PPi Claim rejected by FSCS but why??? Help please

ladyasmo

So i had a loan with welcome which is all paid off now. I was sent a letter stating I was entitled to claim PPI through FSCS (As welcome were in default). I filled in the forms and sent it away, but now I have recieved a letter saying my claim is rejected! This was there response:

'blah blah we regret to inform you.. because your response to question d2 indicated that because of your employment, it placed you in a position where you would be expected to make an informed decision before making your purchase of PPI. we do not therefore accept your submissions of mis-selling in this instance.'

So on the form it asked if you worked selling PPi, i did work for an insurance company where people could purchase PPi, so i was well aware of it, and i stated this on my form.

However when I took out the loan, i specifically said NO to PPI. I took the loan out in person. It definitely was not on the form i signed. However i did top up my loan (again face to face) a year or so later, and I wasn't asked about PPI so I'm assuming this is when the little !!!!!!s added it on. It also explains why I feel i made more payments to welcome than I was expecting.

So my question is, regardless of my job, if i specifically told them NO i did not want PPI yet they still charged me it, surely that counts as it being mis sold?

I want to send off a letter disputing their outcome today but wanted to get my facts correct first!

Thanks all!

dunstonh

because your response to question d2 indicated that because of your employment, it placed you in a position where you would be expected to make an informed decision before making your purchase of PPI.

This could be a couple of things.
1 - your IQ is considered to be high enough to make informed decisions
2 - your occupation is one where you should be able to tell.

So on the form it asked if you worked selling PPi, i did work for an insurance company where people could purchase PPi, so i was well aware of it, and i stated this on my form.

So, that indicates that you know the product and in a position to decide for yourself.

So my question is, regardless of my job, if i specifically told them NO i did not want PPI yet they still charged me it, surely that counts as it being mis sold?

No. Sometimes it is added post application if they "sell" it to you. Also, lets be honest about this, you knew it was on there from the first day. So, if you were not happy it had been added without your consent you would have complained straight away. You didn't. So, your story lacks credibility.

In complaints where evidence is unclear and a balance of probability has to be applied, then credibility is key. This is why people are told to never lie, guess or assume on a complaint because if caught telling lies or giving incorrect information then it reduces your credibility which can damage you on balance of probability decisions.

It looks like in your case they following have gone against you with regards to credibility.
1 - you worked for the insurer and knew about PPI
2 - you didnt complain when the event happened.

What do you have to counter that?

ladyasmo

Excuse me? Are you actually calling me a liar about it?! I came for advice not to be called a liar.

As I said above, having known what PPI was (and how difficult it was to ever claim) I would never have taken out PPI. I said no to the guy in the office. I checked it wasn't on my paperwork, yet apparently I still paid for it. So it was added without my consent.

[Deleted User]

ladyasmo wrote: »

Excuse me? Are you actually calling me a liar about it?! I came for advice not to be called a liar.

No, I think he simply said your story lacks credibility. It's obvious the FSCS think similarly.
Sorry to be blunt.

antrobus

ladyasmo wrote: »

Excuse me? Are you actually calling me a liar about it?! I came for advice not to be called a liar.

No, he's saying that "you didnt complain when the event happened".

ladyasmo wrote: »

As I said above, having known what PPI was (and how difficult it was to ever claim) I would never have taken out PPI. I said no to the guy in the office. I checked it wasn't on my paperwork, yet apparently I still paid for it. So it was added without my consent.

So you 'should' have noticed that PPI was included in your first repayment because it would have been greater than the figure included in your paperwork. Or at least that is the way the FSCS is looking at it.

ladyasmo

Then i am confused, because my payment amounts were the same as what was agreed in the office....

dunstonh

Excuse me? Are you actually calling me a liar about it?! I came for advice not to be called a liar.

Is that how you have communicated with the FSCS? If so, is it any wonder why you were rejected.

You asked why they have likely responded as they have and I have given you what I believe their reasons are. They are never going to call you a liar but if you want to call a spade a spade then you lack credibility and on the balance of probability it does look like you are trying it on.

As I said above, having known what PPI was (and how difficult it was to ever claim) I would never have taken out PPI.

And as I said above, as you knew the product and if it was added without your permission as you claim then you would have complained straight away. You didnt. That damages your credibility.

I checked it wasn't on my paperwork, yet apparently I still paid for it. So it was added without my consent.

That lacks credibility as well. it appears on the agreement and the monthly loan repayment would have been higher as it covers the cost of the premium. If it was added without your knowledge then the fact the monthly cost was higher would have at least caused you to look as why. If you have made the point of being aware of PPI and how it works then the same has to be said of how the loan set up goes as well.

This is not about judging you. It is about looking at it in the same way a complaints handler would look at it. The FSCS has the worst job in complaints handling as it often has to make decisions without evidence and relies on credibility. It wont always get it right but surely you yourself must recognise the weaknesses in your complaint.

ladyasmo

I don't see weaknesses in my complaint. To put it simply I said no to PPI. I was not aware that I was paying PPI. If I was aware I was paying it I would have complained and asked for it to be removed.

I was only aware that I had paid PPI when I received the letter from FSCS saying I had paid it and was entitled to claim it back.

[Deleted User]

ladyasmo wrote: »

I want to send off a letter disputing their outcome today

As others have said, you'll have to convince them that despite being more than fully aware of PPI, you somehow allowed Welcome to add this to your loan both without your knowledge and against your wishes.
By all means write and explain the circumstances, but I think it will be a VERY uphill battle for you.

dunstonh

I was only aware that I had paid PPI when I received the letter from FSCS saying I had paid it and was entitled to claim it back.

Couple of points on that one. The FSCS has reported some scams where companies claim to represent the FSCS tell people they can complain. They rarely are pro-active looking for complaints. Even if they did contact you directly, it would not have been to tell you that you were entitled to claim it back. It would have been to let you know that you can complain and they will look at it.

I don't see weaknesses in my complaint.

Yet everyone else posting can, as can the FSCS.

ladyasmo

I find it very unfair that I am being judged based on my post. Whilst I understand some of you are picking up flaws that the FSCS may pick up, I feel that most of the posts seem to be insinuating that I am lying or trying to scam people.

I took this loan out some time ago, i finished paying it off over a year ago. As far as I knew I had never paid PPi on anything ever, When I received this letter, I won't deny that I was pleased at the idea of getting some money back from this company. I filled out the form fairly and honestly yet they won't uphold the claim. Whereas If I had lied and said i didn't work in the industry they would have perhaps paid the claim.

With regards to the letter, i googled it when I got it as thought it was one of the scam companies, but I called the FSA and they confirmed that Welcome had gone into default and FSCS were being drafted in to settle claims, so the letter was genuine.

Anyway - I will be appealing their decisions. All I really wanted from people is advice on the definition of mis sold PPI. I.e if It was added without my knowledge then does it count as mis sold.