Do I accept a goodwill gesture or do I persevere

Marisol_2

I have been pursuing a Single Premium PPI policy taken out with Mint Loans (RBS) in 2005. They have sent me a final response refusing to uphold my claim but offering me a goodwill gesture of £750.

They have produced the paperwork I signed agreeing to the PPI, which I already had. At the time I signed it because I believed this was part of the agreement to get the loan. They also say in the letter that as they sent through the paperwork with all the details of exclusions, the fact that the policy was optional etc. means that it was my responsibility to read this and opt out of it if I wanted.

At the time I took out the loan (over the telephone) no discussion took place about the PPI, but their letter seems to intimate that their staff were not required to advise about PPI and refer me once again to the fact that the details were sent out.

Is it worth pursuing this claim or should I just take the £750 instead of the £2800 they have taken in the Single Premium PPI?

marshallka

Marisol wrote: »

I have been pursuing a Single Premium PPI policy taken out with Mint Loans (RBS) in 2005. They have sent me a final response refusing to uphold my claim but offering me a goodwill gesture of £750.

They have produced the paperwork I signed agreeing to the PPI, which I already had. At the time I signed it because I believed this was part of the agreement to get the loan. They also say in the letter that as they sent through the paperwork with all the details of exclusions, the fact that the policy was optional etc. means that it was my responsibility to read this and opt out of it if I wanted.

At the time I took out the loan (over the telephone) no discussion took place about the PPI, but their letter seems to intimate that their staff were not required to advise about PPI and refer me once again to the fact that the details were sent out.

Is it worth pursuing this claim or should I just take the £750 instead of the £2800 they have taken in the Single Premium PPI?

I would certainly pursue this further for the full amount. How i look at it is they would not offer £750 for nothing. They hope to get away (and I bet they do with some people) with these lesser offers of goodwill in full and final but there is quite a difference with yours. If they do not uphold you always have the option of taking this to FOS.

I am sure others will post up with their views here and you have to remember this is only my view. I hope it helps.

Good luck

goaliesmum

;)From the FSA 29 September assessment of redress for PPI compaints

" The firm should not reject a complainant's account of events solely on the basis that the complainant signed relevant documentation regulating the purchase of the policy.

The firm should not reject a complaint because the complainant failed to exercise the right to cancel.

In determining a particular complaint, the firm should give more weight to the specific evidence of what happened during the sale than to the general evidence of selling practices at the time, such as training, instructions or sales scripts. A firms disclosure of details of a policy at the time of the sale should carry more weight than providing material to the complainant after the decision to buy the policy."

Just waiting to see if I get a refusal based on this, feel I might and will use the above.

Go get 'em :T

PaulinWeston

goaliesmum wrote: »

;)From the FSA 29 September assessment of redress for PPI compaints

" The firm should not reject a complainant's account of events solely on the basis that the complainant signed relevant documentation regulating the purchase of the policy.

The firm should not reject a complaint because the complainant failed to exercise the right to cancel.

In determining a particular complaint, the firm should give more weight to the specific evidence of what happened during the sale than to the general evidence of selling practices at the time, such as training, instructions or sales scripts. A firms disclosure of details of a policy at the time of the sale should carry more weight than providing material to the complainant after the decision to buy the policy."

Definitely another string to the bow (and well worth quoting if anyone is given the same 'fob off').

If you're told that because you signed the agreement - you must have understood that PPI was optional (blah blah blah) - then I suggest you point out that The Court of Appeal in HOWARD MARINE AND DREDGING CO. LTD. v. A. OGDEN & SONS (EXCAVATIONS) LTD. [1975 H. No. 4557], establishes that a clause in a contract which states that a signature indicates full acceptance is not valid where it would be unlikely that the customer would have the skill and inclination to go through the fine detail.

Hope this helps.