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PPI Reclaiming Discussion Part 5

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Comments

  • dunstonh
    dunstonh Posts: 120,029 Forumite
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    R11jone wrote: »
    If you have contacted you bank and asked if your loan has ppi and they so no. How do you check. My loan is with tesco and they said I had no ppi. So I asked who the underwriter was. They said they underwrite themselves. How do I check and what do I do next?
    Thanks

    There is absolutely no reason for you to ask for the underwriter. It is irrelevant. It is even more irrelevant if you don't have PPI.

    If you do not believe their response or your think they are mistaken and you have no paperwork of your own, you can spend £10 and do a Data subject access request to them.
    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.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    R11jone wrote: »
    My loan is with tesco and they said I had no ppi. So I asked who the underwriter was.
    Complaining to the underwriter is not possible where there was no policy in the first place. The underwriter is not responsible for selling you the insurance anyhow.

    If you refuse to believe that you didn't have PPI, you can "check" (to an extent) by sending them a Subject Access Request (SAR) letter.
    For £10, Tesco will dig out all records that may have been kept on file and send them to you.

    If the SAR returns no record of PPI, then it is logical to assume that you didn't have any. However, this seems like a futile exercise unless you have real doubts that Tesco are in fact not being honest in their original response.
  • Hi everyone. I'd really appreciate some help.

    My fiancee remembers paying for PPI on a mortgage which she opened in 1998 with Halifax, but she has no record of the mortgage account number or anything like that - just the property address and the relevant dates.

    She filled out a PPI claim form with the info she has, but Halifax replied saying that they couldn't find a record of her account.

    We then phoned Halifax and they said that they stored really old documents in an offsite location and suggested submitting a 'Data Subject Access Request' to request copies of the original documents pertaining to the mortgage, which we then did in writing to ask for the details of the account, but they wrote a letter back stating that they are 'unable to provide a copy of the original documents due to the amount of time that has elapsed since inception of this account. Whilst the bank is obliged to hold application documents for a reasonable period of time, I do not feel that it would be realistic for us to have retained these since your account was opened some (at the date of the letter) 16 years ago'.

    My reading of this letter was that they didn't actually state that they had looked for the documents, so I wanted to get clarity on this, so we emailed customerrelations@halifax.co.uk (which at the time was a working email address - subsequently it looks like it's been deleted), saying:

    'Can you please confirm that you have looked for the documents requested and that you don't have them? The wording in your letter is a bit 'weasily' and doesn't actually state that you have looked for the documents and couldn't find them.'

    They didn't reply to this email.

    Can anyone suggest what to do next, or should we give up?
  • Nasqueron
    Nasqueron Posts: 10,942 Forumite
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    mikefenna wrote: »
    Hi everyone. I'd really appreciate some help.

    My fiancee remembers paying for PPI on a mortgage which she opened in 1998 with Halifax, but she has no record of the mortgage account number or anything like that - just the property address and the relevant dates.

    She filled out a PPI claim form with the info she has, but Halifax replied saying that they couldn't find a record of her account.

    We then phoned Halifax and they said that they stored really old documents in an offsite location and suggested submitting a 'Data Subject Access Request' to request copies of the original documents pertaining to the mortgage, which we then did in writing to ask for the details of the account, but they wrote a letter back stating that they are 'unable to provide a copy of the original documents due to the amount of time that has elapsed since inception of this account. Whilst the bank is obliged to hold application documents for a reasonable period of time, I do not feel that it would be realistic for us to have retained these since your account was opened some (at the date of the letter) 16 years ago'.

    My reading of this letter was that they didn't actually state that they had looked for the documents, so I wanted to get clarity on this, so we emailed [EMAIL="customerrelations@halifax.co.uk"]customerrelations@halifax.co.uk[/EMAIL] (which at the time was a working email address - subsequently it looks like it's been deleted), saying:

    'Can you please confirm that you have looked for the documents requested and that you don't have them? The wording in your letter is a bit 'weasily' and doesn't actually state that you have looked for the documents and couldn't find them.'

    They didn't reply to this email.

    Can anyone suggest what to do next, or should we give up?

    You can escalate to the ICO if you believe they have not done a proper DSAR but beyond that with no documentation you are at end.

    If it's any comfort most MPPI was not miss-sold as it is a protection for your most important asset and could save you being made homeless

    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.

  • Hi, Sorry if the answer is elsewhere but I cant find it on the other threads. If a loan has been repaid but the company accepted a partial settlement in full and final payment can you still reclaim the PPI on the loan?


    Thanks
  • Unfortunately this was missold - my fiancee was told that it was mandatory.
    Nasqueron wrote: »
    You can escalate to the ICO if you believe they have not done a proper DSAR but beyond that with no documentation you are at end.

    If it's any comfort most MPPI was not miss-sold as it is a protection for your most important asset and could save you being made homeless
  • dunstonh
    dunstonh Posts: 120,029 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    My fiancee remembers paying for PPI on a mortgage which she opened in 1998 with Halifax, but she has no record of the mortgage account number or anything like that - just the property address and the relevant dates.

    Did she use a broker? In which case, the bulk of the information would not be with Halifax. They would have little more than an application form. It would not be surprising to see that no longer existed in a relevant filing system given the timescale. Halifax would also not be aware of any insurances arranged as it has nothing to do with them.
    Can anyone suggest what to do next, or should we give up?

    They have said they are unable to provide a copy and they have explained why. Their response is reasonable and not unexpected.

    Plus, remember that this is a mortgage. Most mortgage applications wont show whether there was MPPI or not. Those tend to be on standalone applications
    My fiancee remembers paying for PPI on a mortgage

    Halifax are pretty good on locating their old records on things they sold. So,I wonder if your fiancee actually had PPI. Maybe it was life assurance. Maybe it was via a broker. Maybe it was MIG.
    Unfortunately this was missold - my fiancee was told that it was mandatory.

    Nothing wrong with that if it is mandatory. Lenders are allowed to insist on insurance as a condition of borrowing. It is when it isnt a condition and you are told that which makes it a mis-sale. However, it is one of the weakest complaints going as it unlikely she has any evidence to back up that allegation.
    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.
  • dunstonh
    dunstonh Posts: 120,029 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    monkey42 wrote: »
    Hi, Sorry if the answer is elsewhere but I cant find it on the other threads. If a loan has been repaid but the company accepted a partial settlement in full and final payment can you still reclaim the PPI on the loan?


    Thanks

    You can still make a complaint. However, if your complaint is successful, they do not have to refund the money to you. They can use it against he amount of the debt that was written off as part of the settlement. Only if there is a surplus after that would you then get any.
    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: 10,942 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    mikefenna wrote: »
    Unfortunately this was missold - my fiancee was told that it was mandatory.

    As above if it WAS mandatory then them saying it is mandatory is not miss-sale. With some models e.g. buying from a broker to give you free advice you must buy insurance from them or you pay the broker a fee. Neither of these are miss-sales

    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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    Nasqueron wrote: »
    You can escalate to the ICO if you believe they have not done a proper DSAR but beyond that with no documentation you are at end.
    There is no point "escalating" to the ICO at all if there is only a "belief" or "suspicion" that their SAR request has not been performed correctly. Just because an apparently "weasily" (sic) worded response was received, does not mean that no search has been completed.

    I'm actually not surprised the Bank didn't deem it fit to respond to the Op's accusation, given the manner it was made.
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