Could I claim?

adviceforall

Hi,

We remortgaged in October 2007 through a broker that had phoned us and came to the house to arrange everything.

We had a phone call a few weeks ago saying that we had a policy that we had not claimed on for mortgage protection, neither of us knew anything about it so I dug out all the paperwork that we got when the remortgage was arranged. I found a letter confirming we had been accepted to the D&D homecare Ltd Mortgage and payment protection scheme. For the element of Disabilty.

I sent off a claim form which I eventually received although when I rang there was a recorded message transferring me somewhere else.

I thought great a have rheumatoid arthritis and problems with my spine so should be able to claim, ( it looks like we were charged a upfront sum of £2,716.00 for cover from Oct 07 to Oct 12) When we remortgaged there was various things taken out the money, broker fee, insurance etc

But when it was taken out I was self employed and had stopped working around the May/ June time due to a major arthritis flare up. It states that I must not be aware of any illness, disease condition or injury in the 6 months before the policy start date, and that I was working when we applied, so I'm pretty sure I cant claim on it as I had stopped work by the October and have had arthritis for the last 10 years or so.

So can I make a claim that this was miss-sold? I honestly never knew we had this policy, the broker was aware of my arthritis as when we were discussing other policies I couldn't take them out because of it as it was a pre existing condition.

If so how would I go about claiming the original money paid up front?

thanks

dunstonh

so I'm pretty sure I cant claim on it as I had stopped work by the October and have had arthritis for the last 10 years or so.

Pre-existing conditions are normally not covered on these plans unless they are underwritten at point of sale (rather than point of claim).

So can I make a claim that this was miss-sold?

You mean complaint. not claim. Claim means something different.

You can complain if you wish. The actual policy may not be the issue but the fact it was single premium and added to mortgage certainly is. Insurance should be monthly premium. Not single premium.

If so how would I go about claiming the original money paid up front?

You complain to the broker giving the reasons for mis-sale.

adviceforall

Thanks for your advice, do you think I have a realistic chance of getting any money back?

dunstonh

monthly premium has a low success rate as that is how it should be. Single premium is nearly always bad. It typically has in excess of 90% when it comes to upholding complaints. So, yes. A very good chance.

The minute you say single premium and added to loan you more or less assume that it is wrong and redress should be payable.