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PPI Reclaiming Discussion Part 5

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Comments

  • dunstonh
    dunstonh Posts: 120,033 Forumite
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    Kittykat74 wrote: »
    Slightly confused by your response .... yes my husband had various different payment protection insurance set up to cover all his out goings if he was incapacitated ... as it was well over 10 years ago we just don't have the information anymore. (We only have the details of 1 policy taken out in 2002 when we moved house and changed all the cover we had). Where does telling 'porky pies' come in ... I do not understand?

    A lot of people tell lies when they complain. Indeed, around half of PPI complaints that allege all sorts of wrongdoing dont even have PPI. Some people use template letters which include a load of reasons on them. However, many people forget to amend the template to suit their circumstances. So, they make allegations which are wrong.

    Remember that PPI covers accident, sickness and unemployment. It would only overlap with other PPI plans and in some cases, there would be a limited overlap with some PHI plans. it has no overlap with life assurance or critical illness cover plans. So, if they are life or CI plans, then its a non-issue.

    You can ask the old providers for a policy details summary on the plan even if it is no longer in force.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Nasqueron
    Nasqueron Posts: 10,943 Forumite
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    Kittykat74 wrote: »
    Slightly confused by your response .... yes my husband had various different payment protection insurance set up to cover all his out goings if he was incapacitated ... as it was well over 10 years ago we just don't have the information anymore. (We only have the details of 1 policy taken out in 2002 when we moved house and changed all the cover we had). Where does telling 'porky pies' come in ... I do not understand?

    You are making a complaint that the PPI was miss-sold because you had alternative cover. It is logical therefore for the bank to ask you to prove this was the case, they will obviously not take these things at face value. Dig out old paperwork or speak to the providers and ask for details of the cover
    Kittykat74 wrote: »
    The credit card was taken out around 1999.... my husband has no knowledge of being offered PPI or agreeing to it. He also can't recall if application was on paper or over the telephone. At that point he was self employed so would not have been any use anyway? (That is why he had insurance to cover all his outgoings)

    PPI usually did cover the self-employed, that's a claims company myth.

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    edited 24 February 2016 at 12:14PM
    Kittykat74 wrote: »
    The credit card was taken out around 1999.... my husband has no knowledge of being offered PPI or agreeing to it. He also can't recall if application was on paper or over the telephone.
    With a credit card it's difficult to complain of having no knowledge of it since it appears on every statement on a separate line. It's not surprising that his memory is hazy about the circumstances of the sale 17 years later, but this is not a reason for complaint, I'm afraid.
    Kittykat74 wrote: »
    At that point he was self employed so would not have been any use anyway?
    It's not true that every PPI policy didn't cover the self-employed. That's something else the Bank will check as part of their investigation of your complaint.
    Kittykat74 wrote: »
    (That is why he had insurance to cover all his outgoings)
    As the others have pointed out, you as the complainant are making accusations of wrong-doing. It's only fair then that you carry the burden of proof. In other words, if you said you didn't need the PPI because you had similar cover elsewhere then you have to provide evidence of this.

    As the other poster pointed out, Life and/or Critical Illness cover has no overlap with PPI cover. If this is the insurance you referred to, then you didn't have duplicate cover at all.

    So to answer your original question, if you want your complaint to succeed then yes you'll have to comply with the bank's request for documentary evidence of your apparent additional insurance .
  • Joint mortgage with myself and (then) wife. However only I was covered by the ppi policy,
    Now divorced and no idea where my ex is.
    The Building Society fobbed me off so I went the Ombudsman.
    However they say I need my ex to sign the forms and that she would be entitled to a share of any payout.
    Without her signature they say they cannot look at my case.
    But, I was the sole insured, I paid the premiums and no claims were ever made on the policy

    Surely this is not right
  • AdyBaby wrote: »
    However they say I need my ex to sign the forms and that she would be entitled to a share of any payout.
    It was a joint mortgage which you were jointly liable for.

    Any proceeds from a PPI complaint would therefore also be joint.

    Get her to sign and your concerns can be considered, fail and your complaint is already over.

    It's that simple, I'm afraid.
  • dunstonh
    dunstonh Posts: 120,033 Forumite
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    AdyBaby wrote: »
    Joint mortgage with myself and (then) wife. However only I was covered by the ppi policy,
    Now divorced and no idea where my ex is.
    The Building Society fobbed me off so I went the Ombudsman.
    However they say I need my ex to sign the forms and that she would be entitled to a share of any payout.
    Without her signature they say they cannot look at my case.
    But, I was the sole insured, I paid the premiums and no claims were ever made on the policy

    Surely this is not right

    If it was a lender's own policy then it would be joint. Even if you were the sole individual covered. They can be set up as 50/50,. 75/25 or 100/0. However, both people are named on it even if its 100/0.

    Joint policies need both holders to complain. Not one and if the complaint is upheld (which most Mortgage PPI complaints are not) then the redress is payable to both parties on a 50/50 basis. Who was actually covered doesnt matter as it is the owners of the policy that matter. Not the people/person covered.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Many thanks for your response.

    9. I had not appreciated that M&S's approach to the application of PPI was unusual, but nonetheless, I guess their are thousands of M&S cardholders, although,of course, not all will have claimed to have been mis-sold PPI.
    I agree that the Ombudsman's approach to the calculation of compensatory interest is straightforward, and to me it is logical and fair, but it is worrying that M&S have apparently settled claims using their different approach, without any intervention by the Ombudsman. The answer may be that when I first asked the Ombudsman to explain how M&S had made the interest calculation, the response was that we do not normally get involved. We leave it to the Credit Card Companies to work out.
    As you say I will now have to wait and see if M&S do actually appeal, but in the meantime I am going to see if I can track down any similar cases , although I do not know how.
  • geeka
    geeka Posts: 239 Forumite
    What experience does anyone have of Barclaycard, Halifax and MBMA? I applied on line (I think!) for the credit cards and have just filled in the PPI forms forms.
  • dunstonh
    dunstonh Posts: 120,033 Forumite
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    geeka wrote: »
    What experience does anyone have of Barclaycard, Halifax and MBMA? I applied on line (I think!) for the credit cards and have just filled in the PPI forms forms.

    Online applications have a far lower chance of success on complaints. Mainly as you cannot allege a wrongdoing by a staff member. i.e. you cant say they sold it to you or they they said something wrong or that you didn't need it.

    You are effectively left with on the very low chance that the wording on the website was wrong at the time or it was tick to not have it or pre-ticked. Early cases sometimes were.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Nasqueron
    Nasqueron Posts: 10,943 Forumite
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    geeka wrote: »
    What experience does anyone have of Barclaycard, Halifax and MBMA? I applied on line (I think!) for the credit cards and have just filled in the PPI forms forms.

    Completely irrelevant unfortunately, what happens to your complaint is unique to you, your own situation, complaint reasons, evidence etc

    Just complete the forms and see what they come back with

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

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