PPI Reclaiming discussion Part III

marshallka

Shazpops wrote: »

Hello all, looking for help reclaiming PPI insurance from my Morgan Stanley Card (now Barclaycard).

I sent my first letter (a template from this site) to them a week or so recorded delivery - asking for a reply reference the PPI applied to my account - I was not aware it was added to the agreement and had not noticed due to me not examining my statements closely. I am also asthmatic and was not aware this would be excluded from claims.

I received a letter back today (within a week) advising that the PPI was legal and fair, and it was my duty to check the terms and conditions - and that compensation is not applicable in this case. They then state this is their final response and any further complaint should be made to the FOS within 6 months of the date, they also included a booklet for my reference.

Does this sound like a standard 'fob-off' from them? Should I write back to them or write to the FOS directly? Has anybody done this with success? Am I wasting my time?

Any help appreciated, thanks in advance.

Was this your only reason for the misselling here as you probably should have given any others from the template that were applicable?

di3004

Shazpops wrote: »

Thanks again - the letter I have does clearly state it can be regarded as their 'final response'. I will draft the letter in my own words and send to one or the other, would you reccomend giving them one final chance or going straight for the FOS (Recorded delivery either way)? Sorry if I am repeating myself but just want to make sure I am giving myself the best chance of getting my money back.

Thanks in advance

Sorry if you missed what I just added in the post just added, I mentioned to continue without waiting for the agreement, this will come in handy later I expect.;)

Now if they said that was their final response, personally I would now move on to the FOS, you can explain your situation to them.;)

Normally the finance company would say you can write with further information where they may reconsider, but if they did not do this then yep, go straight to the Financial Ombudsman.;)

Don't worry about repeating hunni, we have all been there and we all like to make sure we do things right.

And just give us a yell if you need more information on anything, we love to help where we can on here.:D x

marshallka

di3004 wrote: »

Right okay, so it seems they are fobbing you off then?

Now in my opinion they should have made sure this was to suit your needs first, because if for some reason you have to make a claim from work due to asthma, then its clear they will not pay out, I would defo fight this one out.;)

If they state this is their final response then yes take this to the FOS here:
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Or you can ring them to request for an hard copy in the post, and enclose copies of any correspondence to help your case.

Good luck hunni, keep fighting.x

Di, with this one its difficult if the only reasons for misselling is a medical condition as MOST people have a pre existing medical condition that they could not claim on. I think its best if the poster had written some more reasons on here as well and not just this one. Most policies exclude things which you have seen the doc for within the last two years or chronic conditions and lots of people have seen the doc in the last two years. I also find this strange that they have written back after one letter with a straight final response too. .

marshallka

Shazpops wrote: »

Thanks again - the letter I have does clearly state it can be regarded as their 'final response'. I will draft the letter in my own words and send to one or the other, would you reccomend giving them one final chance or going straight for the FOS (Recorded delivery either way)? Sorry if I am repeating myself but just want to make sure I am giving myself the best chance of getting my money back.

Thanks in advance

You could try giving them one more chance but its up to them if they give you another if you know what I mean as they have already written final response and they most probably will not communicate with you again. FIrstplus did that to me and will not write back at all now...

di3004

marshallka wrote: »

Di, with this one its difficult if the only reasons for misselling is a medical condition as MOST people have a pre existing medical condition that they could not claim on. I think its best if the poster had written some more reasons on here as well and not just this one. Most policies exclude things which you have seen the doc for within the last two years or chronic conditions and lots of people have seen the doc in the last two years. I also find this strange that they have written back after one letter with a straight final response too. .

Yes I agree and its well worth checking out that link added to make sure there is nothing else, I see your point.;)

I thought that as well, a final response letter within a week, that confused me at first, then I thought blimey I have never known an investigation as quick as this one, and on most of them I know they do offer a chance to write back with further information, baffling.......

di3004

marshallka wrote: »

You could try giving them one more chance but its up to them if they give you another if you know what I mean as they have already written final response and they most probably will not communicate with you again. FIrstplus did that to me and will not write back at all now...

I agree and maybe add further info if required, so best to check out other reasons for mis selling too I think, just in case there are any more.

marshallka

di3004 wrote: »

Yes I agree and its well worth checking out that link added to make sure there is nothing else, I see your point.;)

I thought that as well, a final response letter within a week, that confused me at first, then I thought blimey I have never known an investigation as quick as this one, and on most of them I know they do offer a chance to write back with further information, baffling.......

I was wondering if perhaps it was cause of just the one reason for the misselling and I remember singlep saying to someone "you will not win on that alone"... .

It might be too late now to add other reasons as well as they have issued a final response.

marshallka

di3004 wrote: »

I agree and maybe add further info if required, so best to check out other reasons for mis selling too I think, just in case there are any more.

They have issued a final response and FOS will only look into what reasons the company have been given to respond to. You cannot win really as writing to the company again may mean a wait of forever as they have issued a final and going to the FOS with just that reason may mean a lose if it was the ONLY reason as most people have pre existing conditions that they would not be covered for. I think I would be inclined to hold the FOS one for a month or so and write again stating other reasons to the company and hope that they reply back...

Mark_Collins_2

marshallka wrote: »

How can they do this and get away with it...:mad:
I have seen this a lot on here where people have paid back the loans and the insurance is still running. Its totally unfair to be paying insurance to actually insure nothing. I would make another complaint and also ask the loan company for a breakdown of the settlement figure. In your letter you need to state that this was totally unfair in that no-where in the terms and conditions did it state that upon redeeming the loan early you had to then cancel the insurance yourself. (I would just check you agreement/PPI terms and conditions though first).

You could also state that you are going to make a complaint to the FSA about the firm in that they did not cancel the policy when you repaid the loan and you were still charged for the insurance for a further 44 months and only offered a small rebate against it (but 44 months later). You were given a VERY unfair rebate and the FSA states that customers should be treated fairly (yeah right!) and also rebates should be fair (Yeah right again!!)

Send the letter recorded delivery and also who was this with??

I hope that it was a company in the jurisdiction of the FOS as this is so wrong.!!:mad:

Hi Marshallka,
I sent a second recorded delivery letter stating, that I was going to contact the FSA with the help of your recommendations about the insurance that was still continuing even though I had paid up the loan in full. I enclosed a copy of the T&Cs of the insurance policy which stated that the insurance should have stopped on the repayment of the loan. The following day I received a phone call from Ocean Finance stating that they could not understand why my T&Cs said what they did, but would look into it. Monday this week the same person called to say that they would refund me plus 8% interest, almost £3500. I was sceptical at first until this morning the cheque landed on my doormat. I would like to say A VERY BIG THANK YOU to everyone for their support, advice and encouragement to retrieve the money rightfully owning to me .It has only cost me the price of two recorded delivery letters to receive my money. I would like to say to everyone that is considering taking on the Financial Goliaths…………………………………… there is a David in all of US. Again, a big thank you.
:j

pinknico

Mark_Collins wrote: »

Hi Marshallka,
I sent a second recorded delivery letter stating, that I was going to contact the FSA with the help of your recommendations about the insurance that was still continuing even though I had paid up the loan in full. I enclosed a copy of the T&Cs of the insurance policy which stated that the insurance should have stopped on the repayment of the loan. The following day I received a phone call from Ocean Finance stating that they could not understand why my T&Cs said what they did, but would look into it. Monday this week the same person called to say that they would refund me plus 8% interest, almost £3500. I was sceptical at first until this morning the cheque landed on my doormat. I would like to say A VERY BIG THANK YOU to everyone for their support, advice and encouragement to retrieve the money rightfully owning to me .It has only cost me the price of two recorded delivery letters to receive my money. I would like to say to everyone that is considering taking on the Financial Goliaths…………………………………… there is a David in all of US. Again, a big thank you.
:j

Well done, brilliant news.