mortgage/ payment care help refund

jolfc

hoping for some help here, after getting my refund from halifax :T, my partner piped up that he thinks he pays payment care on his santander mortgage (he got it when they were abbey), after delving deeper into all the paperwork it appears he pays £19.23 a month to santander paymentcare insurance which looks to be something to do with aviva, he has paid this since 1994. they sent a letter to say after increasing his payment in july 2009 they were refunding him the increase due to fsa guidelines, and gave him £54.30 back. when taking the policy my partner was and still is self employed and he also said to me when talking to him that he did not realise that he did not have to have this policy as they also gave him a pension policy attached to the mortgage, from reading up am i right in thinking that as he was self employed this policy should not have been sold to him, sorry if we are a bit slow between us, but as the policy is not called ppi and paymentcare insurance we were not sure if it was the same thing, i think it is, any help much appreciated.

roonaldo

The pension policy is unrelated to PPI so irrelevant. Most PPI policies cover self employed, its just harder to claim.

jolfc

jolfc wrote: »

hoping for some help here, after getting my refund from halifax :T, my partner piped up that he thinks he pays payment care on his santander mortgage (he got it when they were abbey), after delving deeper into all the paperwork it appears he pays £19.23 a month to santander paymentcare insurance which looks to be something to do with aviva, he has paid this since 1994. they sent a letter to say after increasing his payment in july 2009 they were refunding him the increase due to fsa guidelines, and gave him £54.30 back. when taking the policy my partner was and still is self employed and he also said to me when talking to him that he did not realise that he did not have to have this policy as they also gave him a pension policy attached to the mortgage, from reading up am i right in thinking that as he was self employed this policy should not have been sold to him, sorry if we are a bit slow between us, but as the policy is not called ppi and paymentcare insurance we were not sure if it was the same thing, i think it is, any help much appreciated.

additional info,

aviva have said the paymentcare policy can be cancelled and that it is a ppi, also in the quotation the mortgage advisor did in 1994 it says

if you are self employed you can still apply, but pcare benefit will only be paid while you are in receipt of national insurance unemployment benefit.

can anyone tell me what national insurance unemployment benefit is please, many thanks in advance,

roonaldo

thats contributions based Job seekers allowance. Most self-employed people dont claim this as not made enough NI contributions in the qualifying years, so claim income based job seekers allowance (which is means tested)

this is basis of your complaint.

magpiecottage

Your complaint will need to be against whoever sold the policy to you.

If this was a representative or employee of General Accident, Commercial Union or Norwich Union then you would be able to take it up with FOS, if necessary because they were all members of the Insurance Ombudsman Bureau at the time.

If it was an employee of the lender (which would seem mean Abbey National, Bradford & Bingley, Alliance & Leicester or a small building society they took over) you can also take it to FOS because they were covered by the Building Societies' Ombudsman scheme.

If it was arranged independently you cannot. This would probably be the case even if the adviser was a "tied agent" of one of Aviva's predecessors because at that time they would only have represented the insurer for life assurance and investments and not for general insurance.

jolfc

magpiecottage wrote: »

Your complaint will need to be against whoever sold the policy to you.

If this was a representative or employee of General Accident, Commercial Union or Norwich Union then you would be able to take it up with FOS, if necessary because they were all members of the Insurance Ombudsman Bureau at the time.

If it was an employee of the lender (which would seem mean Abbey National, Bradford & Bingley, Alliance & Leicester or a small building society they took over) you can also take it to FOS because they were covered by the Building Societies' Ombudsman scheme.

If it was arranged independently you cannot. This would probably be the case even if the adviser was a "tied agent" of one of Aviva's predecessors because at that time they would only have represented the insurer for life assurance and investments and not for general insurance.

now we are confused, it was the lady who worked for abbey national that did the mortgage, payment care, pension policy and home insurance, so will that mean it is santander or aviva?

roonaldo

Santander sold you an Aviva policy, so you complain to Santander.