PPI Reclaiming Discussion Part 5

Roger-Jolly

Hi,
I hope I am in the right thread for my question to be answered.
I initially used the Claims Guys to investigate whether I had any PPI on any loans etc.
They eventually came back to me saying that me and my previous wife did have PPI on a mortgage loan.
As they advertise that you can process your claim yourself, even after they have found evidence of PPI, I told them I wanted to do this having heard of charges of 30% plus.
I wrote to the Halifax branch we had the mortgage through on 06th June 2017 explaining what I was doing and asked them for information on the mortgage account. As per recommended by MSE I enclosed a cheque for £10 to cover any admin fees. I also stated that I expected to hear back with-in 40 days as is obliged under the Data protection Act 1998 and if not I would seek redress from the Information Commissioner.
To-date, I have received no reply from Halifax.
Please can anyone advise on a next step and how to contact the Information Commissioner if appropriate.
Thank you.

Roger Jolly.

[Deleted User]

Roger-Jolly wrote: »

To-date, I have received no reply from Halifax.

The obvious course of action would be to contact Halifax and see if they have received your letter and, if so, what the delay in responding is due to. It's a little premature to be contacting ICO.
EDIT:
It's certain the Claims Guys have no special powers to "investigate" PPI, they merely represent complainants and charge a hefty fee for doing simply that. So do note that their enquiries will likely not have been as thorough as you seem to believe .

dunstonh

I wrote to the Halifax branch we had the mortgage through on 06th June 2017 explaining what I was doing and asked them for information on the mortgage account. As per recommended by MSE I enclosed a cheque for £10 to cover any admin fees. I also stated that I expected to hear back with-in 40 days as is obliged under the Data protection Act 1998 and if not I would seek redress from the Information Commissioner.
To-date, I have received no reply from Halifax.

Has the £10 cheque been presented to your bank account?
if they havent then its possible they havent received the request. Or if you sent it to the wrong address, it may have been passed around and not got to its correct location.

They eventually came back to me saying that me and my previous wife did have PPI on a mortgage loan.

Not sure why you needed to employ a company to do that. Most mortgage MPPI is standalone and paid as a separate direct debit. The Halifax TMPP has been that way since about the late 90s. So, its very easy to see.

Please can anyone advise on a next step and how to contact the Information Commissioner if appropriate.

The ICO expect you to do a little bit of chasing yourself. Going straight to the ICO is overkill. Speak to Halifax first. Although you could save yourself £10 by just asking them if you had PPI on your mortgage.

ijustwantasimplelife

Hello everyone.
not sure if I need to start a new thread but I am interested to see if anyone has claimed ppi refund on behalf of their elderly parents? I know they had loans in their 70s and am sure they would have taken ppi as they would think they HAD to. I don't have any info except I know it was Santander.
My father is still alive and could do with the money to help pay his care costs.
Any tips etc??
thanks

dunstonh

ijustwantasimplelife wrote: »

Hello everyone.
not sure if I need to start a new thread but I am interested to see if anyone has claimed ppi refund on behalf of their elderly parents? I know they had loans in their 70s and am sure they would have taken ppi as they would think they HAD to. I don't have any info except I know it was Santander.
My father is still alive and could do with the money to help pay his care costs.
Any tips etc??
thanks

It would be unusual for anyone over the age of 65 to be offered PPI. Theoretically possible but unlikely as you tend to find the maximum age tends to be around 60-65.

buddug18

Can anyone tell me what is the normal length of time to wait for the redress letter. I have had a complaint upheld and was told in the letter I would have a redress calculation within 28 days im now on day 49 I don't know what to do next. The company in question is very evasive about when I am going to receive it any ideas???

ferrieralan

Hi all,


For years I was certain that I hadn't had any PPI for loans or mortgages, but following the advice in on e of martin's email I filled in the online form that nationwide provide to check if you've ever held PPI with them. and to my surprise I got a letter back saying I'd held PPI for a mortgage with them from 2003.


So I made a claim through the resolver tool a month or so ago and got a reply back from Nationwide to say my claim had been rejected.


The primary reason I thought I was mis-sold was that I would've been covered through work (12 months paid in the event of being unable to work). and I can't recall asking for PPi cover as its never something I would think of taking out.


Anyway, here are some excerpts of their reply:


"the sale documentation confirms:
1. the cover was requested
2. eligibility to have the policy was checked and met
3. sufficient information was provided at the time to allow an informed decision to be made


since the sale, we've also sent additional information, so a self-assessment could be completed to decide whether the policy remained suitable. there is no evidence to suggest a successful claim could not have been made if needed."

"If the policy had been mis-sold, we'd look to put the customers back into the position they would've been in had the PPI not been taken out. A refund of premiums would've been offered as redress, however as you received a full refund of premiums paid to the policy, you haven't suffered any financial loss and no refund can be given."


I don't recall being given any refund?


"At the time of the sale you were employed by xxx and would've received 12 months salary in the event of being unable to work. this wouldn't have affected the ability to claim, as the PPI policy would've paid out in addition to any employee benefits available, subject to a valid claim."


my point here would be that I didn't need the policy so why would I ask for it???


I'm not sure what to do next and just wondered if anyone had experienced something similar and had any advice for next steps? or if I don't really have much hope of overturning their decision?


Cheers


Alan

TyRa

Hi dunstonh
Thanks for replying.
I sent the (edited) letter Martin put up for requesting a closed file and enclosed a £10 cheque.
When they replied with "we tried to call you, blah blah", I sent a follow up letter stating they were untruthful as I hadn't supplied a phone number. After the 40 days were up, I contacted the ICO (as Martin advised) but they took 5 months to come back with "we can't help you", all they could do was "advise" BH to comply with my request. The ICO also said I had to apply to BH via the CCA as the SAR wouldn't get me all the information I was asking for.
I am totally confused now because I read Martins post over and over to make sure I sent the correct request, but now I'm told it was wrong.


UPDATE: Just received my closed file. On checking through it, pages 2-5 of the Agreement Contract which contain the PPI information is missing! How strange!

dunstonh

I'm not sure what to do next and just wondered if anyone had experienced something similar and had any advice for next steps? or if I don't really have much hope of overturning their decision?

I typed a long response and the board timed out and it was lost. So, this one is much shorter.

The FOS reject complaints on MPPI where it is 12 months sick pay. So, that is not a viable complaint reason for long term secured loans as long as the MPPI premium is monthly (and not single premium).

Your recollection is not a viable reason for complaint either. This was 14 years ago. You are not expected to have decent recollection after so much time has gone. And with Nationwide MPPI being monthly premium, its hard to say you cant recall it when it would have been on your statement each month.

Nationwide are also saying that they check periodically that people still need the cover or not. Where people have said they didnt (sometimes happens after a mortgage has been repaid) they will refund the premiums from that point it was not needed. So, those people dont need to complain. That is probably standard text.

They are also confirming that nothing you have said suggests you were ineligible for the cover.

Most MPPi complaints are rejected. Your reasons are not viable and extremely weak. This outcome was to be expected and based solely on what you have typed (as we dont have access to documentation) you would expect the FOS to agree with them.

dunstonh

TyRa wrote: »

Hi dunstonh
Thanks for replying.
I sent the (edited) letter Martin put up for requesting a closed file and enclosed a £10 cheque.
When they replied with "we tried to call you, blah blah", I sent a follow up letter stating they were untruthful as I hadn't supplied a phone number. After the 40 days were up, I contacted the ICO (as Martin advised) but they took 5 months to come back with "we can't help you", all they could do was "advise" BH to comply with my request. The ICO also said I had to apply to BH via the CCA as the SAR wouldn't get me all the information I was asking for.
I am totally confused now because I read Martins post over and over to make sure I sent the correct request, but now I'm told it was wrong.

There does appear to be some confusion.

The CCA method only applies to open accounts or where debts are still outstanding. Once repaid or closed the CCA no longer applies. So, there is no point using that method.

The £10 DSAR method applies to all firms. it cannot be brushed off unless you sent the £10 with the wrong letter. e.g. sending a request asking for a copy of the agreement with £10. With a DSAR you do not ask for specific things. You get a copy of everything they hold on file for you.

Maybe the easiest thing is just to ask them if you had PPI and if they say yes, then you put in your complaint.

You do not need a copy of the agreement.