Desperate advice please re PPI claim

Sunshine64

Hi
I have taken advice from this web site and put in a claim for PPI. I took it out 12 years ago and it is still running. It is for £20 a month. I have kept it going as I was told that no mortgage company would allow us to have a mortgage without this protection etc. It was orgainised by an independant advisor and he arranged the Mortgage with Abbey National (now Santandar) and the PPI with Norwich Union (Now Aviva). I put the claim in to Aviva. After 10 weeks they have writen to say my claim is with Santandar as they (Aviva) didn't sell it to me. (They have taken the money though even when the policy isn't worth the paper it's written on). They said Santandar will propably say that the independant advisor is the one to claim off. We can't even remember his full name or his address. He may not even be alive or practicing any more? What now? If Santandar give me his details and he is not around is that the end to my claim? Should I cancel the policy or keep it running while I sort this out?
Any help will be greatly received.
Thanks
Julie

magpiecottage

Sunshine64 wrote: »

Hi
I have taken advice from this web site and put in a claim for PPI. I took it out 12 years ago and it is still running. It is for £20 a month.

So it was a monthly premium - that eliminates the main grounds for a PPI complaint.

I have kept it going as I was told that no mortgage company would allow us to have a mortgage without this protection etc.

That is not an allegation you are likely to be able to prove.

It was orgainised by an independant advisor

So that is who you should complain to.

I put the claim in to Aviva. After 10 weeks they have writen to say my claim is with Santandar as they (Aviva) didn't sell it to me.

No it is not Aviva's responsibility but nor is it Santander's - they may not even know the policy exists.

They have taken the money though even when the policy isn't worth the paper it's written on

They are not responsible for ensuring it is suitable for you.

And why do you say the policy is worthless? If you lost your income through illness or unemployment then without it you could find yourself on the street. How worthless is your home to you?

They said Santandar will propably say that the independant advisor is the one to claim off.

That is correct

We can't even remember his full name or his address. He may not even be alive or practicing any more?

So you can remember him telling you that had to have this policy and no lender would offer you a mortgage without it very clearly but you do not remember who he was or where he was based.

That presents a plausibiity gap for me.

What now? If Santandar give me his details and he is not around is that the end to my claim?

It probably won't make any difference. The sale of PPI was not regulated 12 years ago so FOS is unlikely to have jurisdiction. Even if it was you cannot demonstrate a missale.

Should I cancel the policy or keep it running while I sort this out?

That is your call. As I say, if you are willing to risk eviction if you lose your job or fall ill then perhaps it is of no value to you - but please do not then come back to use moaning that Santander is nasty if it comes to pass.

dunstonh

It was orgainised by an independant advisor and he arranged the Mortgage with Abbey National (now Santandar) and the PPI with Norwich Union (Now Aviva).

Excellent. All sounds good so far and no grounds for the complaint there.

I have kept it going as I was told that no mortgage company would allow us to have a mortgage without this protection etc.

what evidence do you have to support that allegation?

I put the claim in to Aviva. After 10 weeks they have writen to say my claim is with Santandar as they (Aviva) didn't sell it to me. (They have taken the money though even when the policy isn't worth the paper it's written on). They said Santandar will propably say that the independant advisor is the one to claim off.

Aviva have no liability for the advice you were given. Nor do Santander. The liability lies with the adviser and the adviser alone.

Why was it not worth the paper it was written on?

He may not even be alive or practicing any more? What now?

Doesnt really matter if he is or isnt. It is pre-regulation.

So you can remember him telling you that had to have this policy and no lender would offer you a mortgage without it very clearly but you do not remember who he was or where he was based.

That presents a plausibiity gap for me.

I was going to say exactly the same. The complaint would be an unprovable verbal allegation that relies on recollection but the OP cannot remember anything else. Totally unreliable and an easy rejection even if the IFA voluntarily agreed to review the complaint (and that doesnt happen).

Sunshine64

Hi
Thanks for your reply, a rather biased if you don't mind me saying so.
Firstly the policy is 10 years ago not 12 (my mistake) so from what I have read within the FSA's control. (I've looked into that).
Secondly, we could never forget the meeting with the adviser as he was a jovial, loud, liverpudlian who was very funny yet pushy when it came to selling us the policy. He said we couldn't have a mortgage without the PPI (from what I have read since, this is not true). He didn't tell us or give us a copy showing all the exclusions, which are several pages long (just got a copy after reading all the problems on this site).
We think we know his his full name but not sure. He had a small office in the town, but again, once everything was set up with Norwich union and Abbey, his details have been discarded over the years. We have been told by Aviva that as he sold the policy on behalf of Abbey, they should have a record of who sold it to them, but it's Aviva that should have these details surely?
If we all listened to your response above, then it doesn't seen anybody would have a claim! How can anybody prove what was said by the PPI seller, several years ago unless the conversation was recorded? (weak argument). Why are Barclays writing to people before they even make a claim for mis-sold PPI, to say they will be refunding the money paid on PPI policies? (I know this because my brother works for them) They are doing this beause they accept that with all the exclusions the policies are extremely poor. Have you actually read or seen the video on this site, regarding claiming back PPI? Everytime I turn the radio on, it's about claiming back PPI? If it would protect my mortgage or pay out if my back went etc, then yes, I agree, it would be worth keeping but even the video on this site states 'if you can't make a claim', end the policy anyway, and find one that can offer much better protection.

Julie

dunstonh

Thanks for your reply, a rather biased if you don't mind me saying so.

It isnt biased. Its factual based on the information you posted.

Firstly the policy is 10 years ago not 12 (my mistake) so from what I have read within the FSA's control. (I've looked into that).

Not if it was sold via most broker/IFAs. Regulation started in 2005.

He said we couldn't have a mortgage without the PPI (from what I have read since, this is not true).

Depends on how he positioned it. Many brokers require you to buy the insurance via them to offer "free" mortgage advice. They make their money on the insurance. That is allowed.

He didn't tell us or give us a copy showing all the exclusions, which are several pages long (just got a copy after reading all the problems on this site).

There is and never has been any requirement to do so. Only key facts need to be covered.

We think we know his his full name but not sure. He had a small office in the town, but again, once everything was set up with Norwich union and Abbey, his details have been discarded over the years. We have been told by Aviva that as he sold the policy on behalf of Abbey, they should have a record of who sold it to them, but it's Aviva that should have these details surely?

Aviva are incorrect. An independent does not pass any details on to the lender of any insurances held. An independent does also not do it on behalf of the lender. Only tied agents do that. Hence they are called tied agents and independents.

Aviva are correct in saying they have no details. They would just have received an application form in the post. That is all.

If we all listened to your response above, then it doesn't seen anybody would have a claim! How can anybody prove what was said by the PPI seller, several years ago unless the conversation was recorded? (weak argument).

That is why so few complaints get upheld on that basis. Most complaints are upheld for the following reasons:
1 - single premium and not monthly
2 - not eligible for cover
3 - no financial need for cover (i.e. overlap with other benefits
4 - bank auto paying out on amounts up to a certain limit.

Why are Barclays writing to people before they even make a claim for mis-sold PPI, to say they will be refunding the money paid on PPI policies? (I know this because my brother works for them)

Because the PPI issue is very much a bank issue in relation to non-advised sales. Yours was an IFA issue bought many years before regulation (banks cant use that reason). IFAs give advice. To give you an idea of the difference in scale, the UKs largest IFA network and compliance firm which has over 9000 advisers (there are 28000 in total in the UK) had just 11 complaints at the FOS in the last 6 months of last year.

They are doing this beause they accept that with all the exclusions the policies are extremely poor. Have you actually read or seen the video on this site, regarding claiming back PPI? Everytime I turn the radio on, it's about claiming back PPI?

You are mistaken. Its nothing to do with PPI itself. There is absolutely nothing wrong with having PPI. It is about how it was sold and set up that is the issue.

If it would protect my mortgage or pay out if my back went etc, then yes, I agree, it would be worth keeping but even the video on this site states 'if you can't make a claim', end the policy anyway, and find one that can offer much better protection.

Not grounds for complaint and you are wrong.