PPI Reclaiming Discussion part 4

happymoneysaver79

We have just had the fos decision on our ppi case which I originally submitted in November 2007.

Background: Partner filled out credit card application, did not tick PPI box but when statement came and he saw that he was paying ppi he rang them to tell them about his pre existing medical conditions and asked if he could cancel it and that he had not asked for it. He was told that he should keep the policy as he would be covered (he was sure he wasn't)but felt presurised, he kept it for 3 years until I reviewed his finances and realised that the policy was not valid, he then argued his case with me to help and managed to cancel it. We asked them to re-imburse the premiums and when they refused we took it to the ombudsman.
The FOS have decided to rule in HFC's favour as they say that we could have cancelled it in the begining. They also say that they think that even though my partner knew he wasn't eligable for cover he would have taken the policy out anyway! (how stupid!!!) When I argued that my partner has been paying for cover that would not have covered him the FOS say that they are not interested in that, only in how the policy was sold. have asked the ombudsman for proof of my partner taking out the policy in writing as he beleives that he didn't tick the box for ppi and they have said that they dont have proof but they are taking HFC's word for it! Also HFC have no record of us calling to cancel the policy.
I feel very strongly about this and want to take it further, does anyone think we have a chance with the ombudsman or is the courts a better option?
sorry for the long post x

di3004

happymoneysaver79 wrote: »

We have just had the fos decision on our ppi case which I originally submitted in November 2007.

Background: Partner filled out credit card application, did not tick PPI box but when statement came and he saw that he was paying ppi he rang them to tell them about his pre existing medical conditions and asked if he could cancel it and that he had not asked for it. He was told that he should keep the policy as he would be covered (he was sure he wasn't)but felt presurised, he kept it for 3 years until I reviewed his finances and realised that the policy was not valid, he then argued his case with me to help and managed to cancel it. We asked them to re-imburse the premiums and when they refused we took it to the ombudsman.
The FOS have decided to rule in HFC's favour as they say that we could have cancelled it in the begining. They also say that they think that even though my partner knew he wasn't eligable for cover he would have taken the policy out anyway! (how stupid!!!) When I argued that my partner has been paying for cover that would not have covered him the FOS say that they are not interested in that, only in how the policy was sold. have asked the ombudsman for proof of my partner taking out the policy in writing as he beleives that he didn't tick the box for ppi and they have said that they dont have proof but they are taking HFC's word for it! Also HFC have no record of us calling to cancel the policy.
I feel very strongly about this and want to take it further, does anyone think we have a chance with the ombudsman or is the courts a better option?
sorry for the long post x

Hi there
OMG considering there are good reasons to reclaim I am rather shocked at the FOS decision and its been with them all this time!!!

You could I think ask for another opinion by someone else at the FOS to what I know of.

Even if your hubby could cancel in the beginning, it seems like they have not looked at the facts properly here.
Loads of us could cancel in the beginning but we were all given reasons to believe we could not do so, for example I used to think that if you cancelled then the whole policy would have to be cancelled, thinking the ppi was all part of the finance, whereas we thought it would all have to be repaid back in one go.

I know this have already been with the FOS for a very long time now, but there is no harm in asking for another opinion on this one.

I have never gone the court direction but maybe someone on here can advise on that one for you.

Good luck with this and am sorry to hear of this result and am shocked this did not go in your favour, please keep us posted though if you don't mind, cheers and fingers crossed.;)

annie2503

Hello all , new to this form

sent the templete out to Barclays over a week ago . Got a letter today stating that i need to fill out a questionnaire in order to assist with their investigations furthers.

The questinnaire askS how it a purchases the ppi. To tell you the truth i can not remember.

Should i in fact be filling out this questionnaire anyway, as the letter that i sent stated the reason why i fill it was missold.


As any one had any experience of this

di3004

annie2503 wrote: »

Hello all , new to this form

sent the templete out to Barclays over a week ago . Got a letter today stating that i need to fill out a questionnaire in order to assist with their investigations furthers.

The questinnaire askS how it a purchases the ppi. To tell you the truth i can not remember.

Should i in fact be filling out this questionnaire anyway, as the letter that i sent stated the reason why i fill it was missold.


As any one had any experience of this

Hi and welcome Annie

The annoying thing is they should still hold the details of your account if this was taken out over the last 6 years.

But if I were you, write and answer to the best of your knowledge (in brackets write - please refer to my account where you sold me the ppi on so and so date where you should find these details held on your systems).

And any questions such as why do you think you were mis sold write something like (please refer to my letter you received in regards of the PPI complaint), they must still get back to you with a decision.

If there is anything though you can remember then do write the answers in but otherwise they should be able to refer to your letter and your account.

Hope this helps, and it seems these questionnaires are standard for some banks.

Good luck with this.;)

9124poly

Thanks have phoned the FOS and they say we can always take it back to them if we are not satisfied.
i didn't realise it was only 8% interest as my daughters cc intrest was about 19% it seems wrong but at least she will get most back

di3004

9124poly wrote: »

Thanks have phoned the FOS and they say we can always take it back to them if we are not satisfied.
i didn't realise it was only 8% interest as my daughters cc intrest was about 19% it seems wrong but at least she will get most back

Good luck with this, I'm sure the FOS will sort this one out for you, fingers crossed.;)

hannahb123

Anyone got any idea of how long the backlog is with the FOS, have had a complaint with them regarding the RBS since Feb 09 and all they say is that they are waiting for an adjudicator to become available.

di3004

hannahb123 wrote: »

Anyone got any idea of how long the backlog is with the FOS, have had a complaint with them regarding the RBS since Feb 09 and all they say is that they are waiting for an adjudicator to become available.

Hi Hannah

I am aware they have a huge backlog and unfortunately some are still waiting as from 08 and earlier.
However, if your in any hardship let them know where they may consider moving on quicker as a fast track complaint.

Hope you hear something very soon, good luck.;)

hannahb123

how do you prove you are experiencing hardship :j

di3004

hannahb123 wrote: »

how do you prove you are experiencing hardship :j

Hi Hannah

Basically if you have an arrears with anything such as a mortgage, and in a overdraft and struggling to make ends meet, send them copies of letters, and bank statements.;)