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PPI Reclaiming Discussion Part 5

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  • Embleton
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    Hi,

    I'm sorry if this has been asked/answered before but I have read through some posts and nothing quite covers it...

    I haven't claimed for PPI yet but am keen to check and see if it applies to me, however, the credit cards and overdrafts that would potentially have PPI on them we had a fair while ago and unfortunately got into major financial trouble and defaulted on them.
    We managed to get through it and finally set up nominal payments every month and have been paying ever since.
    If we did have PPI on them (which we certainly didn't know about) can we claim against these accounts or would we not be able to because we had to default on them?

    Thanks in advance for any advice!
  • Nasqueron
    Nasqueron Posts: 9,085 Forumite
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    Embleton wrote: »
    Hi,

    I'm sorry if this has been asked/answered before but I have read through some posts and nothing quite covers it...

    I haven't claimed for PPI yet but am keen to check and see if it applies to me, however, the credit cards and overdrafts that would potentially have PPI on them we had a fair while ago and unfortunately got into major financial trouble and defaulted on them.
    We managed to get through it and finally set up nominal payments every month and have been paying ever since.
    If we did have PPI on them (which we certainly didn't know about) can we claim against these accounts or would we not be able to because we had to default on them?

    Thanks in advance for any advice!

    If you want to CLAIM on your policy then it's a bit late though they might consider a retrospective one

    If you want to COMPLAIN about your policy you can but any refund can be offset against the money you didn't pay back (including written off money) so you might clear your debts but probably won't see a penny personally unless the PPI was more than you owed
  • Donald35
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    rihsabramo wrote: »
    I have had a couple of loans and credit cards over the past few years, I can't remember who with but I believe a credit report will tell me. But then how do I find out if I has PPI on these loans. I think I did especially on one but am not certain.

    Thanks
    Hi hope you don't mind me asking I also had a credit card in the 90s I remember it was called SMART I like you are trying to track down the provider any help much obliged. How did you get on ?
  • Nasqueron
    Nasqueron Posts: 9,085 Forumite
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    Donald35 wrote: »
    Hi hope you don't mind me asking I also had a credit card in the 90s I remember it was called SMART I like you are trying to track down the provider any help much obliged. How did you get on ?

    The last 6 years will be on your credit report, beyond that it's just your memory. Chances are if it was closed in the 90s or early 00s they won't have any records left of you thus no proof you ever had any unless you have your own paperwork. Will take a lot of work to get anywhere with this as the card company of that name seems to be non-existent - chances are it was bought up years ago and no-one remembers
  • Embleton
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    Thanks so much for the information - even if it means the debts are paid off it seems well worth the effort!
  • Nasqueron
    Nasqueron Posts: 9,085 Forumite
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    Embleton wrote: »
    Thanks so much for the information - even if it means the debts are paid off it seems well worth the effort!

    Yes it can be as you may end up with something, just need to make you aware it might get put against the debt so don't use a claims company or they'll bill you for the full refund even if you don't see a penny
  • j5emm
    j5emm Posts: 29 Forumite
    First Anniversary
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    Just a quick update, I have now had a Halifax credit card complaint upheld. Just waiting on Dorothy Perkins store card, egg ( barclaycard) and studio cards catalogue account.
  • Dave53
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    Only just registered so not sure I am posting in the right way so apologies if not. Many years ago I had mortgage protection insurance which was arranged by Abbey National (I think - will dig out admin tomorrow) with a company with whom I signed a separate agreement and to whom I paid separate monthly premiums. When I moved to a different mortgage company the Abbey, without consultation, stopped the protection insurance. I believed I still had insurance protection but was stupidly too busy to notice that the monthly payments had stopped. About 18 months later I was made redundant and contacted the insurance company to find that they had cancelled the policy at the behest of the Abbey despite their having the contract with me. There followed some very difficult financial times but little by little I survived without losing the house at the time but it did cost me my marriage of 34years. I am now very happily remarried and I am investigating the possibility of my making PPI reclaims with the assistance of MSE resources.

    BUT I am in a quandry over this insurance issue. Is this a straight forward PPI reclaim or do I have a case for wider damages and how do I go about progressing such a claim? Any help gratefully received!
  • dunstonh
    dunstonh Posts: 116,716 Forumite
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    Many years ago I had mortgage protection insurance which was arranged by Abbey National (I think - will dig out admin tomorrow) with a company with whom I signed a separate agreement and to whom I paid separate monthly premiums.

    Excellent. That confirms it was set up correctly. Standalone monthly premiums are how they should be set up.
    When I moved to a different mortgage company the Abbey, without consultation, stopped the protection insurance.

    If it only covered the mortgage whilst it was with Abbey, then it would logically stop when you cease to have the mortgage with them. Many of the banks will only cover their own borrowing. Normally the banks tell you about this in the closure letter they send you when the mortgage is repaid
    I am now very happily remarried and I am investigating the possibility of my making PPI reclaims with the assistance of MSE resources.
    Nothing you have written suggests any wrongdoing. So, what is it that you think they have done wrong?
    Is this a straight forward PPI reclaim or do I have a case for wider damages and how do I go about progressing such a claim? Any help gratefully received!

    You dont appear to have any complaint based on what you have written.
    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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    Dave53 wrote: »
    do I have a case for wider damages
    I'm afraid you don't even appear to have a valid mis-selling complaint, let alone a case for suing the Bank for allegedly causing your marriage to break down!

    I do hope you've learned from your mistake of not regularly checking statements.

    The Bank are not responsible for your own omission and you really cannot complain that you were " stupidly too busy to notice that the monthly payments had stopped". This was no one's fault but your own.

    The Bank will have definitely written to tell you that your insurance cover ended as part of the Mortgage Closure Communication, so I can't see you getting anywhere with a complaint that you were not made aware. You even state at the outset of your post that this was "many years ago", so the chances are that you simply don't remember being informed.
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