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PPI Reclaiming Discussion Part 5

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  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    jenny45 wrote: »
    I have had card from 1990s and mbna say I have had ppi from 2001 but I do not remember how it was added onto my account. I actually had to ask them when it started. Will mbna have this info as lots of ppl on forum are talking about a pre ticked box but I would assume this is for new applications online?
    Yes, the pre-ticked box was a feature of on-line application until the Banks agreed to remove it in 2007. MBNA should have records of how you agreed to PPI.
    jenny45 wrote: »
    Is it if you have ticked the box and made the decision yourself or there was a preticked box which you did not amend is it being classed as your decision to take ppi and that company did not advise you to take it..therefore no misselling has taken place
    From MSE main site ppi guide
    "If you signed up on the internet, reclaiming's more difficult as the full terms are usually available there, and the onus was on you to have understood them.

    But there's an important exception. If you signed up with a provider that was using pre-ticked boxes, you may have had to opt out of the insurance rather than opt in.

    In July 07, all lenders agreed to stop doing this, but if you took out a loan before this date, check urgently – you may have bought insurance without knowing."
    jenny45 wrote: »
    Or if you agreed verbally to taking ppi without company asking about medical conditions or employment cover does this mean miselling?
    Again from the MSE guide
    "Here, the salesperson was responsible for ensuring you both understood the terms of any PPI and that the policy was appropriate"
  • Everyone, after abit of advice if I have done the right thing. PPI Letter sent off to Santander a couple of weeks ago. Yesterday I received a letter from Santander stating that I applyed online in March 2010. The strange thing is that they havent upheld it based on the fact I did the application online. Santander sent me a blank copy of the application form. I phoned them yesterday and they said they were unable to send me my own application as I needed to take the matter to the FSO. I wrote and posted the letter today. The other strange thing is that they sent me a blank application form with Santander on it, instead of an alliance and leicester one!. Sent all documents to FSO.
    I dont know whether its a legitamate mistake or trying to pull the wool over my eyes. I definately dont remember selecting a ppi yes box
  • dean111
    dean111 Posts: 9 Forumite
    Yes, the pre-ticked box was a feature of on-line application until the Banks agreed to remove it in 2007. MBNA should have records of how you agreed to PPI.

    From MSE main site ppi guide
    "If you signed up on the internet, reclaiming's more difficult as the full terms are usually available there, and the onus was on you to have understood them.

    But there's an important exception. If you signed up with a provider that was using pre-ticked boxes, you may have had to opt out of the insurance rather than opt in.

    In July 07, all lenders agreed to stop doing this, but if you took out a loan before this date, check urgently – you may have bought insurance without knowing."

    Again from the MSE guide
    "Here, the salesperson was responsible for ensuring you both understood the terms of any PPI and that the policy was appropriate"
    how do i know if they are using pre-ticked boxes ? dean
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    rambo128 wrote: »
    I received a letter from Santander stating that I applyed online in March 2010. The strange thing is that they havent upheld it based on the fact I did the application online. Santander sent me a blank copy of the application form.
    An on-line application is very difficult to contest as mis-sold unless the payment protection box was pre-ticked. The Banks agreed to remove the pre-ticking feature in 2007.
    As for the other administration errors you mention, they don't have any bearing on your case.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    edited 15 March 2012 at 5:42PM
    dean111 wrote: »
    how do i know if they are using pre-ticked boxes ? dean
    You don't if you can't remember!
    However, all lenders agreed to stop the practice in July 2007 so if your loan pre-dates that then you may have a case for claiming you've been unaware of having PPI.
  • dean111
    dean111 Posts: 9 Forumite
    You don't if you can't remember!
    However, all lenders agreed to stop the practice in July 2007 so if your loan pre-dates that then you may have a case for claiming you've been unaware of having PPI.

    it should do i got the credit card in 2005, so do you think i will have case?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    edited 15 March 2012 at 6:00PM
    dean111 wrote: »
    it should do i got the credit card in 2005, so do you think i will have case?

    You'll have to write to them and ask! Not every provider used the boxes and most applications on-line are deemed "non-advised" unless they subsequently rang the customer.

    EDIT: Just saw that you already have a rejection letter in which they state you had the option to tick the box to select ppi.
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 15 March 2012 at 7:24PM
    Hi, Received reply back from THe Colt Car Company yesterday saying that I have to refer the claim to the business that sold the cover, which was the garage that I purchased the car from. How will they beable to deal with the claim as they were selling a Shogun/LTSB product ie financial PPI. Surely they will just have to refer back to either of those which is where I started in the first place.
    It is the dealer that you go to, i thought it was mitsubishi that sold you the car,is that the garage you bought the car from and who are the colt car company?.

    You put the mis sell into the garage you bought the car from, they sold you the loan and ppi, they should not pass the buck but if they do, let them know you will pass this to FOS to deal with as they sold you the loan and ppi not any other company.
  • amersall
    amersall Posts: 17,035 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I can't imagine it would be full redress if they've told me they've rejected my complaint. It was worded as though they'll make a small offer after talking to the initial lender.

    I'm pretty sure we didn't get any kind of rebate when we settled, would they have taken that off the settlement figure?
    When you settled the loan they will have given you a rebate of the ppi, this meant you had less to pay back to the loan for the settlement, because this ppi was front loaded the remaining ppi after the rebate was still on your loan and you paid this ppi back too even though the loan did not run to term.


    Front loaded is the main reason for mis sell, they should uphold the ppi amount as a mis sell, they cannot do part of it, you were mis sold due to the fact it was front loaded, if they write back without the full redress i will help you with what to write back to them, they will not like it if this goes to FOS.

    You will get back the whole ppi amount, you paid this even when you settled, they will take the rebate off and you will also get the 8%, this is why these long term loans with front loaded ppi are a rip off.
  • dean111
    dean111 Posts: 9 Forumite
    You'll have to write to them and ask! Not every provider used the boxes and most applications on-line are deemed "non-advised" unless they subsequently rang the customer.

    EDIT: Just saw that you already have a rejection letter in which they state you had the option to tick the box to select ppi.

    so does that mean i have not got a case? thanks dean
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