PPI Reclaiming Discussion Part 5

Nasqueron

bemaking wrote: »

I've just received a refusal to pay ppi from MBNA.


The reason given is that they have sent me a letter in 2013 which I am now out of time limit to reply to.


However I've managed to ascertain from MBNA that this was sent to the last address they had on record for me (when I was a customer in the early '00s. This happens to be my parents old address)


Needless to say they don't live there anymore and the letter never magically found its way to me.


Surely this is unacceptable? MBNA can't exonerate themselves from miss-selling because they sent a letter to a dead end address surely?

Ask the FOS as it's a bit of a grey area, the time bar is correct but the fact it went to the wrong address is a bit hit and miss - you didn't update them of course so they had no way to know you had moved but given it went to the wrong address there is some argument you didn't know they had written to complain

bemaking

Indeed. I can't but help think they would have gone to more investigative effort if it had been me that owed them money!


The time limit surely starts from the point of contact, and in this case there was no contact. (Maybe its a little facetious but how do they know I didn't claim for ppi just before in 2012, just sent it to a wrong address or PO box?)


Surely its not my responsibility to provide my current details to any company that I've ever had dealings with on the grounds that it may be found in the future that they had mis-sold something?


I will of course approach the ombudsman with this.

[Deleted User]

bemaking wrote: »

Surely its not my responsibility to provide my current details to any company that I've ever had dealings with on the grounds that it may be found in the future that they had mis-sold something?

How else would they know? Of course the responsibility is yours alone.

I'd be a lot less belligerent in any communication you have with the Bank over this.

bemaking wrote: »

I will of course approach the ombudsman with this.

The Ombudsman can't override a correctly applied time-bar. If I were you I'd follow the advice in post #9376 and contact the Bank asking them to re-consider. If they refuse, then refer to the Ombudsman.

rutmar

Hi all, Hoping someone can help please. I secured a 25 year mortgage thru Woolwich Building Society in October 1980. I was FORCED to take out insurance against sickness and unemployment. I took out an extra £10,000 mortgage in 2000 when I moved house (again with the Woolwich). I kept up ALL my repayments so the insurance wasn't needed. Sadly I don't have any of my paper work as I have moved home again since then and repaid ALL of my mortgage. Woolwich was bought out by Barclays Bank around 2006. Is there a possibility that I could be successful if I made claims?
Thank you for reading this.

bemaking

I'll re-approach the bank and then the ombudsman.


And no worries I shall be less belligerent with my enquiries to them. Just allowing my frustration and disappointment to come out a bit on the boards. Good therapy before writing the letter actual!


Still can't get my head around timer starting from trying to contact rather than actual contact but that's why I'm here.. to ask those more knowledgeable than me.


Thanks to all for advice.


I'd also be grateful if anyone who's found themselves in this 'grey area' was able to report on the outcome. I've browsed the boards but not found anything similar yet.


Thanks again all.

-taff

Just because you didn't get sick or made redundant are not good reasons for complaint.
That would be like me trying to say I didn't need life insurance because I'm immortal.

Dunston will be along with more advice shortly.

[Deleted User]

rutmar wrote: »

I was FORCED to take out insurance

Since I'm certain they didn't hold a gun to your head, I don't see how you can have been "forced" to do anything.

rutmar wrote: »

I kept up ALL my repayments so the insurance wasn't needed.

That's like demanding a refund of Life Insurance because you haven't died or Home Contents Insurance because you haven't been burgled.
Insurance is there in case you suffer a claimable event and is not refundable simply because you haven't had to claim.

rutmar wrote: »

Is there a possibility that I could be successful if I made claims?

Not by giving the reasons you gave here. It's a complaint, not a "claim".

dunstonh

I secured a 25 year mortgage thru Woolwich Building Society in October 1980. I was FORCED to take out insurance against sickness and unemployment.

Are you sure? MPPI was a mid 80s invention and didnt become mainstream until the very late 80s.

In 1980, the only things that were normally mandated were life assurance and MIG.

Is there a possibility that I could be successful if I made claims?
Thank you for reading this.

8 years prior to full regulation. (25 years prior to insurance regulation)
MPPI sees most complaints rejected anyway.
12 years after the loan was repaid
Possibly not even MPPI.
Insurance may not have even been done by the Woolwich (many building societies before 1988 used a local broker firm in the town. Often getting the agent to see you in their office).

Who was the insurance company for the monthly direct debit you were paying for this?

[Deleted User]

bemaking wrote: »

Still can't get my head around timer starting from trying to contact rather than actual contact but that's why I'm here.. to ask those more knowledgeable than me.

They can only write to the last address you provided. It would be different if they had written to that address after you had updated them.

Be aware that even letters sent to the correct address might not reach the recipient, but the time bar would still apply.

bemaking wrote: »

I'd also be grateful if anyone who's found themselves in this 'grey area' was able to report on the outcome.

Only one poster described it as a "grey" area. To me, it's very cut and dried. However, if you approach the Bank with courtesy rather than an apparent sense of entitlement, they MAY agree to consider your complaint.

A point to note is that, even if they agree to ignore the time-bar, your complaint may still be rejected. What complaint reasons did you give?

Chris_Blackman

I was sold a Scottish Widows Home Purchase Plan, which was like an endowment policy mortgage but not quite. It was some kind of unit trust plan. I was sold it on the basis that I would not need a separate payment protection policy as it was included and was told that it would be a really good investment as it would pay off my mortgage and give me a big lump sum too. It didn't. In fact it didn't even pay off the mortgage. I believe I was miss sold. Is this PPI miss selling? It certainly included PPI in one form or another. What should I do?