rejection of ppi from nationwide help needed

daisymay2008

hello,

sorry if this has been done to death before but i need some advice...

i have had a rejection from nationwide on a loan from 2003, at the time i was a police officer living at home with parents, i couldn't be made redundant, i had life assurance and generous sick pay cover at work, i also had separate critical illness cover through standard life for 70k.....

in there letter nationwide state as follows...

''you also advised you had critical illness insurance, the ppi policy for the loan covered accident, sickness, and unemployment and was specific to the loan. Therefore whilst you may have had separate cover protecting you against critical illness, it did not provide like for like cover.

The loan and ppi policy were sold on a non-advised basis and no recommendation regarding ppi was made. As this sale was non-advised, we were under no obligation to undertake a personal or financial review. Therefore it was your responsibility to ensure the policy was right for you and suitable for your needs.

I can confirm a successful accident or sickness claim under this policy could have paid out for the life of the loan, or until you returned to work. The policy also protected you against redundancy for a maximum of 12 months in any one claim period, and would have paid the loan in the unfortunate event of death. I can also confirm that following a successful claim the policy would have paid out in addition to your employee benefits.....

I am satisfied that you were eligible for this policy and that you had ample opportunity to consider the policy for your needs''

now am I being thick here? I already told them i COULD NOT be made redundant and I had life assurance etc

my question is a) is this just them trying it on and some kind of standard brush off letter

b) do others think I have a good case?
c) is it worth going to the ombudsman? after all HSBC have already paid me out to the tune of £1800

also on a side note, during my early 20's i had a number of credit cards and loans, how is the best way to go about getting loan account numbers or credit card numbers if i can't remember all of them? can i just get a list of all my direct debits from my bank from the last 10 years? I also had car finance for a short while in 2008 but can't remember the company name?

any help and advice would be greatly appreciated

thanks in advance

magpiecottage

If no advice was given then the policy was purchased rather than sold and cannot therefore have been missold.

It may, or may not have been a mispurchase but that is the fault of the purchaser not the (non-existent) seller.

[Deleted User]

daisymay2008 wrote: »

The loan and ppi policy were sold on a non-advised basis and no recommendation regarding ppi was made. As this sale was non-advised, we were under no obligation to undertake a personal or financial review. Therefore it was your responsibility to ensure the policy was right for you and suitable for your needs.

Not to put too fine a point on this, but the quote above pretty much precludes you from making a mis-selling complaint. It's not the Bank's fault (in these circumstances)if you bought significant overlap of cover you already had.

daisymay2008

magpiecottage wrote: »

If no advice was given then the policy was purchased rather than sold and cannot therefore have been missold.

It may, or may not have been a mispurchase but that is the fault of the purchaser not the (non-existent) seller.

yes that is understandable however they are saying they didn't advise, how can they prove this as i am pretty sure that i wouldn't have opted for it if I had known about it due to all the existing cover/benefits i already in place through work etc

daisymay2008

Moneyineptitude wrote: »

Not to put too fine a point on this, but the quote above pretty much precludes you from making a mis-selling complaint. It's not the Bank's fault (in these circumstances)if you bought significant overlap of cover you already had.

again this is understandable however what if the advisor pushed it over the phone? to be honest I cannot remember for sure a phone conversation I had 9 years ago but can they? unless it was recorded obviously

dunstonh

yes that is understandable however they are saying they didn't advise, how can they prove this as i am pretty sure that i wouldn't have opted for it if I had known about it due to all the existing cover/benefits i already in place through work etc

It is very easy to prove. Financial advice is given by individuals that registered and authorised by the FSA. It requires the completion of a factfind, a needs analysis and the issue of a report. None of those will exist on a non-advice case.

again this is understandable however what if the advisor pushed it over the phone?

They say an adviser was not used. You are saying now that it may have been over the phone. But you cannot remember. in law, the onus is on you to prove. Unless you get lucky and they find something that shows you are right then you have to prove it. As a police officer [at the time] you will understand the importance of evidence and that without it, you are typically scuppered.

[Deleted User]

daisymay2008 wrote: »

again this is understandable however what if the advisor pushed it over the phone? to be honest I cannot remember for sure a phone conversation I had 9 years ago but can they? unless it was recorded obviously

If they state it was "not advised" this means that Bank staff were not involved in your purchase and that you must have purchased online or via a leaflet application form.
You can ask the Bank for copies of any such form or proof that you bought the policy via your computer.
Your only possible lifeline is that some online applications had the box for payment protection "pre-ticked" so that people had to opt out of the PPI rather than actively select it. The practice was stopped by all banks in 2007.

daisymay2008

Moneyineptitude wrote: »

If they state it was "not advised" this means that Bank staff were not involved in your purchase and that you must have purchased online or via a leaflet application form.
You can ask the Bank for copies of any such form or proof that you bought the policy via your computer.
Your only possible lifeline is that some online applications had the box for payment protection "pre-ticked" so that people had to opt out of the PPI rather than actively select it. The practice was stopped by all banks in 2007.

apologies for the misunderstanding, it was definately arranged over the phone in the first instance but i can't remember how the conversation went, obviously at some point i would also have had to sign the loan paperwork, it definately wasn't an internet or branch application that much I do know

[Deleted User]

daisymay2008 wrote: »

it was definately arranged over the phone in the first instance but i can't remember how the conversation went,

As I said, if they state it was "not advised" this means they think that Bank staff were not involved in your purchase.
You need to query this with them and, yes, they do routinely record telephone sales calls. They should be able to provide the transcript, if not the actual recording.

magpiecottage

daisymay2008 wrote: »

yes that is understandable however they are saying they didn't advise, how can they prove this as i am pretty sure that i wouldn't have opted for it if I had known about it due to all the existing cover/benefits i already in place through work etc

As a former police officer you will understand the principle of innocent until proven guilty, I presume.

That applies to criminal law. In civil law a similar principle applies: (s)he who asserts must prove.

The standard is "balance of probability", not "beyond all reasonable doubt" but the fact remains that it is for you to prove the did advise you not for them to attempt to prove they did not.

Do you have any evidence? If not then you do not seem to have a case.