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PPI Reclaiming Discussion Part 5

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Comments

  • dunstonh
    dunstonh Posts: 119,820 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I was saying I had company sick/redundancy pay so I didn't need the policy.

    On non-advised sales, that is not something they have to check unless it relates to eligibility. As long as their policy pays out in addition, its not a problem.
    I don't actually know if they would pay out or not
    a rejection would mean they would.
    Basically the things that this website and other websites say you should have been told when it is being sold to you, they didn't do that on my call and they haven't got the recording for me to be able to prove they didn't,

    The problem is that many of the so-called mis-sale reasons are unprovable and not many complaints get upheld on unprovable allegations. Yes, they are missales if they happened but if there is no evidence pointing to that, then it wont get upheld.
    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.
  • sio2017
    sio2017 Posts: 10 Forumite
    dunstonh wrote: »
    On non-advised sales, that is not something they have to check unless it relates to eligibility. As long as their policy pays out in addition, its not a problem.


    a rejection would mean they would.



    The problem is that many of the so-called mis-sale reasons are unprovable and not many complaints get upheld on unprovable allegations. Yes, they are missales if they happened but if there is no evidence pointing to that, then it wont get upheld.


    Thanks again for the reply. That is exactly the problem I am having as without a copy of that call it is extremely difficult to argue even if you know they didn't explain things. There are several reasons I believe I was mis-sold it as they didn't explain several things which this website says they must explain (as well as FCA, hundreds of threads and discussions on here). Things such as the costs of the policy and the additional interest it would attract, I've seen this on several sites but interest wasn't even mentioned to me at the time.. I was also not told of any cooling off period. A rejection does not necessarily mean that they would have paid out even if I had sick pay, if I have not been told what it covers and what it doesn't or details of the policy at the time then they have still failed to give me the relevant details that the websites state I must be given at the time it is sold. They can say they would still pay out, but it doesn't answer me not being told all the other things in my complaint and not being told any of it until now, whereas I was supposed to have been told things at the time. It also doesn't cover that I haven't been sent any paperwork following the call to show what the policy covers and doesn't. I was literally unaware I should have even received anything until I started this. It is very difficult to discuss properly without explaining everything that I stated in my complaint to them and everything they replied with, so I will leave it here and not make it any longer as it is going off point of the questions I had originally. Do you know where I can find the pages on here that tell you what letters to send and at what stage? If not then thanks anyway for replying
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 23 August 2017 at 1:24AM
    sio2017 wrote: »
    Do you know where I can find the pages on here that tell you what letters to send and at what stage? If not then thanks anyway for replying
    There are no specific "letters" to send at various stages of the complaint since each complaint is unique and personal to the individual complainant.

    Your particular complaint is now rejected.

    So,if you remain unhappy, refer your complaint to the Ombudsman.


    Your rejection letter will have included instructions on exactly how to do this..

    Deleting your original post has made the chances of any more useful responses specific to you very unlikely
  • sio2017
    sio2017 Posts: 10 Forumite
    edited 23 August 2017 at 1:36AM
    There are no "letters" to send at various stages of the complaint.

    Your complaint is now rejected.

    If you remain unhappy, refer your complaint to the Ombudsman. Your rejection letter will have included instructions on exactly how to do this..


    Thanks for the reply. Thanks for informing me my complaint is rejected and how to contact the ombudsman but I deleted the original story and have attempted to keep it to just asking for help to find the pages I have been asking about.
    The letters I was referring to along with the help pages do actually exist and I have just found one of the letters again. Quickly reading through the page it seems the letters I have referred to are also referred to as templates is some sections. One of the letters was about a request for the breakdown of costs of the ppi and interest and the signed credit agreement etc along with sending the £10 cheque, the next letter/template I remembered reading about is the ombudsman form you can complete when making the complaint to the company. There is loads of information about PPI and what to check for, things that should have been made aware of at the time (which I stated I was not made aware of and what started my claim on resolver system). These are the pages and letters/templates I mean. It also refers to templates underneath the resolver section on there. As a new user it will not allow me to post a link in my comment but the page is on moneysavingexpert under reclaim/ppi-loan-insurance. Just so you are aware incase any other new user or someone with similar questions comes along.


    My mistake was probably posting my story, and asking questions at the same and assuming as a new user that people would help to direct me to the relevant pages. What I really should have done is not post any of my story and just ask for help finding pages with the ppi step by step instructions on!
  • dunstonh
    dunstonh Posts: 119,820 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    There is loads of information about PPI and what to check for, things that should have been made aware of at the time (which I stated I was not made aware of and what started my claim on resolver system).

    If they say they produced it, then the onus is on you to show they did not. So, what evidence do you have to show they did not do this?

    Focusing on the wishy washy areas that rarely result in success is not a good use of your time. Focus on the areas where success is likely. Although, as they have already rejected your complaint, the FOS is the next step to carry those points through.
    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
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    sio2017 wrote: »
    Thanks for informing me my complaint is rejected and how to contact the ombudsman but I deleted the original story and have attempted to keep it to just asking for help to find the pages I have been asking about.
    You need to realise that the template letters are to help you AT THE OUTSET in creating a robust complaint which (hopefully) won't be rejected. You are asking about these templates as if they are for use at "later" stages, but once your complaint is rejected there is little point going back to the Bank requesting Agreements and SARs etc.

    Your only recourse now is to refer your complaint to the Ombudsman if you remain dissatisfied. They will arbitrate. In the meantime, don't waste time (and money) sending additional template letters which will not aid your cause in any way.
  • Borgie
    Borgie Posts: 109 Forumite
    I had 2 Loans with M & S one with PPI and I without




    They have confirmed this is correct. I have the account numbers but no paperwork - they say I definitely paid PPI but don't know how much as they are saying they have no paperwork either. (Not sure how they can confirm account number and that I had PPI but not know what I paid.)


    Anyway they say unless I can prove what I paid they wont take claim any further -its over 10 years ago and I have no paperwork.








    Am I stuffed?
  • sio2017
    sio2017 Posts: 10 Forumite
    Thanks for the reply again but I found the information page I was looking for with the links to other pages I needed. I thought it may have been clear that I am a new user and new to looking at the PPI processes etc, so apologies if it wasn't, but comments directing me to the pages would have been more useful than the demotivating and incorrect statements. I thought by posting on a thread created by an MSE official, I may get some help being directed to those pages or an answer from an official to direct me to them, rather than experienced users assuming information and saying what they think I can't do and basically telling me it's not worth trying to gather evidence for my claim. I thought this site was more encouraging than that. Just because you clearly know more than me about the process does not mean you know everything and the ins and outs of what has happened. I never actually said everything I had written to them, or everything they had replied to me with and I stated this earlier, so it is impossible for you to know. They did infact on the telephone call where I asked for evidence, give me an address to write in to request the info I wanted and to raise some points I raised on the call, and in their letter they invite me to send in further documentation that they may have not seen at the time. So yes, I can still correspond with them before it has to go to the ombudsman, as discussed directly with them, not with yourself. I did state that without knowing everything that has been said that it would be difficult to discuss and that I was just looking for direction to the help pages, but for some reason you have continued to try to keep telling me what you think I have to do as you clearly think you know better. It's really not helpful to a new user and really doesn't make me feel very welcome to site. You come across as if you work for one of these departments, trying to detract me from getting evidence to further my claim for when I do go to the ombudsman later etc, rather than trying to point me to the pages I asked about or even try to point to pages with similar stories of people etc. This seems the way in some of your comments I have seen to other people also. It is also starting to seem that you are trolling me and I've wasted a lot of time in this thread so I won't be replying to anymore of your comments, as I did say several posts ago this is way of track to what I was even asking
  • sio2017
    sio2017 Posts: 10 Forumite
    edited 24 August 2017 at 8:41AM
    You need to realise that the template letters are to help you AT THE OUTSET in creating a robust complaint which (hopefully) won't be rejected. You are asking about these templates as if they are for use at "later" stages, but once your complaint is rejected there is little point going back to the Bank requesting Agreements and SARs etc.

    Your only recourse now is to refer your complaint to the Ombudsman if you remain dissatisfied. They will arbitrate. In the meantime, don't waste time (and money) sending additional template letters which will not aid your cause in any way.


    Actually there is a very big point in doing the SAR and it is not waste of money. The point of it is to get copies of things that I do not already have, and things that I need to put together with my claim if I send it to the ombudsman. This is fairly standard and even I know that you need to gather as much info and evidence as possible. Again that it on the advice pages on this website and it actually says it on FCA and ombudsman pages I've read. It is only on this one thread that I have ever seen it being said that there is no point getting evidence to give to the ombudsman.

    (Text removed by MSE Forum Team)
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Borgie wrote: »
    (Not sure how they can confirm account number and that I had PPI but not know what I paid.)

    Because data is removed over time.
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