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lou-28_2

We made a PPI complaint to Halifax end of last year because we were paying them PPI aswell as another company. (We didn't realise we were paying two PPI's on our mortgage until we reviewed our finances). Our complaint was rejected because based on their evidence they didn't feel it was misold and relevant to our needs.

We haven't seen this evidence but should I go straight to the FO or contact Halifax first to ask what the evidence is because I have evidence of what we signed up to?

Our estate agent arranged our mortgage and if they signed us up to Halifax's PPI aswell as the other one I have no paperwork on this. I was sad enough to keep a 'moving file' when we moved house and I have all of the paperwork associated with it.

dunstonh

We haven't seen this evidence but should I go straight to the FO or contact Halifax first to ask what the evidence is because I have evidence of what we signed up to?

The FOS will see their evidence and will ask for evidence from you if you think they are wrong. The most credible side will win. Documentation trumps verbal unproven allegations.

Our estate agent arranged our mortgage and if they signed us up to Halifax's PPI aswell as the other one I have no paperwork on this.

The estate agent is liable for the sale. Not Halifax. That is quite probably why they are rejecting it as none of their staff were involved. The mortgage application and insurance request would have just arrived in the post to them from the agent.

lou-28_2

So should I go after the estate agent then as the FOS will most likely side with Halifax won't they? But will the estate agent be liable to repay PPI payments that were not made to them? I think this will get complicated. Maybe I should make an appointment with Citizens Advice.

dunstonh

So should I go after the estate agent then as the FOS will most likely side with Halifax won't they?

It isnt a case of siding with Halifax. It is a bit like complaining to Tesco over something Sainsburys have done. The FOS wont blame Halifax for something they didnt do.

But will the estate agent be liable to repay PPI payments that were not made to them?

There is nothing wrong with having the product. The lender or insurer are not refunding because you have PPI. It is all down to how it was sold or how it was set up and the seller has the liability for the advice they give. You are complaining about the advice when its a mortgage broker.

First of all it means you have to prove that the estate agent adviser did something wrong. That is harder than banks as banks tend to use a sales process and mortgage advisers use an advice process. Also, if its pre 2005, then its quite possible, even probable, that it would be classed as pre-regulation and you wont be able to complain and wont have access to the FOS (depends on the status of the adviser at the time)

MPPI has far fewer complaints than loan and credit card PPI and advised cases are even fewer. Advised cases typically will disregard any verbal unprovable allegation you make and will look at documentation. Advised cases tend to have lower complaint upheld rates as the audit trail should be better than sold cases. That doesnt mean you have no chance. It just means they wont roll over as easily as banks and the odds are lower. i.e. wishy washy complaints will fail whereas factual and provable complaints should still succeed.

Maybe I should make an appointment with Citizens Advice.

They may help if you are struggling.

lou-28_2

It was 2006. I have found a letter from the mortgage team at the estate agents which clearly says that MPPI was being set up with the insurance co they are agents for.

It doesn't say anything about a MPPI through Halifax. Since the estate agent sold us the mortgage and MPPI's then I guess that makes them liable? The original mortgage application from the estate agent to Halifax would surely hold the key but who would I ask for that? Or do I bother? I don't know whether the estate agent applied for MPPI with Halifax without telling us or whether Halifax added it on as part of their normal mortgage application process.

Should I put everything I have together and pass it all to the FOS to investigate?

AndyinLondon_2

lou-28 wrote: »

Should I put everything I have together and pass it all to the FOS to investigate?

FOS won't investigate until you've complained to the business responsible for the sale, in this case it sounds like you need to complain to the estate agent first. If they are still in business it may be worth asking them why you ended up with two policies.

As dunstonh says, depending on the status of the estate agent at the time, FOS may not have any power to investigate this at all.