PPI Reclaiming Discussion Part 5

Nasqueron

Andypez wrote: »

my wife was rejected by the ombudsman in 2015 for a claim for mis-selling of PPI, but i found the response from the ombuds office insufficient in detail to substantiate a refusal, it was appealed to the Ombuds office again, however was again refused.

We argued that Halifax/RBS informed her that it was necessary to have PPI when she took out her mortgage. the Policy was also not suitable. She was told that it was necessary to have it as part of her mortgage when it was sold to her.

because it has been rejected by the bank and now rejected by the Ombudsman, is there any other route of having the matter re-investigated?

Basically no, your only recourse would be a court case which is very expensive and much more risky. The FOS is consumer biased, a court case would require YOU to prove on the balance of probabilities that what you claim is true and how you were miss-sold. Unless you have proof she was told it was mandatory and that it wasn't really then I'd let this one go. If the Adjudicator AND the ombudsman don't think you were miss-sold, a court almost certainly won't either

youbigstinker

Hi
Watching Martin's show last night has made me rethink the situation.
Would I still be able to submit a claim if the property was repossessed ?
It was back in the 80's and I was sold the policy but with the rates inflating I was not able to keep up with the payments !

Andypez

Nasqueron wrote: »

Basically no, your only recourse would be a court case which is very expensive and much more risky. The FOS is consumer biased, a court case would require YOU to prove on the balance of probabilities that what you claim is true and how you were miss-sold. Unless you have proof she was told it was mandatory and that it wasn't really then I'd let this one go. If the Adjudiucator AND the ombudsman don't think you were miss-sold, a court almost certainly won't either

Would she be able to still make a 'Previn' claim if appropriate? (obviously when the finer details from the Ombudsman are known)

tafer2uk

Rather than starting a new thread I hope it's ok to post a question here.

I watched Martin's show last night and it got me thinking.Is there any way I can check if I was 'mis-sold' PPI other than through a claim company? I would never have knowingly agreed to PPI for various reasons and can remember the long sales pitches I used to receive before I said no. I also like to think I am diligent in checking my credit agreements when they arrive and think I would have noticed. However having seen last night that people who declined PPI still had it put on their policy I feel like I should double check.

If there is no free tool is it a case of writing to every past lender and asking them to check their records as I don't have any proof I have been mis-sold. Documents over a certain age have long since been destroyed? How would I word it? Is it simply a case of asking them to check as surely they will just come back and say no you never had any products?

Thanks

dunstonh

youbigstinker wrote: »

Hi
Watching Martin's show last night has made me rethink the situation.
Would I still be able to submit a claim if the property was repossessed ?
It was back in the 80's and I was sold the policy but with the rates inflating I was not able to keep up with the payments !

MPPI was a mid 80s product but didnt become common until very early 90s. So, did you actually have a MPPI? What did they do wrong?

It is pre-regulation, no records probably exist and if you left a debt unpaid then they could offset it against that debt.

dunstonh

I watched Martin's show last night and it got me thinking.Is there any way I can check if I was 'mis-sold' PPI other than through a claim company?

Yes, You make your complaint directly to the firm that sold you PPI. That is all CMCs do. They post it to the same address you would use.

However having seen last night that people who declined PPI still had it put on their policy I feel like I should double check.

PPI is not invisible. For credit cards, it would appear on each statement it is paid. For loans, it would appear on the credit agreement and on the statement. However, many people dont read their documents. So, that is why they claim that.

If there is no free tool is it a case of writing to every past lender and asking them to check their records as I don't have any proof I have been mis-sold.

That is what you do.

How would I word it? Is it simply a case of asking them to check as surely they will just come back and say no you never had any products?

Ask them if you had it and if you did explain why you think you shouldnt have had it.

youbigstinker

Thankyou for your reply.
MPPI was a mid 80s product but didnt become common until very early 90s. So, did you actually have a MPPI? What did they do wrong?

I really don't know until ! I would have to find all the related papers.
I know I still have the old Leeds and Halifax Building Soceity pass books.

I know I had to pay an extra premum for Sick/unemployent insurance and to use their House insurance. I don't know if this is a MPPI policy ?

It is pre-regulation, no records probably exist and if you left a debt unpaid then they could offset it against that debt.

I 'm guessing this would be a waste of time then

youbigstinker

Andypez wrote: »

Would she be able to still make a 'Previn' claim if appropriate? (obviously when the finer details from the Ombudsman are known)

What would the 'Previn' claim Be ?

dunstonh

youbigstinker wrote: »

What would the 'Previn' claim Be ?

It is Plevin. Basically, on failed complaints, there is still the potential to receive some redress if the commission on the PPI was above 50%. If it was, you get the excess above that plus interest. e.g. if the commission was 56% of the premium, you get back the 6%.

On loan PPI, most will exceed 50%. On credit card PPI, most are around 50%. On MPPI, most are well under 50% (around 20-35% more typical).

It does not apply to successful complaints as they get 100% refunded.

-taff

Nasqueron wrote: »

You can't complain about the same thing twice and you only have 6 months to refer the rejection to the FOS.

They have no access to the FOS if it was sold prior to Jan 2005.