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Signed a declaration, reclaiming against HSBC Help!!
cazpattenden
Posts: 3 Newbie
My husband took out a loan with HSBC a few years ago with payment protection on it. We tried to reclaim it a couple of years back but they wouldn't do it because he was made to sign a form when he took out the loan stating that he had not been given any information about PPI and that he opted to have it. Now I know that my husband would not have taken out the PPI unless they had 'forced him' to do so, and with the amount of forms they make you sign when taking out loans, I believe they just slipped that one into the pile without explaining to him what he was signing. Do you think there is anything we can do to rclaim this? Help please because I'm stuck.:mad:
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Comments
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Hi there
When they would not do this or rejected the complaint, did they give you the opportunity of taking your complaint to the Financial ombudsman service (FOS).
If not then maybe write to them again, give it another go, you can do so by completing the reclaim questionnaire as on step 3 below, they may even look into this more now since the rules of the FSA.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#step3
These reclaim questionnaires replaced the template letter.
Good luck.The one and only "Dizzy Di"
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Hi
They did say we could go to the FOS within 6 months of their letter but we didn't do it.
Thanks for your reply0 -
cazpattenden wrote: »Hi
They did say we could go to the FOS within 6 months of their letter but we didn't do it.
Thanks for your reply
Oh right.
Basically then, either give it another go and see what they come back with,
or
If you had personal reasons on why you did not complain to the FOS within that timescale, let them know, and they may consider taking it on.
Good luck.:)The one and only "Dizzy Di"0 -
Oh right.
Basically then, either give it another go and see what they come back with,
or
If you had personal reasons on why you did not complain to the FOS within that timescale, let them know, and they may consider taking it on.
They will almost certainly have retained records of the previous complaint.
FOS will normally need a pretty convincing reason why you did not take it to them earlier. That would normally mean evidence that you have been too ill to do so ever since then.
Otherwise, you normally only get six months to go to FOS and then it is game over.
Even if that were not the case, I think you would have a hard time persuading FOS. Generally, you are deemed to have read, understood and accepted what you sign.
It may sound harsh but FOS will act on the basis of what seems most likely and the evidence indicates that you were not advised.0 -
So if you sign for something are we doomed.0
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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.0
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So if you sign for something are we doomed.
You are also protected. It shows what you were led to believe you were buying and what you told the insurer you thought you were buying.
As DunstonH says there are some circumstances in which it might not be binding on you - normally that the terms were unclear, unfair or misleading.
"I didn't bother to read it" would not be a reason for the terms be set aside.0 -
magpiecottage wrote: »"I didn't bother to read it" would not be a reason for the terms be set aside.
Is there some way we can have this in bold type at the top of every forum page on MSE? It would reduce the number of silly threads by half...urs sinserly,
~~joosy jeezus~~0 -
Over the past few weeks I have become quite adept at seeing through the banks' reluctance to repay PPI. Don't be fobbed off. I the bank did not give your husband any information about PPI at the time of the loan they are on a sticky wicket as they are obliged to give that information.0
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I the bank did not give your husband any information about PPI at the time of the loan they are on a sticky wicket as they are obliged to give that information.
That is going to be difficult if he has signed the document with details on.
In any case, as already noted, the window of opportunity to go to FOS seems to have long since closed.0
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