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PPI Reclaiming Discussion Part 5

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Comments

  • m_pochec
    m_pochec Posts: 40 Forumite
    Hi can anyone tell me if they have had postal applications with missold PPI upheld by the banks or ombudsman. My application was apparently done by post. The bank rejected saying I ticked the box so sent it ombudsman. The FOS has written today to give me a some feedback after a quick glance at my case and said my complaint could go either way as they have seen cases like mine be uphold and some not upheld. Why would some be upheld and not others? The agreement is a pen tick and I know I did not tick this box

    Anyone had similar experience and if so what was the outcome?

    Thanks
  • We bought life insurance with our mortgage when my husband died they refused to pay out as they said he had a pre existing illness,I had all the premiums paid back to me but does anybody know if I d be entitled to compensation for being miss old the policy,we bought it face to face but were never told how important it was to state every illness.very expensive lesson learnt.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    m_pochec wrote: »
    my complaint could go either way as they have seen cases like mine be uphold and some not upheld. Why would some be upheld and not others? The agreement is a pen tick and I know I did not tick this box
    Your complaint certainly won't be upheld on the basis that the box has apparently been ticked by someone else. This is an allegation you can provide no solid evidence for.

    Most postal or internet sales of PPI cannot be mis-sold as they were done without any advice from bank staff. It means they were mis-bought if unsuitable and the bank has no liability. However, if you had a meeting with an advisor prior to the postal application in which you were "sold" the PPI this is one instance where FOS might uphold your complaint.

    To be honest, FOS are rather hedging their bets with their statement which does not come from any adjudicator of course.
    You'll know for sure in around eighteen months.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    were never told how important it was to state every illness.
    Unfortunately I can't see this being upheld as mis-sold. I think you've already won in that the Bank agreed to refund your insurance premium. The application form would have made it clear that all pre-existing medical conditions should be declared.
    However, if you haven't already complained (hence your refund?) you have nothing to lose by doing so.
  • Can anyone help?
    I had a very persistent young man on the phone yesterday who works for 'Rapid Legal Services'. When he started his PPI blurb I told him he was wasting his time- as I'd never taken PPI (Good financial advice meant I always took the much cheaper income protection policy option until I had a job that offered decent sick pay).
    He was adamant that even though I think I haven't taken PPI that some financial institutions hid it in their interest rates, and I would need their (Rapid Legal's) help to be able to claim this money back, as if you try to recliam as an individual the bank will just give you the brush off.
    I said I found this hard to believe, and if it was true I'm sure I would have read about it on MSE.
    He said the issue had been featured on X-ray.
    He said there was £billions to be allocated, and a time limit on when it needed to be allocated by, (like bank charges). He said his company have been commissioned by the Ministry of Justice to contact those who have been affected.
    And this was why I had been contacted.
    I refused to speak to him any further- I said I'd contact them once I'd done my own research. Does anyone know anything about this?
    Have the banks secretly creamed cash off me that entitled to claim back?
    I've had 2 more calls from them which I've ignored while I've tried to find out more!
  • -taff
    -taff Posts: 15,408 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 April 2013 at 7:54PM
    All complete and utter lies.

    read this
    http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance


    luckily for them they are authorised, or shame, or you could have reported them.
    https://www.claimsregulation.gov.uk/search.aspx?search=simple&business=Rapid+Legal+Services&authID=&sector=-1&county=-1&status=-1

    No one is authorised by the Ministry of Justice to contact you, the business is merely authorised to provide a claims service.
    Non me fac calcitrare tuum culi
  • amersall
    amersall Posts: 17,037 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    He said his company have been commissioned by the Ministry of Justice to contact those who have been affected.
    And this was why I had been contacted.
    Contact the MOJ and ask if this company have been commissioned by them to get people this money back, if they have not and I would be very surprised if they had, make a complaint to the MOJ.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    amersall wrote: »
    Contact the MOJ and ask if this company have been commissioned by them to get people this money back, if they have not and I would be very surprised if they had, make a complaint to the MOJ.
    I think just complain, no one has been commissioned by the Ministry Of Justice-they are the regulator of ALL Claim Companies and are often named by some of the more unscrupulous ones who are trying to make themselves appear "official".
  • m_pochec
    m_pochec Posts: 40 Forumite
    Your complaint certainly won't be upheld on the basis that the box has apparently been ticked by someone else. This is an allegation you can provide no solid evidence for.

    Most postal or internet sales of PPI cannot be mis-sold as they were done without any advice from bank staff. It means they were mis-bought if unsuitable and the bank has no liability. However, if you had a meeting with an advisor prior to the postal application in which you were "sold" the PPI this is one instance where FOS might uphold your complaint.

    To be honest, FOS are rather hedging their bets with their statement which does not come from any adjudicator of course.
    You'll know for sure in around eighteen months.


    Thanks:) Do you think this is a standard statement letter most recieve initially?
    The Fos said at a glance it would appear to have been done by post, and could have been finalised in branch but until they fully investigate and hear back from the business they won't know the exact circumstances and to be honest i ca't for the life of me remember, however there are 2 cards in total so not sure whether thats the case for both or just 1 card. Both cards had really high limits on them with one over £5,500 on, so it going to be very frustrating and depressing if the FOS don't uphold. However my only saving grace of any evidence of no knowledge of the PPI is that i still had the cards in 2006 when i came out of work for minimum of 12 months due to Severe stress and yet they will know i never made a claim on the PPI as i did not know it existed. Plus if they still have recordings in Archive then i will have proof that i informed them of my circumstances and even then the PPI never came up for discussion. Surely this is some form of evidence? I have sent off for an SAR for both cards and still waiting for them to send info to me.:( Have to say i'm drained with reclaiming PPI. Its been a real battle as your right and trying to prove you didn't take it out, tick a box or sign for PPI in the first place is not easy. I imagine this missold reason is the one businesses will get away with most as how does a customer prove that? as with no knowledge and being a good few years ago why would i hold any documentation/proof to prove otherwise? Yet it obviously happpened as its happened on many of my accounts and other peoples. I wonder if its worth asking if stress was an exemption of their policy? it would widen my complaint maybe that even if i had of known about the policy it would have been useless to me due to stress exemption?:(
  • -taff
    -taff Posts: 15,408 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I doubt it would have paid out for stress, because that's a psychological complaint.
    I really can't see how it's battle unless you make it one. All it is is a load of letters flying or snails-pacing to and fro, where sometimes you get lucky, sometimes you don't, whether you can prove or not that it was missold.
    Non me fac calcitrare tuum culi
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