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PPI Enquiry

I was interested to read the following in the PPI notes
Have you already claimed on the insurance?

Until Jan 2010 it had been generally assumed you could not make a misselling complaint if you've already made a successful insurance claim because that would indicate the policy was suitable. Yet proposals from the regulator now mean more people could be entitled to compensation.

OH had a credit card with Capital One he did not tick any box and no discussion ever took place as regards to PPI. However, on his first statement in 2002 he noticed that this product had been included. He contacted Capital one and was told it was compulsory and he couldnt cancel it. If he wanted the card, he had to have the cover. He wanted the card.

In 2008 he became aware that compulsory ppi was a no no via media reporting and in order to make a reclaim he sent a subject access request for all statements, copies of contracts. No documents or policies in respect of the insurance were provided and when he asked for these separately a generic form was provided and he was told he applied for the PPI by internet 4 weeks after he had applied for the card by telepone.

Apart from the fact that OH is seriously IT challenged, we were not connected to the internet until 2 years AFTER he had applied for the card.

Further to this, OH has an existing medical condition, having had a serious operation on his spine in 1990 which left him with impaired mobility, plus a host of other medical conditions which forced him to take medical retirement from his employment. This fact Capital One were aware of as he told them on the phone when they asked for employment details.

At that time he was employed on a temporary contract a few hours a week with the contract being renewed on the basis of health reviews, yearly.

In 2006 he did make a claim for an hernia repair which kept him off work for 4 weeks and an insurance claim was made. The insurance company paid the minimum payment for 6 weeks (approximately £190.00).

Having totted up the premiums since 2002 he has paid around £,3,500 in premiums.

It is unlikely the insurers would pay out for any of his pre exiisting medical issues or if he was to lose his part time employment.

Is there any chance a claim for refund of premiums would be successful.

Thank you for your time.

Comments

  • di3004
    di3004 Posts: 42,579 Forumite
    Mr_Muffet wrote: »
    I was interested to read the following in the PPI notes



    OH had a credit card with Capital One he did not tick any box and no discussion ever took place as regards to PPI. However, on his first statement in 2002 he noticed that this product had been included. He contacted Capital one and was told it was compulsory and he couldnt cancel it. If he wanted the card, he had to have the cover. He wanted the card.

    In 2008 he became aware that compulsory ppi was a no no via media reporting and in order to make a reclaim he sent a subject access request for all statements, copies of contracts. No documents or policies in respect of the insurance were provided and when he asked for these separately a generic form was provided and he was told he applied for the PPI by internet 4 weeks after he had applied for the card by telepone.

    Apart from the fact that OH is seriously IT challenged, we were not connected to the internet until 2 years AFTER he had applied for the card.

    Further to this, OH has an existing medical condition, having had a serious operation on his spine in 1990 which left him with impaired mobility, plus a host of other medical conditions which forced him to take medical retirement from his employment. This fact Capital One were aware of as he told them on the phone when they asked for employment details.

    At that time he was employed on a temporary contract a few hours a week with the contract being renewed on the basis of health reviews, yearly.

    In 2006 he did make a claim for an hernia repair which kept him off work for 4 weeks and an insurance claim was made. The insurance company paid the minimum payment for 6 weeks (approximately £190.00).

    Having totted up the premiums since 2002 he has paid around £,3,500 in premiums.

    It is unlikely the insurers would pay out for any of his pre exiisting medical issues or if he was to lose his part time employment.

    Is there any chance a claim for refund of premiums would be successful.

    Thank you for your time.


    Hi and welcome.

    Your OH may still have a case because he would be restricted to make a full claim, so the chances of making a claim will be greatly reduced to due the pre-existing medical conditions.

    For those reasons I would most certainly give it a go.

    Also check on this link for more info, with the guidelines of reclaiming, template letters and other reasons that may also apply.
    They have 8 weeks in full to respond, post by recorded delivery for your proof of posting.
    http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

    Good luck.
    Please keep us posted.;)
    The one and only "Dizzy Di" :D
  • I wouldn't bother with recorded delivery. Just get proof of posting from the Post Office. It is free and FOS will normally assume, if it is sent first class, that it arrived two working days later.

    Post it tomorrow and the clock starts running on Thursday.
  • di3004
    di3004 Posts: 42,579 Forumite
    I wouldn't bother with recorded delivery. Just get proof of posting from the Post Office. It is free and FOS will normally assume, if it is sent first class, that it arrived two working days later.

    Post it tomorrow and the clock starts running on Thursday.

    Cheers for this magpiecottage, I keep forgetting about the post office providing the proof without having the need to use recorded delivery.;)
    The one and only "Dizzy Di" :D
  • Thank you both, di3004 and magpiecottage for your responses. I will most certainly proceed with a claim. Thank you for the links to the template letters and information.,

    Will keep the thread updated as to progress. :)
  • di3004
    di3004 Posts: 42,579 Forumite
    Mr_Muffet wrote: »
    Thank you both, di3004 and magpiecottage for your responses. I will most certainly proceed with a claim. Thank you for the links to the template letters and information.,

    Will keep the thread updated as to progress. :)

    Your very welcome, please keep us posted and ask for help when needed.;)
    The one and only "Dizzy Di" :D
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