PPI reclaim after Divorce

dysoner

UK007BullDog wrote: »

That is correct, but real life (and I have paid out myself) proves that at times the rules are being stretched somewhat......

I'm being visited by one of these PPI companies tomorrow. Could you possibly let me know which company is best to contact to stretch the rules, as you say.

Many thanks

dunstonh

dysoner wrote: »

I'm being visited by one of these PPI companies tomorrow. Could you possibly let me know which company is best to contact to stretch the rules, as you say.

Many thanks

Most claims companies are bent. So, if you want to put in a fraudulent complaint then most claims companies will be happy to oblige.

HDS

I have the same issue regarding my PPI claim ,as I was married ,divorced ,it seems that the FULL & FINAL Divorce By Consent Order in divorce settlement holds no water if the Mortgage was held in joint names.

The Mortgage Lender do not take the settlement order reached in a Court when claiming PPI refunds.
As such, you're Ex spouse may refuse to sign a Disclaimer Letter which in turn ,it seems a revisit to Court in order to address the issue ,I think.
Maybe. someone on the Forum could throw some light on this issue.

[Deleted User]

HDS wrote: »

Maybe. someone on the Forum could throw some light on this issue.

The mortgage lender is correct.

If you need to go to court with your ex for any reason, that's a matter between the two of you.

HDS

Hell ,thank you for getting back with your reply.I was hoping not to have to go down this road, but could I ask, if my ex does not agree, would I then have to take this into Court again ?.
thank you

HDS

Hello again, wonder if you could throw some light on this........If one feels that the F.O.S has not fully dealt with you case fully....Does one have a right to complain further up the chain ?,
furthermore that as a result of not being full and correct information of the fact of your case ,and because of the deadline for PPI claims ,being the 29th August 2019 you stand to loose a claim that could have been looked at had you been given the correct advice from the FOS. ?
I have good reason to ask this question as I feel the FSO has let me down in my complaints I had 2 lenders for my mortgage ,one in 1998. ,5 years later a remortgage with a new lender in my sole name.
The FOS has only taken into account the 2nd Lender and not addressed the first..through my online research I think I should have filed a claim with the first Lender as well as the 2nd. but I'm not sure at all as I don't have the experience on these matters.
any advice would be welcomed and helpful

thank you

SonOf

If one feels that the F.O.S has not fully dealt with you case fully....Does one have a right to complain further up the chain ?,

You have the right to complain about the service the FOS have provided.

The FOS has only taken into account the 2nd Lender and not addressed the first..through my online research I think I should have filed a claim with the first Lender as well as the 2nd. but I'm not sure at all as I don't have the experience on these matters.

Each case of PPI misselling is unique. So, you would need to raise it twice. One for each seller.

I have good reason to ask this question as I feel the FSO has let me down in my complaints

How exactly as its unclear why you think that.

As an aside, it is worth remembering that the current FOS uphold rate is only around 25% on PPI and mortgage PPI even less.

HDS

Thank you for your replies,Firstly I'm no expert on procedures in PPI claims, but I'm picking up things by way of online research.i had 2 lenders 1988 with now company then 1992 with another for a re-mortgage. I raised a complaint through the FOS back in June 2019 also submitted all information on both lenders, so the FOS had all the details and documents in front of them.....The FOS found in my favour on the 2nd Lender,the mortgage was transferred into my sole name in 1992. ...Now, I was of the opinion. that on a remortgage there would be a paper trail showing..this person already has a 1st mortgage with this company/Lender and now seeks a re-mortgage with us (the new lender)...so in my case I have been trying to press home the point that the compensation offered by the 2nd Lender is incorrect as it does not reflect the 1st 5 year period .
The FOS had all documents relating to my 1st mortgage but has. never addressed the first 5 year period. Therefore as things stand now I don't know where I stand with the claim for my 1st mortgage I have once complained to the FOS about this and am waiting for them to reply. Question is - can I approach my first lender regarding the 1st Mortgage in 1988 as my documents do show my Mortgage account details..in view of the 29th August deadline ..I don't know how thing lie..as the August deadline has passed but my complaint has in my view not been addressed by the FOS. fully ,nor has any reason been given by the FOS ,noe any advice to the effect that I should have filed a PPI complaint with both Lenders the 1st in 1998 and in 1992...I. no wiser what I should do. If I sent in a claim to the first lender ,being the Abbey National,would they say sorry as the deadline has now passed. or in view of a recent Court case involving PPI brought before the Manchester Count Court ,who upheld the application brought before the Court. I feel the FOS should put things right ..Amy help on this would be most helpful
thank you.

[Deleted User]

The second lender won't compensate you for any mis selling by the first lender.

It would be like Tesco's refunding you for something you bought at Sainsbury's.

HDS

ok I understand, however in your opnion, where does this leave me now as the FOS had all information before them back in June 2019 didn't tell me what I needed to do but just sat on the information and choose not to enlighten me,