PPI Claim confusion, Help?

Wully

Hi, I will try to be as brief as possible but feel free to ask any questions that may come up as I have reached a bit of a dead and I think now. About 6 months ago a work colleague was telling ma about this fantastic company she had who had assisted her to reclaim PPI. I had been meaning to do something about this for a while but never got the time so I thought this recommendation sounded just waht I needed. This is where you will al cringe and so would I knowing what I now do, the company is Belmont Thornton and I have been dealing with them now for quite a while but don't seem to be getting anywhere. I have one claim for a Mortgage with Direct Line wher the term "PPI" was used on every statement i ever got from them, so I feel that's a dead cert but nothing much seems to be moving, I will E.Mail them again re this after making this post.
The other one is the main one I am on here about. I had another Mortgage with the Clydesdale Bank, starting about 1993 and running for about 4 years, then a kind of Upgraded one from the same supplier for another 3-4 years. I have no paperwork whasoever for these now but thought I might as well throw them into the mix. I got a letter in Feb this year saying they couldn't uphold my claim as there was no PPI attached to the account. I spoke to Belmont Thornton and they more or less said that ws it. In actual fact I think if I hadn't queried things they would have closed my entire account but they have now kept the Direct Line part active. Having read some of the stuff on this site I used the standard letter to try to get copies of my paperwork and thoughtI would have ago myself. I sent a £1 cheque but the response I got was this; THey said they couldn't do anything as the loan had been repaid in full and therefore there was no agreement in place under the CCA. They said that under the act subsection 3 staes that subsection 1 does not apply to "an agreement under which no sum is, or will or may become, payable by a debtor" and from this, which I don't understand in the slightest, they say they cannot pursue my claim any further and they kept my £1 and gave me no paperwork. What I am thinking but I am unclear about this is that over 7 years and with no paperwork I have no chance but perhaps one of you could advise differently? This was as I said a long shot so if have reached the end so be it. Thanks in advance

timmybear

Hi. With regards to the Direct Line part, I would be very careful how I went around telling that PPI payments had been printed on every statement, as the only 'dead cert' is that you clearly had eveidence you were paying for it.

Thus, it rules out a good few reasons as to why you may not be entitled to a refund of PPI. There seems to be a lot of confusion surrounding the reasons why people have been claiming back PPI fees, and as has been said here often, having PPI is not an offence and in many cases can be a good product to have.

It is a question of whether or not the PPI was 'miss sold' to you or not. What reasons did Belmont Thornton suggest that your PPI might have been miss sold?

Wully

OK point taken, this is the internet and perhaps I should have chosen my words more carefully. They didn't really suggest anything, I am a Local Authority Worker however in a job with a "Permanent contract" and so shouldn't really have needed PPI, also I was advised by Direct Line that PPI (not called this at the time) was advisable and fro memory they recommended I should take it out.

timmybear

Hi there, well others will advise you much more than I can, I'm just saying that there doesn't seem to be much room to claim for a miss sell, based on what you've said. Did you pay for the PPI monthly (i am guessing from what you said that you were doing so) or was it one large payment added to the loan? That can make a difference you see.

Thing is, with PPI claims, everyone is being encouraged to 'have a go' at claiming it back, and one argument is that its about time the banks gave something back. Its an opinion I personally don't disagree with in its entirety, but I'm also not so sure that the PPI reclaims is the way to go etc.

However, there seem to be a great many bizaree circumstances in which a 'miss sell' can be deemed to have occured, unlike anything else in life where it's far more black & white. For instance, did you know (or can you beleive) that people who've succesfully claimed money on a PPI policy (bearing in mind thats what they were there for - to protect you if your circumstances met the critera for a claim for redundancy etc) are now able to put in a claim for a so-called 'miss sell'?

It isnt just the banks who are feeling the brunt of this though, you only have to glance at some of the excellent messages from dunstonh and magpiecottage & so on to see that the whole PPI relclaim 'thing' is massively affecting a lot of innoncent people who work in this industry.

From what you have said -and from what I know- the best you could possibly hope for as a reason for a miss sell is that you didn't get (or take) the oppourtinuty to see if there was a 'better' or cheaper PPI product on the market. But as before, the true experts here will tell you a whole lot more.

[Deleted User]

Wully wrote: »

What I am thinking but I am unclear about this is that over 7 years and with no paperwork I have no chance but perhaps one of you could advise differently?

https://forums.moneysavingexpert.com/discussion/1475553

magpiecottage

Without seeing all the details of course, I would say the Direct Line complaint is probably defensible.

Firstly, it is possible that it was a condition of the particular loan deal (that was not uncommon in the 1990s).

Even if it was not, though, it sounds like a monthly premium policy, which rules out the most common reason to uphold.

Finally if you lost your earnings through illness or unemployment how would you have maintained the mortgage payments and avoid getting thrown out of your home?

Wully

Not sure about it being a condition, can't really remember what was said at the time, they seem to be looking into things and have asked for additional information but I haven't heard the outcome of this yet. Through work i get six months full pay then six months half pay, whih means I would have been Ok for at least a year. Assuming I was still able to work in some capacity it would need to have been another job or benefits therafter, lickily it never happened though. Local Authority workers have good conditions in rlation to this, or did at any rate and I know our trade unions etc have been recommending we look into claiming.
Thanks for the lonk above, do you think I should try this next?

Wully

I don't want to go down the route of the link if I really haven't got a chance, I thought my best bet was Direct Line but am I right in thinking you guys disagree?

timmybear

Well, why do you think the Direct Line PPI was miss sold? You don't really say, you see.

dunstonh

There is nothing wrong with having PPI. You say Direct Line gave you the choice rather than you being forced to have it. It was set up correctly as monthly premium (and not single). So, what exactly are you complaining about?

Wully

Cheers guys, really helpful.