PPI Reclaiming Discussion Part 5

[Deleted User]

miamumma wrote: »

Are they legally allowed to withhold information as it is a closed account? Or do I go straight to the Ombudsman?

It sounds as though you asked for the credit agreement, this isn't available for closed accounts as the Bank have advised. You have no right to complain direct to the Ombudsman at this stage. Write a Subject Access Request (SAR) letter (which costs £10) and see what comes back.
Excellent template here:
https://forums.moneysavingexpert.com/discussion/1475553

-taff

GAZMAC wrote: »

Hi thereeveryone,

New to thissite and claiming ppi so please bear with, I recently contacted HSBC via thetelephone to obtain all my information on loans and cards that have ppiincluded yesterday I received a letter from there regulated sales complaintsdept stating that they have made a thorough search and can regrettably find nodocumentation I requested although the letter dose have all my loan accountnumbers on so they must have some record of my loans ect any thoughts how Ishould proceed?
GAZ

You only need the account numbers to make a complaint. Make your complaint and see what happens.

amersall

-taff wrote: »

You only need the account numbers to make a complaint. Make your complaint and see what happens.

And reasons for mis sell

[Deleted User]

-taff wrote: »

You only need the account numbers to make a complaint. Make your complaint and see what happens.

If HSBC has no documentary evidence then they'll usually demand such from the complainant before proceeding.

-taff

Yes, but they haven't sent a SAR but do have the account numbers. They could make a complaint with the numbers and see what happens.

Omollmeg

My partner took out a few loans with Lombard which finish this month which is great, however unknowingly he had PPI on all of them. I sent all the appropriate letters and today recieved a large pack back from them to say they will not uphold the complaint and have sent us all p/work signed by my partner agreeing to there terms. He was under considerable pressure at the time and vaguely remebers them saying he wouldn't get the loans without the cover so my quetion really is should I persue this and go to the ombudsmen?
Thanks all :think:

-taff

You can try but you need a better reason than he felt under pressure. Like, was it single premium on a chain of loans?

2-cats

Help Please!!

After making a successful ppi claim in Jan 2012 on one of my Halifax credit cards, I have made a ppi claim on my other Halifax credit card but this claim has been rejected. With the claim last year all I had to do was make one call and that was it but this time after I made a call to the Halifax I also had to fill in a questionnaire and I was also called back by the Halifax.

I have been self employed since 1991 as a taxi driver and my claim relates back to March 1996.

Below is a copy of the findings from the Halifax.



25 March 2013


Dear Mr xxxxx


Credit card number xxxxx


After considering the evidence and any documentation or information or information available to me, I have not found sufficient evidence to agree with your allegations that your PPI policy was mis-sold, As such I am unable uphold your complaint.


As part of my review, I have considered whether you were eligible for the policy and whether the policy was suitable for you. I have also taken into account each of the concerns you raised with us in your complaint and I can confirm that I did not identify any other issues when reviewing your file.


Having completed all of these steps,I went on to look at your complaint as a whole to ensure that we acted fairly towards you in relation to the sale of your PPI policy, giving appropriate weight and balanced consideration to all available evidence, including any further information supplied by you.


I am sorry that you felt the need to complain about your PPI policy and appreciate that my decision may be of disappointment to you. However I can assure you that I have fully investigated your complaint and all the surrounding circumstances.


Your complaint


You contacted us on 1 march 2013 expressing dissatisfaction about your PPI policy. we duly wrote to you to acknowledging your complaint and our understanding of it.


During your telephone call on 1 March 2013, you were dissatisfied that:


1) Before you purchased the policy , you were not advised that you were not eligible for parts of it.

2) You were not advised of the main features, exclusions or limitations or the PPI policy

3) Before you purchased the PPI policy, you were not advised about any exclusions or limitations that were specifically relevant to your situation

4) You were not asked if the PPI policy was suitable for you




Findings


In order to address the concerns you have raised, I have reviewed all the available sale related evidence. I have established that you applied for your credit card PPi policy on the 8 March 1996.


To further assist my investigation I have also taken the following into consideration


* Your consumer credit card agreement (CCA)

* Telephone call call made to you on 22 March 2013


It should be noted that prior to 2005 the sale of PPI was not regulated by the financial services authority (FSA), However, \we were members of the association of British insurers (ABI), which expected its members to conduct business with upmost good and faith and integrity.


In addition,the sale was made on a non-contract basis and as such, we were only required to provide you with information designed to ensure that you could then make an informed decision as to whether the policy met your personal requirements. it was ultimately your decision to purchase the policy.


That said I have still conducted a full investigation into the sale of your PPI so as to ensure we met our obligations to present the information in a fair way.


All your complaint points have been fully considered. For clarity, I have addressed your allegations under the following headings.


*Eligibility-Were you eligible for your PPI policy?

*Policy features and limitations- Were the policy benefits and exclusions explained to you to clearly?

*Information and disclosure- Did we give you enough information and help so you could make an informed decision? Were our services and status explained correctly?


Eligibility


The evidence detailing your status at the time of sale, confirms that at the time of sale, you were eligible for the PPI policy you bought.


Policy features & limitations- Relating to complaint point - 1,2


The documentation that you were provided with both at the point of sale and after purchasing your PPI policy, such as a summary of the policy and policy booklet, fully explained the benefits and limitations of the policy.


In particular, I have reviewed the information that we give you about the exclusions and limitations of the policy and I have concluded that these were explained to you sufficiently clearly and you were not significantly affected by them.


Having considered all the available evidence,I have come to the conclusion that the features of the policy were adequately presented to you so that you cold make an informed choice as to whether or not you wished to purchase the PPI policy.


Information and disclosure- Relating to complaint point- 3,4


I can verify that there was no alternative policies available at the time of sale.


When considering the information available I can conclude that the documentation was provided to customers at the time contained sufficient information to ensure you could make an informed decision as to whether the policy met your personal requirements


It cannot therefore be concluded that the information and disclosure given was inappropriate in the circumstances.


Conclusion.


In light of my findings I am unable to agree that your complaint should be upheld.


I believe that the information provided at the time of the sale was a fair presentation of the features of the policy and explained the exclusions and the total cost of the insurance. I am also of the opinion that it was clear, fair and not misleading therefore allowing you to make a fully informed choice.


My review has not highlighted any failings with the sale that would lead me to believe your decision to purchase the PPI policy would have changed.


I trust that I have clearly explained the reasons for my decision.However, if you not agree with with my decision please contact us on 08456014034 or write in providing further supporting evidence to support your claim. I will consider any additional information and advise you whether I change my decision. If I do not here from you within twenty eight days of the date of this letter, I will close your complaint and consider it resolved.



In the event that you remain unhappy with my decision , you have the right to refer your complaint to the financial ombudsman service (FOS), Any referral to FOS must be made within six month of the date on this letter. I enclose a copy of the FOS's leaflet about its service


Your sincerely


xxxx xxxxxx

Customer services

Can somone please help me move forward with this claim please (thats if i have reason to claim)

Thank you Ian.

amersall

The evidence detailing your status at the time of sale, confirms that at the time of sale, you were eligible for the PPI policy you bought.

My review has not highlighted any failings with the sale that would lead me to believe your decision to purchase the PPI policy would have changed

Ask them "what evidence" they refer too and ask for a copy, if you could have repaid the card in any eventuality, had life insurance or savings then dispute this.

The documentation that you were provided with both at the point of sale and after purchasing your PPI policy, such as a summary of the policy and policy booklet, fully explained the benefits and limitations of the policy

In particular, I have reviewed the information that we give you about the exclusions and limitations of the policy and I have concluded that these were explained to you sufficiently clearly and you were not significantly affected by them.

Just because they gave you "a booklet and a summary of the policy" does not mean that everything was explained to you and they should not use this as an excuse.
Get back in touch and see what they say, if you get no joy then send it to FOS, they should not use sending you a booklet with the terms of the insurance as reason for not upholding your complaint, make sure you tell FOS this as well.

amersall

Berriexx wrote: »

Hi,

I'm just wondering of anyone has come across the same problem as me. I have today received an offer from Halifax for the mis-selling. They have awarded me the difference between a single premium policy and a monthly repayment policy elledging that even though they agree to the mis-selling they believe a monthly repayment policy would have been suitable.

Has anyone experience this??

Thank you

P.S. New to this so may not hae posted this in the correct place if not can someone please let me know

If you could have repaid the loan in any eventuality, good sick package, life insurance and maybe savings then I would show them that you had no need of insurance at all.