The banking industry has given up their legal fight over the mis-selling of payment protection insurance (PPI) and will not be appealing the Judicial Review they lost on 20th April 2011. The British Bankers Association (BBA) has stated they do not intend to appeal after losing the court challenge, meaning that the new rules on mis-selling will be implemented accordingly.

This decision is welcomed by the Financial Ombudsman Service whereby last month the High Court ruled that the banks had to comply with the new rules of the Financial Services Authority (FSA), which require them to go back over all their past sales to review where mis-selling has occurred.

Leading high street bank, Barclays, has stated it has set aside £1bn in order to distribute compensation whilst HSBC has put aside £269m. This may now start to see customers trust and confidence in the banks restored in the hope that Banks will start to compensate the estimated several million consumers, fairly and promptly.

PPI policies are supposed to protect and cover consumer credit/loan repayments should they fall ill or lose their job – however these policies have been mis-sold for a number of years meaning that people were paying over the odds for a service they either could not claim on, or were not even entitled to in the first place- due to being self-employed or a student, for example.

In some cases we are learning that borrowers were not even aware that had taken out the PPI policy or they were told they could only receive the loan/credit agreement on the condition that they purchase PPI alongside it.

If you think you may be eligible to claim back your PPI www.realclaims.co.uk will do all the hard work for you whilst you reclaim the money you are legally entitled to.

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The British Bankers Association launched a judicial review over the new rules on how complaints about payment protection insurance (PPI) should be handled by a bank in January and the review has been on going until today when the judge ruled in favour of the consumer.

Unfortunately it is not all great news as the BBA can still appeal against the high court ruling which will mean many more months in court. The appeal must be made by the 10th of May.

However we are hopeful that banks will learn from this loss and start processing claims again.

UPDATE

“Judgment was handed down by the High Court in London on 20 April 2011, following the legal challenge (“judicial review”) brought by the British Bankers Association (BBA) – on behalf of a number of high-street banks – against the Financial Ombudsman Service and the FSA on the approach to handling PPI complaints.

The judgment endorses the approach taken by the ombudsman and the FSA. The banks have 21 days to consider whether to appeal.

The ombudsman service continues to handle large volumes of PPI complaints from consumers. Since the BBA launched its legal challenge in October 2010, the ombudsman has been receiving up to 5,000 PPI complaints each week.

The lack of cooperation from some financial businesses has made it difficult to progress PPI cases over this period. However, the clear-cut judgment means that banks and other financial businesses should now be in the position to deal promptly, efficiently and fairly with their customers’ PPI complaints.”

FOS statement

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