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    • Ana1984
    • By Ana1984 7th Sep 17, 5:37 PM
    • 2Posts
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    Ana1984
    Halifax PPI reclaim declined
    • #1
    • 7th Sep 17, 5:37 PM
    Halifax PPI reclaim declined 7th Sep 17 at 5:37 PM
    Hello,

    In 2015 I tried to claim for PPI that I had on a Halifax credit card, was unaware that I had PPI on this credit card that I have had since 2003, my claim was declined on the basis that I had signed for the PPI so was aware it was part of the repayments on the credit card. Halifax did advise that I could take this up with the financial ombudsmen if wasn't happy with the outcome, I did not do this as I believed I did not have a case due to being advised by Halifax that I had signed to add on the PPI. I have recently tried processing another claim for this through a claim agency, who have advised that again I have been rejected due to originally placing a claim and not taking it up with the financial ombudsman within 6 months of the original claim in 2015, how can this be fair? Why would you take it further if at the time you believed What Halifax had stated! Could I complain about the commission- Plevin judgment???
Page 1
    • zx81
    • By zx81 7th Sep 17, 5:48 PM
    • 13,157 Posts
    • 13,468 Thanks
    zx81
    • #2
    • 7th Sep 17, 5:48 PM
    • #2
    • 7th Sep 17, 5:48 PM
    Be careful that the claims company does not charge you for wasting their time on a closed complaint. Some apply hefty fees for this sort of thing.

    Did you tell them you have previously made a complaint? That may help you avoid the fee.

    You don't need to do anything with regard to Plevin.
    • IAmWales
    • By IAmWales 7th Sep 17, 5:52 PM
    • 1,189 Posts
    • 2,530 Thanks
    IAmWales
    • #3
    • 7th Sep 17, 5:52 PM
    • #3
    • 7th Sep 17, 5:52 PM
    How many times do you think you should be able to complain about exactly the same thing?

    In twelve years did you never spot the PPI on your monthly statement?

    zx81 makes a very good point about the claims company. Most CMCs will have a term in the contract allowing them to charge admin fees where you fail to disclose a material fact (already having made a claim). Make sure they are clear on the situation.
    • dunstonh
    • By dunstonh 7th Sep 17, 6:07 PM
    • 89,451 Posts
    • 54,914 Thanks
    dunstonh
    • #4
    • 7th Sep 17, 6:07 PM
    • #4
    • 7th Sep 17, 6:07 PM
    In 2015 I tried to claim for PPI that I had on a Halifax credit card, was unaware that I had PPI on this credit card that I have had since 2003,
    That is largely an unprovable complaint and was always heading for rejection if there were no other failings. you are asking them to believe that for over 140 statements, you failed to see the PPI premium. 12 years of statements showing it but not once raised as a mistake. Your credibility on that is non-existent. If you had complained about it within say 3 months, then you are credible even if there is no evidence as people who see a payment they didnt agree to, tend to raise it quickly.

    Halifax did advise that I could take this up with the financial ombudsmen if wasn't happy with the outcome, I did not do this as I believed I did not have a case due to being advised by Halifax that I had signed to add on the PPI.
    To be fair, that response from Halifax seems correct and you not raising it with the FOS suggests you didn't have much conviction in your complaint either.

    I have recently tried processing another claim for this through a claim agency, who have advised that again I have been rejected due to originally placing a claim and not taking it up with the financial ombudsman within 6 months of the original claim in 2015, how can this be fair?
    That is very fair. You complained and you were rejected but given the opportunity to appeal which you declined. Game over. That is how its works. It's the same in a court of law. You are given a period to appeal but if you dont use it then its over.

    Why would you take it further if at the time you believed What Halifax had stated!
    Why would you not believe Halifax. Their response seems accurate to your complaint. It is almost certainly technically correct (as these things are not added without reason). You clearly didnt think otherwise at the time. So, what has changed now?

    Could I complain about the commission- Plevin judgment???
    You can but dont get your hopes up. Most credit card PPI was around the tipping point (some just over, some just under). At the moment, we dont know which side Halifax are but they only have to refund the excess over the tipping point.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from a Financial Adviser local to you.
    • -taff
    • By -taff 7th Sep 17, 6:15 PM
    • 7,335 Posts
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    -taff
    • #5
    • 7th Sep 17, 6:15 PM
    • #5
    • 7th Sep 17, 6:15 PM
    how can this be fair? Why would you take it further if at the time you believed What Halifax had stated! Could I complain about the commission- Plevin judgment???
    Originally posted by Ana1984
    It;s fair. You had a chance to take it further, you chose not to.
    You can try but they will look at your case anyway.
    • Ana1984
    • By Ana1984 7th Sep 17, 6:18 PM
    • 2 Posts
    • 0 Thanks
    Ana1984
    • #6
    • 7th Sep 17, 6:18 PM
    • #6
    • 7th Sep 17, 6:18 PM
    I made them fully aware that I had placed a claim before that was unsuccessful and advised them of the outcome, the case is closed with them and they have not advised of any charges.
    • dunstonh
    • By dunstonh 7th Sep 17, 6:24 PM
    • 89,451 Posts
    • 54,914 Thanks
    dunstonh
    • #7
    • 7th Sep 17, 6:24 PM
    • #7
    • 7th Sep 17, 6:24 PM
    I made them fully aware that I had placed a claim before that was unsuccessful and advised them of the outcome, the case is closed with them and they have not advised of any charges.
    Originally posted by Ana1984
    You got lucky. Many of them do have a clause in their contract to deal with timewasters and they do often activate that clause.

    Maybe the fact you made them aware of it and their recording shows that is the reason.

    Technically, the claims company missold you their services. Claims companies regulations require should have seen them tell you what we have here. Chances are the cold caller was trying to earn a commission or protect their job for another week. (sometimes banks dont always find the complaint you made earlier and a few get through. Claims company cold calling is high pressure sales and the callers have targets and sales pressure to get people to sign up. So, by taking you on, the caller may have known there was no money coming from it but their superviser wouldt know that and you would go towards their target and avoid them getting sacked that week).
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from a Financial Adviser local to you.
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