Advice - PPI Complaint Rejected

marshallka

As it was only last week you had your letter from HSBC rejecting your complaint you still have plenty of time for FOS and as they have "Offered" you to send them anything else then I would say (I did state that maybe call the FOS with the wording of the letter if it makes you feel better but you DO have 6 months from when they give their final response) to write with your other reasons (especially that you already had cover too.... missed that one) and reiterate your other reasons too and about it being a single premium and see what they say.

Good luck

marshallka

dunstonh wrote: »

What evidence do you have to support your accusation?

They are saying that you ticked the box, they have evidence to show that. You are saying that you were forced to have it. What evidence do you have to show that?

Not saying its a case of this in this sale but it seems that there are a few on here stating about "evidence" and that is what FOS bases complaints on but the Misrepresentation act 1967 says that sometimes where a misrepresentation has been made it can differ...... don't know if FOS also take this into account????? Section 2.......

http://www.legislation.gov.uk/ukpga/1967/7

The Ombudsman used this with Endownment complaints I think
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/3/pre-financial-services-act.htm

dunstonh

marshallka wrote: »

Not saying its a case of this in this sale but it seems that there are a few on here stating about "evidence" and that is what FOS bases complaints on but the Misrepresentation act 1967 says that sometimes where a misrepresentation has been made it can differ...... don't know if FOS also take this into account????? Section 2.......

http://www.legislation.gov.uk/ukpga/1967/7

The Ombudsman used this with Endownment complaints I think
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/3/pre-financial-services-act.htm

You have to prove misrepresentation. So, the problem again comes down to evidence (and usually lack of).

magpiecottage

dunstonh wrote: »

You have to prove misrepresentation. So, the problem again comes down to evidence (and usually lack of).

Absolutely - complaints should not be decided by an "oh yes you did" "oh no I didn't" match (some would say that FOS is already far too much of a pantomime!).

This is not bias against consumers, it simply reflects a long standing legal principle that he who asserts must prove. The complainant does not need to prove beyond all reasonable doubt but it is necessary to demonstrate that it is more likely than not, and not merely equally as likely, that his assertions are true.

So his simply say so is insufficient.

However, the OP says there is a signature from an employee of the bank saying they gave advice - that could be sufficient to persuade FOS that they should have ensured he had sufficient knowledge to know what he was doing and failed to do so.

Marshallka is also advocating a complaint that the policy was a single premium added to the loan. It may be but there is no evidence of that. Claiming it was will undermine the OP's credibility if it turns out to be untrue.

Having been given a final response in which the bank has clearly gone against what it regulator expects, I think going to FOS now will give the OP the upper hand.

They will almost certainly uphold if it was a single premium even if it is not mentioned in the complaint.

marshallka

magpiecottage wrote: »

However, the OP says there is a signature from an employee of the bank saying they gave advice - that could be sufficient to persuade FOS that they should have ensured he had sufficient knowledge to know what he was doing and failed to do so.

Marshallka is also advocating a complaint that the policy was a single premium added to the loan. It may be but there is no evidence of that. Claiming it was will undermine the OP's credibility if it turns out to be untrue.



They will almost certainly uphold if it was a single premium even if it is not mentioned in the complaint.

I did actually ask the OP

Was it a single premium PPI?

I also said when referring to the single premium question (IF IN FACT IT WAS!!!)

I DID ask the OP and not ASSUME like some on here!!!