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PPI Reclaiming Discussion part 4

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Comments

  • marshallka
    marshallka Posts: 14,585 Forumite
    Tiggrae, can you resend please cause nothing come through??

    Thx
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    the seller for mis selling - the policy underwriter for unfair contract terms -as the terms which allow low rebates are written into the policy
    I have been told by FOS and also FSA that in order to get this complaint through you have to prove the rebate was unfair. BUT you can only claim unfair terms about an actual term in the policy???
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    marshallka wrote: »
    I have been told by FOS and also FSA that in order to get this complaint through you have to prove the rebate was unfair. BUT you can only claim unfair terms about an actual term in the policy???
    that's right and in the First Plus ppi policy it's Section 3, General Terms & conditions - termination of Cover & Benefit
  • tiggrae
    tiggrae Posts: 1,771 Forumite
    marshallka wrote: »
    Tiggrae, can you resend please cause nothing come through??

    Thx
    hi sent it again, you'de missed an 'R' in your email address :rolleyes:
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    hi sent it again, you'de missed an 'R' in your email address :rolleyes:
    Yeah, just got it thanks, sorry about that but have emailed you back.;)
  • marshallka
    marshallka Posts: 14,585 Forumite
    tiggrae wrote: »
    that's right and in the First Plus ppi policy it's Section 3, General Terms & conditions - termination of Cover & Benefit
    I have done this and quoted all the term that "I " have on this policy that FP sent me with the SAR. I wonder if they have altered anything on this and sent to me a different one. Mine goes like this

    Termination of Cover and Benefit

    Any Benefit being paid to you will cease (and your cover will expire) upon any of the following events.

    a) expiry of the period of insurance (although forgets to mention that you still pay for it regardless)

    b) the date you retire from you normal occupation etc etc

    c) your 65th Birthday

    d) the date that your obligation under the agreement cease

    e) the date your agreement becomes 3 months in arrears etc etc etc


    If you cancel your policy before its normal expiry date you will receive a rebate of your premium provided you have not made a successful claim. Your insurers will not calculate your rebate proportionally, rather under the Rule of 78 set out in the Consumer Credit Act 1974.

    Is that the same as the ones that others have had as I never had a policy etc and actually do complain in a telephone call in 2003 saying this but they should have received it, did not regardless?? They have sent this to me with my SAR request and I had to state to FOS that this policy document was actually sent to me in a SAR and not from my own documents.
  • dunstonh
    dunstonh Posts: 120,164 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    hi

    been lurking on this fantastic site for a while now. Have just started trying to reclaim PPI on my finaces insurnance and I was looking for a quick bit of advice. The policy we are pursuing was misold by a company called Homebank (an intermediary involved in "independant" advice on remortgaging). She was conned into paying for PPI as part of her new mortgage deal and she paid for it as a lump sum on top of her rearranged mortgage. The PPI is from a company called Assurant Solutions (linked to eithe lloyds tsb or abbey i think). We wrote to them using the first tmeplate letter and were told we could not claim. Undeterred, I sent the second template letter from the website. We had a reply today telling us that as we were claiming about mis selling, we had to take the case up with homebank who sold us the policy.
    Sorry, long winded but basically I just wanted to know who i should be going after, Homebank or Assurant?
    Am fuming that she was basically taken advantage of in being sold this policy without really understanding what she was being sold.

    Any advice appreciated.

    Any PPI added as a single premium to a mortgage is a mis-sale. You complain to the person that gave the advice in setting it up. In this case, homebank. Assurant have no liability.

    For the record, Homebank are not independent. A lot of firms like to give that impression as Independents have a good track record and low level of complaints (just 2% of complaints at the FOS despite handling the majority of regulated transactions).
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • woodymeg
    woodymeg Posts: 206 Forumite
    dunstonh wrote: »
    Any PPI added as a single premium to a mortgage is a mis-sale. You complain to the person that gave the advice in setting it up. In this case, homebank. Assurant have no liability.

    For the record, Homebank are not independent. A lot of firms like to give that impression as Independents have a good track record and low level of complaints (just 2% of complaints at the FOS despite handling the majority of regulated transactions).
    Hi you said above that any single premium to a mortgage is a mis sale, does this apply to a remortgage and also loans. As every one i have taken out are all single premiums and have had 2 through freedom and around 6 with citifinancial which date back at least 10 years . Could you please explain just so im crystal clear. Thankyou x
  • marshallka
    marshallka Posts: 14,585 Forumite
    woodymeg wrote: »
    Hi you said above that any single premium to a mortgage is a mis sale, does this apply to a remortgage and also loans. As every one i have taken out are all single premiums and have had 2 through freedom and around 6 with citifinancial which date back at least 10 years . Could you please explain just so im crystal clear. Thankyou x
    I think dunstonh was actually only referring to actual single premiums on mortgages in the above. You can still make complaints for loans though.
  • woodymeg
    woodymeg Posts: 206 Forumite
    marshallka wrote: »
    I think dunstonh was actually only referring to actual single premiums on mortgages in the above. You can still make complaints for loans though.
    ok thank you, can i just ask im just about to send a letter to citi and have the paperwork but on some of the agreements there are no agreement numbers, would you suggest i put the amount and date of loan in stead.:o
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