PPI Reclaims not covered by the FOS

A question about : PPI Reclaims not covered by the FOS

This thread is specifically for discussing your PPI Reclaiming case if it is not covered by the Financial Ombudsman Service.

To report your case click post reply

You can take your complaint to the FOS if your lender was regulated by the Financial Services Authority at the time you signed your agreement. This can be checked on the FSA Register.

Best answers:

• Well I had the standard fob off reply from Direct Auto Finance and they used the 'we were not regulated when you took the loan' argument, which appears to mean I cannot complain to the FOS. I have e mailed them an enquiry so will keep you posted but need some advice.
  It would seem that Yes Car Credit and DAF are going to fight this quite strongly so the more people we can get on board the better.
  Also I wonder could the MSE team maybe look into YSS and DAF specifically since despite a whistleblower BBC program into their practices and various consumer complaints there seems to have been no investigation by regulating authorities into them so I really have no idea what my next step following my recepit of a fob-off letter is and from what research I have done there are literally 100's if not 1000's of people who are making the same claims regarding being told we HAD to have the PPI or no loan.
  Thanks
• ive just had a letter back from the fos saying they can't look into my complaint againt a loan i took out with blackhorse because at the time blackhorse were not members of there service, so what do i do know
  GIVE UP ??????
• well martin you asked for feed back i gave it to you , have you got any feed back for me on what i could do next please??
  i wounder if you sit and read any of these or just the success story's?
• Hi all
  Just to say, this thread is for MoneySavers to report their experiences so that we can get a better picture of which lenders the FOS is not able to help, and so that over time we can help more of you by updating our article. By posting here you are helping us to do this so thanks.
  As PPI Reclaiming is relatively new we need feedback before being able to suggest how people deal with these companies so we won't be replying to questions in this thread.
  If you want to ask a question, try the PPI Reclaiming discussion thread where, although not guaranteed, it is more likely somebody will be able to help you.
  If the FOS is not able to help you can still try and negotiate with your lender to reach a settlement, and take court action or get a claims handler to help if it doesn't, which is outlined in the PPI Reclaiming article.
  Thanks.
• Hi,
  This is the problem with making traditional claims for mis-selling. Lenders have so many ways they can dodge and the FOS is only an arbitration service at the end of the day, which is actually funded by the insititutions themselves.
  The idea of individuals taking lenders to court puts the vast majority of the public off as they really dont have enough confidence in their own knowledge or standing.
  This is why the need for an ethical, no cost Financial Audit company has never been greater.
• I complained to First National Motor Finance - a trading style of GE Money Home Finance ltd (they have been fined by the FOS as per the front screen of the PPI article) and was fobbed off in the same manner as it seems most of us have been - not regulated at the time of the policies sale
  So I did a bit of digging.
  The Finance & Leasing Association (FLA) have a dispute resoloution service.
  This can be utilised by anyone who has a complaint against a current or past FLA member, which convieniently enough GE Money have been a member of since 1992. Nice that when the wrote to me telling me the FOS has no jurisidcition over my complaint they omitted to mention the alternative!!
  The FLA can be contacted on 020 7836 6511. They can tell you if they company was or is a member.
  The FLA also operate an online complaints form:
  https://www.fla.org.uk/fla/complaints/index.jsp
  The form is much the same as the FOS one that we have all submitted with great care I'm certain. Copy and paste the relevant sections of your complaint onto it and you can then email it off to the FLA who, in my case, responded within 2 days.
  I am still awaiting a result from the FLA - it has only been a week now - but I hope that this is of some use to everyone else.
  To the MSE team - I don't know if there are rules on putting hyperlinks on the posts that don't get the site any cash. If there are, I'm sorry to breach them, please let me know if I can include it in such a way that the best wesbite on the internet benefits.
  Good Luck - Jim
• thank you jim,
  I have rang FLA amd Blackhorse are menbers have been since 12 aug 2002. I will be filling out a complaints form tonight to send straight to them.
  Please let us know how you get on with your own complaint.
  katiex
• Hi
  I wonder if you can help. I am trying to claim back PPI from First Direct but my loan is over 6 years and therefore they have written back that under the Statute of Limitations Act 1980, they are unable to consider the claim.
  Is there anyone/anywhere else I could go to for help with this?
  Quote:
• This is again a Red Herring on behalf of lenders.
  I suppose if you are trying to claim for mis-selling they may have a point but there are other issues that will potentially allow you to claim where they may be no time bar. This also makes their claim of being prior to FSA regulation another red herring.
• just a update, I wrote to the FLA and they past my complaint on to Black horse and i have got a letter. They still say I havn't been mis-sold ppi and thats there final respones .
  Any ideas what i should do next ?
• Have spoken to black horse this morning relating to my original applications reference PPI and they told me as they had my signature on two bits of paper one stating optional PPI protection and another on a needs study that they were in the right and i couldn't claim. I asked about the needs study and although i said no to everything the one thing i said yes to which was would i want the loan paid out if i had critical illnesss or death. No what idiot is going to say no please charge my benefactor's the full amount of the loan. They are using this as the feasibility sudy into why i took PPI (as in i hadn't be mis sold) got quite angry and forgot to ask where was the part asking about what policies i already had as i don't believe that is included in their study. As for the signature on the optional PPI payment i stated that if someone had a gun to your head would you say yes or no. The i was coerced. Funny enough i expect to see the standard reply sitting on my carpet when i get home. Am going to fight this and will demand the paper work from black horse. It looks that they want to be taken to court.
• Could one of you guys with Lloyds TSB PPI have a look at your agreement and the Terms and conditions, if you have them, and tell me who provides the cover. It would be wonderful if TSB actually used an outside thrid party insurer.
• im losing the fight to carry on with Blackhorse i've not got enough "know" to keep writing back to them. could anyone out there give me a idea what to write in a last effort to get my ppi back.I really dont want to go the court way if it can be avoided.
  so far i have written to them direct saying i feel i was mis-sold ppi, (got a not you wasn't letter)
  Then i wrote to FOS who couldn't help becuse it was before Blackhorse was members.
  Then i filled out a complaints form on-line through FLA who forward my complaint to blackhorse who gave me a Bigger get lost letter .
  What next ?
• This seems to be the situation I am in as my Halifax PPI which I am disputing was taken out in May 2001 which I believe is below the FOS took on responsibility for it. Not to put too fine a point on it, but if need be, I'm going to Court over this as the Halifax have sought to justify my reclaim of £1911 of premiums by sending me a copy of an application form that wasn't even in my handwriting and was factually inaccurate. It could easily have been cobbled up last week for all I know! Regardless, I'm happy that I have a decent case against them, and although they have said, "Take it to the Ombudsman", I believe I'm outwith that timeframe.
• dont give up Katie. You will win.
• Just to give you an update to what i've found out about the PPI blackhorse "sold" me. They deemed that it was valid at the time as i filled in a demands and needs questionaire signing the bottom half of it and also signing the contract relating to the Loan therefore in their eyes agreeing to the PPI. I have pointed out that one i never required the PPI and therefore should never have been offered it. At no point was i asked if i had my own insurance (yes i had). The only major point i've put accross at them is that when the need's and demand's questionaire form was filled out the options were either yes or no. There was no not applicable selection. Am waiting for the next letter before i point out inconsistantancies in their replies so far. In both of which they have drawn attention that i must of received the forms and signed them and returned them. Not so as i signed the forms in the offices of black horse and therefore there was no full explaination of PPI given. Will tell you what response's i get.
• I too have had a similar fob off from First Reponse Finance, advising me that it was before they were regulated by the FOS and the General Insurance Standards Council.
  Their reponse to me was dated the same date as their acknowledgment letter, so their 'investigation' was very quick indeed!
  I am planning to write back to them to challenge several matters from their letter.
  I will keep this post updated.