PPI Reclaiming Discussion Part 5

[Deleted User]

-taff wrote: »

Do you have this in writing?

The OP doesn't need it in writing. As long as he told them he was bankrupt, the CMC cannot charge for their services and have to refuse to handle the complaint.

The OP's problem is that he pushed ahead with the complaint and, clearly, the Bank have informed the Claim Company of his "success" because he signed a Letter Of Authority.

As before, there are two likely outcomes here. The Bank will either discover prior to payment that the OP is bankrupt or the OP will contact the OR when they receive the cheque.

In either situation the CMC will not be able to demand their fee.

Only if the OP cashes any cheque will he be liable for fees, but that will also open up a whole other can of worms with the Official Receiver and is not recommended.

MikeKe

Hi. A similar question might have already been raised but this forum is so busy that I'm struggling to find it so I hope someone can help.

As I'm not sure whether I had it, I recently requested PPI information from a number of banks that I had a credit card and mortgage with in the past. I have no paperwork for them.
I made the requests via banks' websites.

Some banks responded by post stating that there was no PPI on the account, but Halifax and Lloyds sent me PPI questionnaires to fill in.
With Halifax it was a credit card open in 2009 and Lloyds it was a credit card from 2011 and mortgage (from C&G) from 2006.

I can't really answer some questions as I can't remember and as mentioned have no paperwork.

Did they send a questionnaire because there was PPI on the account?
How do I find out more?

[Deleted User]

Sometimes. But it's often quicker for them to send out the questionnaire and then check the details of your complaint when you return it.

Fill in what you remember. If you need more information, ask them.

Nasqueron

MikeKe wrote: »

Hi. A similar question might have already been raised but this forum is so busy that I'm struggling to find it so I hope someone can help.

As I'm not sure whether I had it, I recently requested PPI information from a number of banks that I had a credit card and mortgage with in the past. I have no paperwork for them.
I made the requests via banks' websites.

Some banks responded by post stating that there was no PPI on the account, but Halifax and Lloyds sent me PPI questionnaires to fill in.
With Halifax it was a credit card open in 2009 and Lloyds it was a credit card from 2011 and mortgage (from C&G) from 2006.

I can't really answer some questions as I can't remember and as mentioned have no paperwork.

Did they send a questionnaire because there was PPI on the account?
How do I find out more?

PPI was almost gone by 2010 and banned at point of sale by October 2010 so if it was taken out in 2011 (unless you mean the card was closed then?) it'd have been sold in a properly regulated sales process so hard to argue it was miss-sold. MPPI even less likely to be miss-sold as it's a useful insurance the can save your home.


You have to be honest and explain what you remember and expect you will have to provide evidence to support any claims you make. You can expect the mortgage PPI to be rejected unless there was some real valid reason why it'd never pay out

MikeKe

Deleted_User wrote: »

Sometimes. But it's often quicker for them to send out the questionnaire and then check the details of your complaint when you return it.

Fill in what you remember. If you need more information, ask them.

Nasqueron wrote: »

PPI was almost gone by 2010 and banned at point of sale by October 2010 so if it was taken out in 2011 (unless you mean the card was closed then?) it'd have been sold in a properly regulated sales process so hard to argue it was miss-sold. MPPI even less likely to be miss-sold as it's a useful insurance the can save your home.


You have to be honest and explain what you remember and expect you will have to provide evidence to support any claims you make. You can expect the mortgage PPI to be rejected unless there was some real valid reason why it'd never pay out

Thank you both.

donttakeit

Hi all, my first post - I bought a car on finance in 1991, I was self employed, did not want PPI but was told if I didn't have it = no loan ! Also self employed so could not claim on it anyway, made no difference, the company used Woodchester Finance ltd., I still have all documents - 1/ finance agreement 2/ acceptance letter from car company 3/ 14 day used car exchange letter 4/ every bank statement showing every payment on time up to completion.
The car company ceased trading years ago, Woodchester Finance Ltd., were taken over by Santander - Santander do not have any record of the sale, Financial Ombudsman Service declined my claim, the reasons they have given are :-
1/ The sale was prior to 2005 and therefore not regulated.
2/ Woodchester Finance Ltd., did not sell the PPI (which is "technically" correct as it was the car company who filled out the Woodchester Finance Ltd., sales agreement in the showroom)
3/ neither the car company or Woodchester Finance Ltd., exist any longer .
I realize this is complicated but I feel so strongly over this as it has been in the FOS hands since 2013 !!!!!!! and they originally told me that my claim was against Financial Insurance Company Ltd., which it is not and it has taken all this time perusing the wrong company !!!!!!! I pointed this out to FOS but they do not want to know (see above)
I am really frustrated !
Any help from anyone would be really appreciated, or should I just give up ?
Thanks in advance

[Deleted User]

You give up.

[Deleted User]

donttakeit wrote: »

1/ The sale was prior to 2005 and therefore not regulated.
2/ Woodchester Finance Ltd., did not sell the PPI (which is "technically" correct as it was the car company who filled out the Woodchester Finance Ltd., sales agreement in the showroom)
3/ neither the car company or Woodchester Finance Ltd., exist any longer .
I realize this is complicated but I feel so strongly over this as it has been in the FOS hands since 2013 !!!!!!! and they originally told me that my claim was against Financial Insurance Company Ltd., which it is not and it has taken all this time perusing the wrong company !!!!!!! I pointed this out to FOS but they do not want to know

It's not complicated at all.
The Car dealer did not "technically" sell you the insurance, they very definitely sold it to you.
This being prior to 2005, the sale was not regulated and so you should really have had no access to the Ombudsman at all (let alone it being with them for six years) and similarly FSCS cannot help.

The problem appears to be that you complained to the wrong financial institution, were rejected on that basis, but then went ahead with an Ombudsman referral anyway!

donttakeit wrote: »

or should I just give up ?

I'm afraid you have no alternative, the whole venture has been a waste of everyone's time and I'm sure Santander are pleased that they will have had to pay the FOS fee even though they had no involvement in this sale.

Sorry.

dunstonh

The car company ceased trading years ago

Thats !!!!!!ed you. Although even if they were still trading, they would not consider your complaint as its long before regulation of insurance.

Santander do not have any record of the sale,

It really doesnt matter what Santander do or do not have as they didnt sell it to you. So, they have no liability.

,

Financial Ombudsman Service declined my claim, the reasons they have given are :-
1/ The sale was prior to 2005 and therefore not regulated.
2/ Woodchester Finance Ltd., did not sell the PPI (which is "technically" correct as it was the car company who filled out the Woodchester Finance Ltd., sales agreement in the showroom)
3/ neither the car company or Woodchester Finance Ltd., exist any longer .

All those things are correct. No2 is not a technicality. It is a statement of fact. The seller is responsible. Not the lender.

I realize this is complicated but I feel so strongly over this as it has been in the FOS hands since 2013 !

Its not complicated. Shame you didnt post here earlier as you would have had a clear answer.

Any help from anyone would be really appreciated, or should I just give up ?

You give up.

Insurance regulation started in January 2005. So, anything sold before that date you cannot complain about unless the seller was a member of an earlier body. The banks were. Which is why they have to consider pre-regulation complaints. However, car dealers were not. So, any car dealer sold loan pre-regulation is game over before you start.

[Deleted User]

dunstonh wrote: »

Shame you didnt post here earlier as you would have had a clear answer.

Despite his claim to the contrary, the OP did post (on this very thread) six years ago. He was given the same correct information and chose to ignore it, apparently because he received a payout from the underwriter in another instance.
https://forums.moneysavingexpert.com/discussion/comment/59873855#Comment_59873855