RBS Rejecting Claim

biggeo1954

Go Easy Please First Post

RBS are rejecting my claim reason given is that they have paid out to me during unemployment and the claims paid out on policy exceeds what there offer would have been. Therefore there is no refund due as i have suffered no financial loss.
It was explained to them when i made the claim that i could have still paid the credit card as my better half was in employment. I also told them i am at present and have been for the past 15 months self employed and i have read on other posts that the policies do not cover when self employed.

Any help would be appreciated, should i just forget about writing back to them or going to the FOS?

Regards
George

dunstonh

RBS are rejecting my claim reason given is that they have paid out to me during unemployment and the claims paid out on policy exceeds what there offer would have been. Therefore there is no refund due as i have suffered no financial loss.

Perfectly logical and common sense.

It was explained to them when i made the claim that i could have still paid the credit card as my better half was in employment. I also told them i am at present and have been for the past 15 months self employed and i have read on other posts that the policies do not cover when self employed.

why don't you tell them that you will pay back the amount paid under the claim and take a refund of contributions instead.

Any help would be appreciated, should i just forget about writing back to them or going to the FOS?

FOS will be of no help to you. You are attempting to get money where no money is due to you. You are not financially worse off because of the insurance. You are financially better off. Therefore you have no entitlement to redress.

magpiecottage

To get a complaint upheld you need to demonstrate:

1. A compliance failure (the firm did something it should not have done or did not do something that it should have done)
2. A financial loss (or possibly material distress or inconvenience)
3. That the loss was a reasonably foreseeable consequence of the compliance failure.

Unless it is possible to show all three to be the case your complaint will not be upheld.

It sounds as though RBS have established that all the premiums paid (plus interest) come to no more than the benefits paid when you were unemployed. Having done so, there is no point in considering whether a compliance failure took place.

If they are correct, FOS will also refuse to investigate your complaint.

Common_Sense_2

As dunstonH suggests - pay the money back which you received as the claim while you were unemployment, then you can receive the premiums back plus interest.

biggeo1954

Good news about my other card they are paying out £4807.41. I have had this card from march 1996 but they have only went back to october 2001. i called them and they advised me that there records only go back to that date they said if i had statement then send copies in and they would re assess. i have found 8 statements from 1996 but no others from 1997 till 2001. Any advice on how i should continue would be appreciated

roonaldo

biggeo1954 wrote: »

Go Easy Please First Post

RBS are rejecting my claim reason given is that they have paid out to me during unemployment and the claims paid out on policy exceeds what there offer would have been. Therefore there is no refund due as i have suffered no financial loss.
It was explained to them when i made the claim that i could have still paid the credit card as my better half was in employment. I also told them i am at present and have been for the past 15 months self employed and i have read on other posts that the policies do not cover when self employed.

Any help would be appreciated, should i just forget about writing back to them or going to the FOS?

Regards
George

What do you want? with PPI mis-sales, they are only obliged to put you in the position you would be in had you not taken the PPI, you are not entitled to any more. any redress you would be owed if mis-sold would have the claims amount take off it anyway. its a non starter. FOS would not disagree with that decision.

you are not worse off for having this insurance. the policy was obviously suitable for you and you were eligible for it as you claimed successfully on it. you said your other half could have paid it, so why didnt you cancel it and get them to pay it instead of the insurance? its also not a reason for a mis-sale.

you have also said you are now self employed, your current circumstances are irrelevent to a ppi mis-sale as you obviously were not self employed when you took it out. the adviser/ sales person is not at fault, as they cannot see into the future!

you also wanted some advice on your other complaint. it sounds like there here is nothing you can do, as their records dont got back that far so the onus is on you to prove your ppi payments, so the statements you find will have the PPI refunded (with interest), so keep hunting for them.