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PPI Reclaiming Discussion Part 5

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Comments

  • Nicknackday
    Nicknackday Posts: 3 Newbie
    edited 19 October 2016 at 6:34PM
    I used the template on MSE to claim PPI direct from banks and have been plagued by calls from claims companies. Capital One in particular does not handle anything direct and it seems neither do some of the other banks listed on MSE. Is this right? I was expecting the banks themselves to follow up.
  • Nasqueron
    Nasqueron Posts: 10,937 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I used the forms on MSE and have been plagued by calls from claims companies acting on behalf of banks. Capital One does not handle anything direct and it seems neither do some of the other banks listed on MSE. Is this right? I was expecting the banks themselves to follow up.

    They're lying pure and simple.

    If you have PPI you complain directly or the bank write to you inviting to complain (the time bar letters)

    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.

  • I used the forms on MSE and have been plagued by calls from claims companies acting on behalf of banks.
    It's a coincidence that you received spam calls.

    No Banks are represented by Claims Companies.

    Sounds like you have been lead to believe the cold callers are acting on receipt of your complaint, they aren't.

    If you complain direct to the Bank (including Capital One) your complaint will by dealt with only by the Bank. The Bank will normally acknowledge receipt of complaints in writing within four weeks, if this hasn't happened within that timescale then contact them directly to find out why.
  • mtm81
    mtm81 Posts: 103 Forumite
    Part of the Furniture Combo Breaker
    Hi,
    Recently put my claim in again a car loan I had back in 2005.

    At the time although I bought the car from a dealer I remember talking the agreement through over the phone with an advisor from black horse at the dealership.


    The ppi was in my opinion midsold as its benefits would not in the main have applied to me as I was self employed and therefore most of the 'loss of job' benefits etc wouldn't have applied.

    I've had a response back from black horse saying that I bought the finance from the dealer and because that dealer is no longer in business they can't help!

    I know that's a standard generic refusal letter but wondered if I should now go straight to the ombudsman?

    Thanks for any advice. :-)
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    You have no access to the Ombudsman, not least because you haven't complained to the correct institution. Black Horse have no liability as they didn't sell you the Insurance. It's not a "generic" rejection letter you received, but a very specific one you should take notice of.

    If, as you say, the dealer is no longer trading you may be able to refer the complaint to FSCS. Do note that the PPI must have been taken out after January 2005.
  • dunstonh
    dunstonh Posts: 120,015 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I know that's a standard generic refusal letter but wondered if I should now go straight to the ombudsman?

    It is not a standard generic refusal. You complained to the wrong place. The seller is responsible. Not the lender. Unless the an agent/employee of the lender is used. In your case, the car dealer is the seller. You should complain to the car dealer.

    Going to the FOS will just delay things and end up with the same result.
    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.
  • mtm81
    mtm81 Posts: 103 Forumite
    Part of the Furniture Combo Breaker
    Thank you for the replies!

    The agreement was post Jan 2005 (just!) and I'm happy to go to the fscs if that's the correct course of action.
    The clarification I was seeking was simply that black horse were denying any responsibility when I had to speak them rather than the dealer to get the finance sorted at the point the agreement was setup.

    As I am self employed my acceptance for a loan was not certain so the dealer put me on the phone to black horse rep to sort and it during that call that the ppi was sorted.


    As THEY talked me into it and as my status meant I wouldn't have been covered for the benefits the ppi offered I was under the impression that it would be black horse liable.

    If it is indeed fully the dealers responsibility then I'll go to the favs as suggested.
  • -taff
    -taff Posts: 15,388 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    FSCS. Dealer is responsible.
    Non me fac calcitrare tuum culi
  • dunstonh
    dunstonh Posts: 120,015 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The agreement was post Jan 2005 (just!)

    Regulation started 14th January 2005. That is when FSCS protection started. Which side of that line are you?

    As THEY talked me into it and as my status meant I wouldn't have been covered for the benefits the ppi offered I was under the impression that it would be black horse liable.

    Dealer takes liability.
    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.
  • Gib82
    Gib82 Posts: 6 Forumite
    Fifth Anniversary First Post
    Hi I have a question and need a little advice. Lloyds wrote to me saying they had possibly missold ppi on a personal loan ( back when you had to check a box to opt out of ppi on the internet I think as I was totally unaware I had ppi) I have found out that the ppi premiums were added on to the total loan (basically I borrowed what I thought was £3000 but I had actually borrowed £3613 the £613 being the ppi cost.) I know I will probably get the ppi back but as I was not given accurate information on the loan interest (because of the ppi) does this also constitute the loan having been missold? The loan was paid in full so should I also claim for the interest on the loan or just the ppi? Thanks in advance
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