Rbs not paying out?

nat2186

Hello, can someone please help? I have a RBS credit card which I got in 2003. I realised last October that I had PPI on this and phoned and cancelled. I have since applied to have this refunded as I feel I was mis sold this, in fact I have no recollection of asking for this and I am 100% positive if I had been asked I would have said No as I have not got it with anything else I have and at the time had a secure job with good sickness, redundancy and death benefit. So RBS replied yesterday refusing to pay back payments along with a copy of the application form that was used to apply for the credit card. They state that the form was completed by myself at home and sent into them requiring PPI. This is untrue as the form isnt in my handwriting which makes me think it was completed in the Branch by staff on my behalf then I have signed for it as they have put the wrong date of birth in and spelt my first name incorrectly, which, I obviously would know. Also, on the form the section for PPI only says please tick if you require to take this out. It doesn't have a Yes and No box, therefore this could have been ticked at any time even after I had signed it, which I believe is what has happened. Do you think I still have any hope of getting this back? I appreciate your thoughts.

di3004

nat2186 wrote: »

Hello, can someone please help? I have a RBS credit card which I got in 2003. I realised last October that I had PPI on this and phoned and cancelled. I have since applied to have this refunded as I feel I was mis sold this, in fact I have no recollection of asking for this and I am 100% positive if I had been asked I would have said No as I have not got it with anything else I have and at the time had a secure job with good sickness, redundancy and death benefit. So RBS replied yesterday refusing to pay back payments along with a copy of the application form that was used to apply for the credit card. They state that the form was completed by myself at home and sent into them requiring PPI. This is untrue as the form isnt in my handwriting which makes me think it was completed in the Branch by staff on my behalf then I have signed for it as they have put the wrong date of birth in and spelt my first name incorrectly, which, I obviously would know. Also, on the form the section for PPI only says please tick if you require to take this out. It doesn't have a Yes and No box, therefore this could have been ticked at any time even after I had signed it, which I believe is what has happened. Do you think I still have any hope of getting this back? I appreciate your thoughts.

Hi & welcome

Write back and tell them you disagree with their decision, and you feel they have overlooked your complaint.
Make it clear that the handwriting is not that of yours and if you have to - you will find ways of coming to the bottom of this to get this proven. (it may make them think)!
Whatever further information you can give, write in a letter and ask them to reconsider, tell them you believe you have grounds to make a reclaim with your reasons and your asking they review your complaint by 14 days, make it clear if you hear nothing by then you will consider taking it further.

You can then complain to the FOS.
Did they enclose details of the Financial ombudsman service (FOS) - leaflet?
They should confirm if final or not with details of the FOS, but there is no harm in asking them to relook into it by 14 days, if nothing changes then move on to the FOS.

Hope this helps, good luck.

magpiecottage

nat2186 wrote: »

Hello, can someone please help? I have a RBS credit card which I got in 2003. I realised last October that I had PPI on this and phoned and cancelled. I have since applied to have this refunded as I feel I was mis sold this, in fact I have no recollection of asking for this and I am 100% positive if I had been asked I would have said No[

So why did you not question it before? After all, it would have shown on your statements each month for eight years or so.

I have and at the time had a secure job with good sickness, redundancy and death benefit.

There are plenty of unemployed people who thought their job was secure and nobody gets redundancy insurance from their employer because if they do not intend to make you redundant it is a waste of money buying it for you and if they do then you would be uninsurable.

I also see lots of people claiming they have "good sickness" benefits but they do not actually know what they are.

PPI does not necessarily cover death and in any case, who it is paid to is normally at the discretion of the scheme trustees and cannot be relied on.

So RBS replied yesterday refusing to pay back payments along with a copy of the application form that was used to apply for the credit card. They state that the form was completed by myself at home and sent into them requiring PPI. This is untrue as the form isnt in my handwriting which makes me think it was completed in the Branch by staff on my behalf then I have signed for it as they have put the wrong date of birth in and spelt my first name incorrectly, which, I obviously would know.

But you signed it so presumably you read, understood and accepted it first.

Also, on the form the section for PPI only says please tick if you require to take this out. It doesn't have a Yes and No box, therefore this could have been ticked at any time even after I had signed it, which I believe is what has happened.

But you have no evidence to corroborate that assertion.

dunstonh

I am 100% positive if I had been asked I would have said No as I have not got it with anything else

So why did you pay it for over 8 years. That is over 96 statements with it appearing.

I have and at the time had a secure job with good sickness, redundancy and death benefit.

Not grounds for complaint as plenty of people have secure jobs until they are made redundant.

This is untrue as the form isnt in my handwriting which makes me think it was completed in the Branch by staff on my behalf then I have signed for it as they have put the wrong date of birth in and spelt my first name incorrectly, which, I obviously would know.

Doesnt prove anything. Many applications are part completed or even fully completed for you to sign.

Also, on the form the section for PPI only says please tick if you require to take this out. It doesn't have a Yes and No box, therefore this could have been ticked at any time even after I had signed it, which I believe is what has happened.

It doesnt need a yes/no box. Also, if it was ticked afterwards then surely you would have complained after the first month you paid the premium. Not nearly 100 payments later?

Do you think I still have any hope of getting this back?

Your case is weak and there is inconsistency. Someone as adamant as you are wouldn't take nearly 100 months of seeing a payment they didn't agree to before making a complaint about it. Attempts to churn out multiple reasons sounds more like you are searching for reasons to get redress rather than having a genuine complaint.

ALIBOBSY

Just a little note the FOS have made it clear that just because PPI appeared on monthly statements and was not challenged DOES NOT automatically mean it was not miss sold.

The fact is PPI was on mass pushed and miss sold by ALL financial bodies. Having spoken to friends and aquantances as well as chatting online it is clear most people were led to believe that PPI was automatically added to accounts and was something you had to pay like interest. The reality is as per normal it was all in the small print.

Whilst Maggie and Duns can and do give great advice on here and I am sure are very good at their jobs, I have found they seem to have "a foot in both camps" and seem to take a view that is much more on the banks side than the FOS and other forums take.

I would say have a good look around on other forums about reclaiming PPI as well as get info from here and TBH until the ombudsman says no its worth pursuing.

Ali x

dunstonh

Whilst Maggie and Duns can and do give great advice on here and I am sure are very good at their jobs, I have found they seem to have "a foot in both camps" and seem to take a view that is much more on the banks side than the FOS and other forums take.

The number of complaints the FOS uphold has fallen from 92% to 68%. There is downward trend on uphold rates at the FOS.

I think what you will find is that with most loan PPI cases we go with the consumer. Credit card is much harder to call one way or the other and with mortgages, we are more likely to go with the seller mainly as MPPI has lower volumes of complaints upheld and its easier to call the outcome. (notwithstanding auto pay outs from certain banks which can see a complaint with no valid reason still succeed). Also, with MPPI, far more was put in place under an advice process and not a sales process. So, assuming it was set up correct, there was a financial need and you were eligible, then you would not expect an MPPI complaint to succeed.

Also, we tend to reply to threads where people are perhaps more unclear on their reasons for complaint rather than those who have a clear cut complaint reason.

Just a little note the FOS have made it clear that just because PPI appeared on monthly statements and was not challenged DOES NOT automatically mean it was not miss sold.

It doesnt but it eliminates a major reason for successful complaints.