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

2

Comments

  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
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    edited 15 March 2012 at 12:28PM
    Interesting that the FSCS takes this view.

    I recently saw FOS take the view that an IFA should have provided tax advice to a chartered accountant. (Although based on the competence of Mark Hoban MP who is also a chartered accountant they may have a point).

    My own view is that it really depends what you actually DO for the insurer.

    If the OP was one of the engine drivers at the insurer I think FSCS is probably right.

    If she was merely an oily rag then they are probably wrong.
  • dunstonh
    dunstonh Posts: 120,201 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    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.

    You are emotionally attached to your complaint. You are a bit like the woman that pulled out on me at the roundabout despite me already being on the roundabout and she was determined she was correct and that I should have given way to her. None of us here have that emotional attachment to your complaint and only have what you have told us. So, we can comment without emotion and tell you how we see it.
    I feel that most of the posts seem to be insinuating that I am lying or trying to scam people.

    No-one is saying you are. Just that it looks like you could be. Remember that firms are getting around 1/3rd to 1/2 of their complaints from try-it-ons. So, even if you are not trying it on. Plenty are and they do spoil it for those that dont.
    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.

    It is but it is a difficult one to prove. i.e. if you were one of the try-it-ons then you would say you didnt know. How do you prove you did or didnt know something. Hence why it seems to fall back on the balance of probability.
    My own view is that it really depends what you actually DO for the insurer. I would not necessarily expect the tea person to know.

    I wonder, only based on this thread, if the OP has made an overly strong point to the FSCS on how they know that PPI wasnt right for them and presented a level of knowledge about PPI that has actually damaged their complaint in the allegation that they didnt know (assuming they were perhaps the tea lady rather than someone actually involved with PPI).
    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.
  • ladyasmo
    ladyasmo Posts: 55 Forumite
    I agree that there is no way I can prove it. But surely If I was out to scam them I would have applied for PPI compensation through one of the dodgy companies years ago before i finished paying the loan, I never contacted them, they contacted me. I also filled in the claim form truthfully?! Its a no win situation, I told the truth and have been declined, but like you say I'm sure plenty of others won't have.

    I also suffer from a chronic illness of which there is no cure, so I would never have purchased PPI as due to the fact I worked around it and had knowledge, I know there is no way I would be covered?!

    I'm just going to write and appeal and see what they say
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    dunstonh wrote: »
    I wonder, only based on this thread, if the OP has made an overly strong point to the FSCS on how they know that PPI wasnt right for them and presented a level of knowledge about PPI that has actually damaged their complaint in the allegation that they didnt know (assuming they were perhaps the tea lady rather than someone actually involved with PPI).
    Indeed
    "A little knowledge is a dangerous thing"
  • dunstonh
    dunstonh Posts: 120,201 Forumite
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    Its a no win situation

    Exactly the position the FSCS are in. They have four truths to consider. What you say happened. What the firm says happened. What actually happened (which will not be the same as what you say or the firm say) and then how they interpret the evidence to believe what happened.
    I also suffer from a chronic illness of which there is no cure, so I would never have purchased PPI as due to the fact I worked around it and had knowledge, I know there is no way I would be covered?!

    Have you told the FSCS this? If it is a condition that invalidates the policy outright rather than just restrict it a little, then your case becomes stronger.
    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
    ladyasmo wrote: »

    I'm just going to write and appeal and see what they say
    Do let us know the outcome...
  • ladyasmo
    ladyasmo Posts: 55 Forumite
    Hello,

    So I had a welcome loan which i took out in 2004 (approx) In 2006 I increased the loan amount, and i finished paying loan off March 2011.

    A letter arrived in Decemeber from FSCS saying I had been mi sold PPI and to please complete the application form.

    So when I took the loan out I specifically said no to PPI. At the time I worked for an insurance company so knew all about PPI and all the ins and outs, so I was very confident I didn't want it.

    So FSCS wrote 2 weeks ago and said my claim had been denied as 'because i worked in an industry selling PPI I should have known better' (along those lines anyway).

    I wrote a letter of appeal on Monday and said they weren't getting the point of my complaint. - I specifically said no to PPI so they must have added it on without my knowledge or consent!!

    This morning I recieved a reply saying they still will not uphold my claim, however the letter gives some interesting information I didn't know before. The letter says

    'As no PPI was sold with the initial loan, only when it was re-written, we feel that you were fully aware you had purchased the insurance cover and were happy to accept the additional cost'

    This is interesting, so about a year into having the loan i increased the amount of the loan. I went into the office again to do the paperwork. Again, I specifically said no to the PPI. So it looks at though the wideboy I was dealing with added it anyway.

    I didn't question the amount I was paying as I had increased the loan by double and with their whopping interest rates the new amount didn't make me worried.

    I really want to appeal this now with the Ombudsman because I'm furious I was cheated out of this money. They are using the fact that I worked in insurance against me though, anyone know why this is?

    So does anyone have any tips on how I can make my next letter to the ombudsman get my points accross correctly?? I think the amount owed is around £2.5k, and as you may see from my other posts i'm currently in a very bad way financially so this money could really help me. It also gets my goat that my financial situation might not have been so bad the last few years if I wasn't unnecessarily paying out for exces insurance I didn't need!!

    Sorry for the long post - this is why i need help writing the letter!
  • amersall
    amersall Posts: 17,037 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Did you tell them about the medical condition as dunstonh advised you to do? if not then you need to use this as this may have precluded you from making a claim anyway, do not know if it will work but you could say that as you did not take the PPI on the first loan, why with the second one would you have taken this and do they have proof that you asked, wanted and needed this PPI, this may not work but you will not know until you try.
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    1,000 Posts Combo Breaker
    ladyasmo wrote: »
    I really want to appeal this now with the Ombudsman

    The Financial Ombudsman Service has no jurisdiction over the Financial Services Compensation Scheme, I'm afraid.
  • ladyasmo
    ladyasmo Posts: 55 Forumite
    Magpie - oh no.... I thought that the ombudsman was the last port of call for everything. So if that's the case then I have to keep fighting with Welcome?
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