account the fact that she was 'churned' from one M&S card without cover to a new one with cover.

              I also wonder if the person selling the card that day was trained to do so and how many cards did they sell that day without ppi cover.

              The list goes on.

              It all seems very contrived to me, as this decision has been made less than 3 weeks after me putting a complaint in to the independent assessor about the lack of contact from the FOS.

              This isnt the end of the matter.

              Matty

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              • Re: MattyA's Masterplan....

                You need to reject this from the FOS and demand it is sent to a review case handler to review the decision and the length of time it's taken the FOS to act. This will generate a new complaint against the FOS and probably get you an extra £150+ in compo for the delay.

                Try and not add new argument in your appeal to the case handler, instead pick up on faults and demand an explanation as to why they feel they are in a position to actually determine whether a mis-sale constitutes reason for having a policy in force. See what they say to that.

                You want a clear explanation as to why they feel that just because the policy was there and in force, regardless that she could have claimed, she NEVER as she was unaware that there was ever a policy in force hence the actual merit of the claim has been missed totally because you don't dispute that she may have been covered, you're arguing that she did not want, request or need cover.

                That is quite separate to their belief that the cover was suffice, which is what they seem to have adjourned on. Also you need to demand they get the facts straight and start acting in accordance with their own technical guidelines and case-studies. Clearly, you're trying to state that M&S told you that in order to be accepted for the product, taking the PPI stood you in better change of acceptance and without it the chances are you'd have been declined. They specifically need to know this - spell it out like that as well.

                Hope this makes sense, good luck
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                • Re: MattyA's Masterplan....

                  Yep - get it off to the FOS review for starters like Niddy says. At times alas they really do need spoon - feeding.
                  Last edited by Batman; 13 December 2012, 09:29.

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                  • Re: MattyA's Masterplan....

                    Originally posted by Never-In-Doubt View Post
                    You need to reject this from the FOS and demand it is sent to a review case handler to review the decision and the length of time it's taken the FOS to act. This will generate a new complaint against the FOS and probably get you an extra £150+ in compo for the delay.

                    Try and not add new argument in your appeal to the case handler, instead pick up on faults and demand an explanation as to why they feel they are in a position to actually determine whether a mis-sale constitutes reason for having a policy in force. See what they say to that.

                    You want a clear explanation as to why they feel that just because the policy was there and in force, regardless that she could have claimed, she NEVER as she was unaware that there was ever a policy in force hence the actual merit of the claim has been missed totally because you don't dispute that she may have been covered, you're arguing that she did not want, request or need cover.

                    That is quite separate to their belief that the cover was suffice, which is what they seem to have adjourned on. Also you need to demand they get the facts straight and start acting in accordance with their own technical guidelines and case-studies. Clearly, you're trying to state that M&S told you that in order to be accepted for the product, taking the PPI stood you in better change of acceptance and without it the chances are you'd have been declined. They specifically need to know this - spell it out like that as well.

                    Hope this makes sense, good luck

                    Thanks for the input Boss - Much appreciated as ever.

                    (As are all the other comments / input from others - cheers all)

                    I will draft something up over the weekend and get it over to them next week.

                    Regards,

                    Matt

                    Comment


                    • Re: MattyA's Masterplan....

                      Originally posted by MattyA View Post
                      No it never went anywhere - They admitted that they didnt have an agreement so was UE and they wouldnt take me to court.

                      It went through a few DCA's but I fobbed em off.

                      I pursued them for the PPI as I had worked out it was far in excess of what I owed em - based on the formulas used by other banks to settle my complaints with them.

                      What is absolute?

                      They admitted a mis-sell to FOS and just sent me a statement 1 day which showe my delinquent account suddenly paid off and £4K odd in credit.

                      That was last Christmas and when the fun began.

                      I didnt accept their payment in full & final as it was several thousand pounds light.

                      I asked them for breakdowns of how they arrived at their figure and pursued them for the refund of default charges.

                      They have repaid the default charges - but will not provide detailed breakdowns showing how they have arrived at their settlement.

                      I have recently SAR'd em in the hope that they will provide details of their calculations re my PPI claim but they have returned my cheque and asked for further ID as the account is closed ( By them ).

                      Hope this makes sense



                      Matty


                      Mint PPI reclaim.


                      Wow!

                      I am genuinely stunned!!

                      Email out of the blue from RBS Executive complaints team, 'thought Id like to know that additional cheque on the way', which will bring the amount of redress pretty much to what I had calculated it to be!!

                      After 2 years of fighting with them and getting fobbed off / stone walled every which way I have turned......BINGO!

                      Chuffed to bits with this one as I did not think I would ever get what I knew was due.....especially if it came down the those spineless ditherers down at the FOS.

                      Anyways happy days.......just need to see sight of the cheque now.

                      Just shows you......DONT GIVE UP.

                      Matty
                      Last edited by MattyA; 31 January 2013, 20:23.

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                      • Re: MattyA's Masterplan....

                        Brilliant news Matty, well done
                        "If wishes were horses, beggars would ride"

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                        • Re: MattyA's Masterplan....

                          Well done Matty.

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                          • Re: MattyA's Masterplan....

                            That's fab Matty!!!

                            Well done to you!

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                            • Re: MattyA's Masterplan....

                              Thanks peeps.

                              Looks like this was is done ...once I see the cheque of course.

                              Regards,

                              Matty
                              Last edited by MattyA; 2 February 2013, 03:43.

                              Comment


                              • Re: MattyA's Masterplan....

                                Matty, just read the whole thread - what a good job you are doing, as you already know.

                                Reading it all in one go highlights the changes in your attitude over the two years+ it has run. I admire the way your resolve has got stronger throughout, despite the setbacks.

                                It seems that, after depending so much on a Judicial Review that went against them, the banks have become far more underhand in their slippery methods. They now seem to have got a handle on how the FOS operates and are tailoring their replies to take advantage of that. A bank that is getting hundreds of FOS appeals every week will soon figure-out which defences/excuses/mis-information will work best.

                                Maybe we should have sub-forums for the main banks' PPI refusals and appeals so we can identify their patterns/responses more easily. It might even give us some idea about what proportion of claims they reject out-of-hand. (Just thinking out-loud here).

                                Anyway, you have gone from being a put-upon individual in a Champion-Of-The-Cause. Thanks for sharing your thinking, methods and hard work with us.

                                Comment

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