Lloyds Claim upheld

haggis38

I today have received a letter from Lloyds regarding my credit card claim for PPI refund. They outline in the letter my telephone contact with them raising the complaint, and that they duly wrote to me acknowledging my complaint and that they enclosed a questionaire (there was NO questionaire sent) which I haven't bothered to return, therefore they have competed the review based on my inital contact! I called the PPI Customer relations who state that they have no record of sending out the questionaire and will get one out to me.

They say that I said that:-

1. I was led to believe when taking the policy it was a condition of the card
2. the policys exclusions and limitations were not discussed at the time of the sale

In relation to point 1, they state it has never been a requirement to take out a PPI policy in order for a card, and it would not have improved my chances of my application for a card being accepted, they also state that the sales documentation given at the time clearly demonstat=rtes that PPI was optional and states therefore I have not been mislead in anyway.

In relation to point 2, they state the documentation provided at point of sale and purchasing my policy, such as the terms and booklet, fully explained everything, therefore they feel the policy was adequately presented to me.

I took out the card and policy in 1994 yes many years ago!

Has anyone had a similar response and most imprtantly is worth going back to them, 1 to agrue the fact that I didn't get a questionaire as they have stated and also that I disagree with the response.

Sorry its so long winded, perhaps its time to approach one of those companies that do it for you?

Any help would be much appreciated. Thank you:(

[Deleted User]

haggis38 wrote: »

perhaps its time to approach one of those companies that do it for you?

You can't approach a CMC, because you've already complained. You can't start another complaint! A CMC would only ask you to fill in a form and post it for you, you still do all the "work"
What you can do FOR FREEis send a completed Ombudsman questionnaire to the Financial Ombudsman Service and outline why you think the Bank was wrong to reject your complaint;

http://www.financial-ombudsman.org.uk/

You have six months from the date of Bank's final response.

You could make a separate complaint about the questionnaire form not being sent out, if you want, but it's probably better to include this as one of the reasons you think your complaint was not upheld.

haggis38

Thanks for that, I just ticked the box on the form because it was something I thought I had to do, I had no idea what it really was and that it was going to cost me any money, how do I prove this, I have a copy of the application form, but have no idea if I took it out within a branch or at home?

[Deleted User]

haggis38 wrote: »

I just ticked the box on the form because it was something I thought I had to do, I had no idea what it really was and that it was going to cost me any money, how do I prove this, I have a copy of the application form, but have no idea if I took it out within a branch or at home?

You can't "prove" it, but the Bank (and FOS) will go on the balance of probabilities. Does it seem likely that you will have done this?
The bank obviously believe it isn't likely, the FOS may be more willing to take your side.
All you can do is fill out the form as completely and honestly as possible.

Good luck..

haggis38

Thanks, is it worth filling out the form ans sending it back to the bank and wait for the response before going to the FOS?

[Deleted User]

haggis38 wrote: »

Thanks, is it worth filling out the form ans sending it back to the bank and wait for the response before going to the FOS?

If you've already had your "full and final" response from them, there is little point in continuing dialogue with them which then eats into the time allowed to take it to FOS.
However, you COULD ask them to reconsider your complaint based on a fully completed questionnaire.
Your call.

haggis38

Thank you for your help, do you know anyone who has had success with a reclaim where they have filled out the form and ticked the box not knowing what it actaully was?

haggis38

Sorry meant to say the letter ends with the para - if you do not agree with my decision please contact us bla blah

[Deleted User]

haggis38 wrote: »

do you know anyone who has had success with a reclaim where they have filled out the form and ticked the box not knowing what it actaully was?

I don't think you can claim this as mis-selling, I'm afraid. You have to have genuine reasons to complain.

magpiecottage

Moneyineptitude wrote: »

I don't think you can claim this as mis-selling, I'm afraid. You have to have genuine reasons to complain.

You might be able to argue that it was misleading but simply ticking it without knowing is not quite the same thing.

I would need to look at the document itself before making a call on that. It is a battle you might win but it would be uphill.

haggis38

I can scan it in for you and send it to you private if that would help, just pm me, I also recall after filling the form going into my local brach to have the form checked and being told that this was the best thing? Thanks for your help anything positive at the moment is great, feeling really down about the whole thing.