Case Closed :(

peaty

Hi all,

We put in a claim to Halifax for 2 loans in february and rang up today for an update (and to let them know of a change of address) and they have told us that the case has been closed as we did not have PPI! They said they sent us a letter on the 7th of March - which we haven't received.
Now for the two loans I am sure we had PPI but I only have the original paperwork for one of them - this clearly shows that we had PPI on it.
Just wondering what our next step is?
Many thanks!

misschicken

Contact them again - send a copy of the original paperwork to them as proof of the PPI and proof that they have failed to investigate your complaint, give them 7 days to re-issue a final response and say you will be going to the FOS if they fail to do this. Remember to send it recorded. You could SAR them to try and get paperwork for the other loan too.

However remember it's not the fact you had PPI that's the issue, it's all about whether it was mis-sold or not.

di3004

Hi there

I agree with Misschicken.

Send in Copies only of the relevant proof, and ask them to review your complaint.

Good luck.

peaty

Thanks for that, we were definately mis-sold. Loans were front loaded and were told that we had to take it out as part of the loans. I was just a bit concerned as we only have the documentation for the second loan. I am really cross, because if I have paperwork showing the PPI surely they have something on file at their end???

di3004

peaty wrote: »

Thanks for that, we were definately mis-sold. Loans were front loaded and were told that we had to take it out as part of the loans. I was just a bit concerned as we only have the documentation for the second loan. I am really cross, because if I have paperwork showing the PPI surely they have something on file at their end???

Your welcome

Yes they should hold these details on file, mistakes can happen but still, some can be incompetant, so worth getting copies sent to them, they will soon sort it for you.

amersall

peaty wrote: »

Thanks for that, we were definately mis-sold. Loans were front loaded and were told that we had to take it out as part of the loans. I was just a bit concerned as we only have the documentation for the second loan. I am really cross, because if I have paperwork showing the PPI surely they have something on file at their end???

Was one of these loans used to repay the first one?, if this is the case when you send the copy of the agreement for the one that had PPI, ask them to investigate the loan that was paid off with this, the remaining PPI on the first one should show as being carried over to the next one less the rebate they gave you.

misschicken

Depends on how old it is - if it's over 6 years they genuinely might not have any records but that doesn't mean they should have said you categorically didn't have PPI, they should have said they no longer hold any records etc. If it was me I would deal with the loan you do have proof of PPI on with them and get them to reopen the complaint, also point out that based on this you can only presume their investigation is flawed regarding both loans, unless they can prove otherwise and also send an SAR to them to try and get the rest of your paperwork anyway. They may still just reject the mis-sale but you can definitely go to the FOS with it and you'll also have all available documents to hand as well.

peaty

They were two separate loans both taken out in 2004 and both finally just paid off!

misschicken

They should have records for those seeing as they've been active until now. Sometimes they don't seem to look further than what's on the computer screen in front of them.

Send in copies of what you do have as an example of their failure to investigate your complaint for both loans and proof that you did have PPI and see how they respond. Also ask for the records they were referring to which said you didn't have PPI on either of the loans, seeing as they're clearly in the wrong. Also ask for a copy of the rejection letter they said they sent on 7th March for your own records. Make it clear you will be referring this to the FOS if they fail to deal with your complaint. Hopefully they'll sit up and deal with it, if not you've got plenty of time to do an SAR if you need to and take it to the FOS - though it would be nice to avoid having to obviously just because of the extra time it'll take to sort out.

magpiecottage

misschicken wrote: »

Contact them again - send a copy of the original paperwork to them as proof of the PPI

Good move

and proof that they have failed to investigate your complaint

No its not - it is simply proof that you hold evidence which they do not.

give them 7 days to re-issue a final response and say you will be going to the FOS if they fail to do this.

Going to FOS so quickly would be cutting your nose off to spite your face. HBOS is upholding complaints where there is evidence of a policy because it is too busy to investigate them properly.

Go to FOS and it takes ages.

Remember to send it recorded.

No point - proof of posting is free from the post office and it will be accepted as evidence of delivery two working days later.

You could SAR them to try and get paperwork for the other loan too.

You will only get the results of the search they did when they received your original complaint - nothing.

However remember it's not the fact you had PPI that's the issue, it's all about whether it was mis-sold or not.

Correct.

misschicken

I disagree about the SAR. As an example HSBC insisted they didn't hold records prior to 2003 for one of my complaints and asked me to send them documents instead. An SAR produced two large data storage boxes from their archives with all records going back to the mid '90s, including all the specific records they said they didn't have when I first made the complaint and while they were investigating it. Ikano also insisted they had no records going back more than 6 years. An SAR produced records going back to 2000. It won't necessarily produce more records but it might.