Ombudsman appeal lost, any advice

suitable69

Just got a letter from the ombudsman today saying I have lost my appeal against Nationwide's decision.
Some background, I took the card out in 2005 and cleared it in 2008 and im 95% sure I had PPI on it from the start but going by these notes from Nationwide say it was taken out in 2007 anyway this is from the notes and have a recording with myself in 2007 and here is the text for you "Okay would you like me to add the insurance cover to your account sir?" to which I say "yeah, considering whats happened with me in the last with my card in the past few weeks, I want any sort of protection." It then states "therefore confirming the Mr Parker had an option of whether he wanted to accept or decline the PPI. I have found insufficient evidence to suggest that the policy was not optional"
Ok reading that you would think its clear cut but that phone call was after my card got cloned hence my "yeah, considering whats happened with me in the last with my card in the past few weeks, I want any sort of protection." comment when asked and I was ringing up to activate my new card. Do I have grounds to go back and say that was misleading? I should of been told PPI wont cover fraud?
One last thing if I had PPI on from the start would they of told me?

Thanks in advance

brightonman123

something along the lines of you weren't properly advised / assessed, as to whether PPI was suitable to you..

'do you want it', to me, doesnt sound like advice!

suitable69

They did tell me how much it would cost and the benefits of it (sorry for not adding that b4) but I didnt need it because I get full sick pay but my gripe is that phone call if you listen to it and not know what had happened a few weeks prior you would think I wanted PPI and that is what the adjudicator must of thought.

brightonman123

add-on- have you heard / remember the full conversation? see what they may have omiitted from Ombuds reply..

suitable69

Do I have to put this in writing or can I give them a call and give them my ref number etc

dunstonh

I should of been told PPI wont cover fraud?

PPI wouldnt cover your aunt Mary getting run over by a bus but they dont have to tell you about that. There never has been any requirement to go into war and peace about what you are not covered for. They key is what you are covered for and significant exclusions, if any.

Remember that there is nothing wrong with having PPI. It was how it was sold that matters and it appears both Nationwide and the FOS have concluded that there was no rule breach in the way the information was presented. It also sounds like their evidence contradicts your verbal allegation. That is hard to overcome without evidence.

brightonman123

if they knew you had full sick pay, then imo it was mis-sold, as not needed?

Deffo worth writing again, in with background as above.. may need to show payslips/contract as proof?

My fee is just 20% - a bargain! ;-)

magpiecottage

What do you mean by "full sick pay" - do you know what you really get? Some people get an unpleasant shock when they fall in and find they are going to get much less than they expected.

And no employer provides redundancy cover.

suitable69

Thanks for your input.

@ magpiecottage Ive just been off work for 6 months and I got full wages plus bonuses that I missed so I do know what full pay is.;)

@ dunstonh "Remember that there is nothing wrong with having PPI. It was how it was sold that matters and it appears both Nationwide and the FOS have concluded that there was no rule breach in the way the information was presented. It also sounds like their evidence contradicts your verbal allegation. That is hard to overcome without evidence. " what do you mean by evidence?

The point im trying to make here is Nationwide mentioned my cc fraud and have tied it into this, would they have to tell the ombudsman that? like in my phone conversation with nationwide in 2007 after I got my new card.
It also says I had no other way to pay if I went off sick or got made redundant, I was never asked this as I would of cashed in my endowments if things got tough .
Would it be easier if I scanned it and posted it up on here if anyone is interested?

dunstonh

@ dunstonh "Remember that there is nothing wrong with having PPI. It was how it was sold that matters and it appears both Nationwide and the FOS have concluded that there was no rule breach in the way the information was presented. It also sounds like their evidence contradicts your verbal allegation. That is hard to overcome without evidence. " what do you mean by evidence?

What was your complaint and what information did you have available to support your complaint? If you only have a verbal allegation then your complaint is weak as it becomes a he said/she said scenario and neither side can prove anything. So, when the documentary evidence is looked at and if that shows no wrong doing, your complaint is rejected. Documentation is King in a complaint.

It also says I had no other way to pay if I went off sick or got made redundant, I was never asked this as I would of cashed in my endowments if things got tough .

Cashing in the endowments would leave the mortgage repayment in jeopardy. Your financial need is what is looked at and you did have a financial need. If you didnt then that would be a valid complaint.

suitable69

Ok I know what you mean but I think it all boiled down to that phone call that I think was misinterpreted because that call was just after I received my new card after the fraud but as you said they have a phone call that looks like I need PPI but I didnt want PPI or need PPI etc etc.
As we all know banks and other financial companies can and do manipulate situations.
My endowments are not connected to my mortgage