PPI Reclaiming Discussion Part 5

dunstonh

Mattypatts said:

My partner successfully re-claimed Mortgage protection insurance in around 2017. Having now repaid the mortgage he has recently noticed Halifax are still taking out the PPI payments despite the claim having been successful and the mortgage now repaid. There are potentially 2 years worth of payments that have gone out of his savings account at the rate of £165. a month (I still need to add up exactly how much has been taken) Halifax won't speak to me about it and ran him around several different departments when he called. How can we get the payments back and would he be entitled to make a new claim?

Was the original complaint about the PPI in the Halifax TMPP policy?   If so, did the plan have any other segments such as life assurance or critical illness cover?      
The PPI complaint would not cancel the other segments.  So, you would still expect to see a payment going out for them.
If the plan was PPI only (which is unusual but possible) then you just raise another complaint saying they didnt cancel the PPI when they upheld the complaint.

Mattypatts

Thanks for your reply dunstonh. To my knowledge the TMPP included life assurance and critical care. My partner was successfully able to claim that due to being in a senior position in the military he was covered by their own life assurance, critical care and death in service. Like many before him he took on the policy under the impression that the mortgage was only available on those terms. I will arrange for him to raise another complaint as you have suggested. Thank you for your advice.

dunstonh

Thanks for your reply dunstonh. To my knowledge the TMPP included life assurance and critical care. My partner was successfully able to claim that due to being in a senior position in the military he was covered by their own life assurance, critical care and death in service.

That makes it a very unusual case that would not follow the expected norm.   I can certainly understand the PPI element being upheld under complaint but not the life assurance or critical illness cover as neither of those are an issue for armed forces.  Indeed, the armed forces dont have critical illness cover as part of their package and death in service is only a small amount that would leave most families short of money still.  So, there is no reason for them not to be upheld.

Are you sure they upheld the complaint against all bits and not just the PPI bit?  That would explain why there is still an ongoing payment after the complaint.

-taff

And if it is the case as Dunston points out, then a] he should have noticed this payment going out every month and b] ask very very nicely for it back, because if you complain, you may have to prove those elements were part of his perks. If you can, great, if you can't....

Mattypatts

Sorry for the delay. To update: He did have separate Life insurance/assurance cover through an insurer recommended by the military, it was not a perk. Having finally spoken to someone at the Halifax it seems the life insurance is still an active part of the TMPP and they are going to submit a complaint on his behalf and we should hear within 8 weeks. ..taff, I couldn't agree more, he should have noticed.

dunstonh

To update: He did have separate Life insurance/assurance cover through an insurer recommended by the military, it was not a perk.

Dont get your hopes up.

For a regulatory point of view, having multiple life assurance plans is normal and most people are woefully under-insured.  Complaints about life assurance tend to look at financial need at the time of purchase.     Typically, you would expect them to ask what the details of the other plan were and then they would look at your overall coverage.  its is within 20x income plus debts then you would expect to be rejected.

That doesnt mean you will be rejected as banks are sometimes strange in outcomes. Upholding stuff that should not be upheld and rejecting complaints that should be upheld.   However, statistically and expectation, you would not expect the complaint to be upheld.

sh5

Are Santander bank bending the rules and flaunting with the law? They have offered me a payout for mis-sold PPI on a loan, albeit what seems a low offer, but they are refusing to acknowledge the credit card, I had taken out well before the loan, had incurred PPI charges. They say it is their final word on the matter after using the influx of claims prior to the PPI deadline as an excuse to delay due to being inundated with claims, then conveniently for them Covid19 allowed more excuses to delay it further. They say they have no records to show I ever had PPI and it is upto myself to prove that I did. This goes back around 20 years ago or so, where and how could I find proof when it is them who are meant to keep the records. The initial agreement was with another company that Santander have taken over, how is it that they can acknowledge the loan that was taken out at a later date had PPI but not the earlier credit card? That makes no sense at all, why one but not the other? Is there anything I can do or anyone who could pursue this matter on my behalf?

I used the resolver templates to initiate my claim and a previous quibble I escalated to the ombudsman came back with a pretty flimsy 'not much we can do' reply in regard to a previous claim with a different company.

For all the 'laws' and 'help' that is in place these days they still do as they please and walk all over the common man, it is disgusting.

I would be grateful for any advice if anybody has any. Thankyou.

dunstonh

Are Santander bank bending the rules and flaunting with the law? 

What law?

, but they are refusing to acknowledge the credit card, I had taken out well before the loan, had incurred PPI charges. 

Have you given them any evidence of its existence and the fact that PPI premiums were paid?

 They say it is their final word on the matter after using the influx of claims prior to the PPI deadline as an excuse to delay due to being inundated with claims, then conveniently for them Covid19 allowed more excuses to delay it further. 

Their "excuse" is valid.   Its well known that the deadline created a massive surge and that Covid effectively shut down the bulk of the complaints process in respect of PPI.

 They say they have no records to show I ever had PPI and it is upto myself to prove that I did.

Correct.

This goes back around 20 years ago or so, where and how could I find proof when it is them who are meant to keep the records. 

You appear mistaken.  The data protection act requires them to destroy records that are no longer required.  The recommended timescale on non-critical items is 6 years.   So, they would have destroyed details many many years ago.

The initial agreement was with another company that Santander have taken over, how is it that they can acknowledge the loan that was taken out at a later date had PPI but not the earlier credit card? 

As you say, the loan was taken out at a later date.

Is there anything I can do or anyone who could pursue this matter on my behalf?

No. It you have no records and they have no records then its game over.

For all the 'laws' and 'help' that is in place these days they still do as they please and walk all over the common man, it is disgusting.

You keep making reference to laws.  However, its unclear what laws you are referring to.  It is actually the law that requires them to destroy records.

brettcta

How dare Santander not break the rules and keep 20+ year old documents that they have no reasonable need to keep?

take them to the cleaners

[Deleted User]

sh5 said:

how is it that they can acknowledge the loan that was taken out at a later date had PPI but not the earlier credit card? That makes no sense at all

Meanwhile, in the real world, it makes perfect sense.