PPI Reclaiming discussion Part III

pinknico

Just rang the fscs to see whats happening to Picture and they have said someone will have to ring me back. :rolleyes:
Now I am sitting by the phone, if anyone else calls before them they will be told to get off the line!!:D

marshallka

Just had a reply to my query in which I asked the Ombudsman customer service this
I was wondering if you could please answer my query here.

I had a claim in for an unfair rebate against a PPI policy and have now been told by the Ombudsman that this type of complaint has to be made to the insurer and not the lender.

I wanted to ask your advice on this

If you are sold PPI alongside a loan and it included in the same agreement then your right of cancelling the agreement from the date of signature are 7 days.Please be aware that this agreement was entered into in January, 2000 an ended in April, 2003.

Now I have been reading that your right by law of cancelling a PPI policy are 14 days and 30 days if it included life insurance too. Has this always been the case in cancelling a PPI policy..or was it just since 2005 and we had no rights of cancellation before that date... I need this to be precise.

From when you sign the agreement which is the date that the policy begins to take affect you have waivered your rights of the cancellation of the PPI policy laws as for you to cancel after 7 days you would have to rely on the lender being nice and kind and allowing it as you have already contracted to the loan of the PPI through a credit agreement that is binding,

Where do you stand on this. Also if you have a contract of a PPI policy (not the agreement) and you find a term in the policy to be unfair and take the case to the Ombudsman and it is upheld through the insurer then does that make the agreement of the whole loan and PPI unfair too as without that term added then the agreement would not have been able to survive. Where would this then lie as the agreement is between yourself and the lender and not the insurer...

Thanks




Here is the reply

As you are aware your complaint reference 7""" has been passed to me to consider whether or not is its one we can consider. As I have previously explained I am in the process of establishing the underwriter details for your PPI policy, so that we can arrange for a complaint about the unfair rebate to be set up against it.

Furthermore, I can confirm that your email below has also been passed to me. I have considered your comments, however, the role of the Financial Ombudsman Service is to independently resolve financial disputes between consumers and businesses. I am therefore unable to provide any advice concerning the matters raised in your email below.

I have noted the new complaint wording which you have provided in your email of 28 October 2008. As soon as we have located the underwriter details, I will arrange for it to be included as part of your new complaint submission.

Many thanks

di3004

marshallka wrote: »

Its this bit thought Di...
Exclusions

d. for any

cancer directly or indirectly caused by any pre-existing

condition



I suppose that could go for anyone here but especially someone like me....how can they include indirectly....they have you all ways...

Hmmmmm I see your point:rolleyes:

di3004

pinknico wrote: »

Just rang the fscs to see whats happening to Picture and they have said someone will have to ring me back. :rolleyes:
Now I am sitting by the phone, if anyone else calls before them they will be told to get off the line!!:D

Wow cool.........:D , hope its good news Pinknico.;)
Can't wait to find out, may try to find out what is happening about Twopart too lol, but don't want to block the tel lines for you lol.......:rotfl: :rotfl: , I will email - just in case.:D

marshallka

pinknico wrote: »

I am waiting for this also. I sent my claim in back in August.When did you get this email?

Get and email them now Pinknico.. Good luck..:D

di3004

marshallka wrote: »

Just had a reply to my query in which I asked the Ombudsman customer service this
I was wondering if you could please answer my query here.

I had a claim in for an unfair rebate against a PPI policy and have now been told by the Ombudsman that this type of complaint has to be made to the insurer and not the lender.

I wanted to ask your advice on this

If you are sold PPI alongside a loan and it included in the same agreement then your right of cancelling the agreement from the date of signature are 7 days.Please be aware that this agreement was entered into in January, 2000 an ended in April, 2003.

Now I have been reading that your right by law of cancelling a PPI policy are 14 days and 30 days if it included life insurance too. Has this always been the case in cancelling a PPI policy..or was it just since 2005 and we had no rights of cancellation before that date... I need this to be precise.

From when you sign the agreement which is the date that the policy begins to take affect you have waivered your rights of the cancellation of the PPI policy laws as for you to cancel after 7 days you would have to rely on the lender being nice and kind and allowing it as you have already contracted to the loan of the PPI through a credit agreement that is binding,

Where do you stand on this. Also if you have a contract of a PPI policy (not the agreement) and you find a term in the policy to be unfair and take the case to the Ombudsman and it is upheld through the insurer then does that make the agreement of the whole loan and PPI unfair too as without that term added then the agreement would not have been able to survive. Where would this then lie as the agreement is between yourself and the lender and not the insurer...

Thanks




Here is the reply

As you are aware your complaint reference 7""" has been passed to me to consider whether or not is its one we can consider. As I have previously explained I am in the process of establishing the underwriter details for your PPI policy, so that we can arrange for a complaint about the unfair rebate to be set up against it.

Furthermore, I can confirm that your email below has also been passed to me. I have considered your comments, however, the role of the Financial Ombudsman Service is to independently resolve financial disputes between consumers and businesses. I am therefore unable to provide any advice concerning the matters raised in your email below.

I have noted the new complaint wording which you have provided in your email of 28 October 2008. As soon as we have located the underwriter details, I will arrange for it to be included as part of your new complaint submission.

Many thanks

This was quick, is this the one you done yesterday Marshallka ?:D

Was that the usual email contact or the actual adjudicator?;)

marshallka

pinknico wrote: »

Just rang the fscs to see whats happening to Picture and they have said someone will have to ring me back. :rolleyes:
Now I am sitting by the phone, if anyone else calls before them they will be told to get off the line!!:D

Oops, sorry did not see this post... extra good luck...

marshallka

di3004 wrote: »

This was quick, is this the one you done yesterday Marshallka ?:D

Was that the usual email contact or the actual adjudicator?;)

This was done 28th October... .

I sent this to the customer service team but it got passed to the adjudicator who is writing to the insurer...

di3004

marshallka wrote: »

Get and email them now Pinknico.. Good luck..:D

Both myself and Pinknico received our FSCS forms the same time and they received them back the same time.;)

Even though Twopart had liquidated earlier, I think the Picture one is being dealt with first because I had to also register with the liquidators, so Twopart will take that longer I think, yet it was back a few weeks they had said they were investigating.......:rolleyes:

di3004

marshallka wrote: »

This was done 28th October... .

I sent this to the customer service team but it got passed to the adjudicator who is writing to the insurer...

Arh I see, I thought this was the one you sent yesterday but you know what I'm like with getting confused..... .

I hope you get very good news on this and I do hope they see it your way, I can't see why not.;)

I see there is also a ppi direct email contact now as well - that would be handy for the ones dealing with a ppi complaint.;)