Black Horse - advice greatly appreciated

KittyCash

Hi everyone,

I submitted a PPI claim to Black Horse on the grounds that it was made clear to me that I must take the PPI in order to secure the loan when I did not actually require the policy. I have had a rejection letter from Black Horse stating that they believe the policy was appropriate for me, that there is no evidence of mis-selling and that as I signed the questionnaire at the time of selling I have no grounds for my claim. As far as they are concerned, this is the end of the matter.

My question is do I now have to accept their decision? And if not, what can I do now? Do I need to refer to the FOS?

Thanks you for any replies - I'm a bit useless at this kind of thing...!

KC.

DrSqueeze

If you don't agree with their decision, you have a couple of choices.

1. You can write back to them, explaining why you feel they are wrong and asking them to reconsider.

Be as specific as possible in rejecting each of their conclusions. Pay particular attention to anything they can't actually prove, look out for phrases like "would have" and "normally" - those are weak points in their argument, where they are making assumptions.

I did this and, although it took a while, they agreed with me and offered a full refund.

2. You can contact the Ombudsman or FLA (Finance And Leasing Association). The letter from Black Horse should tell you which applies. (It depends on when the loan & PPI was taken out)

There's normally a 6 month time limit to do this, so if you did try the first option don't forget that this second one is only open for a limited time.

The key points you need to cover in either case is why you feel the policy was not appropriate for you. Have they provided a copy of the "questionnaire" so you can check what you signed and what information they asked for?

KittyCash

Hi,

Thanks for your reply. Unfortunately I seem to have made the massive error of letting this fall to the wayside due to ill health. My rejection letter from them is dated 28th November 2011 and I haven't been able to look into again until now. Does this means I have list my rights to query their decision both with them and the FOS?

They did provide me with a copy of the questionnaire which I have signed - it's there in black and white. So yes, I did sign and agree to the policy but it was 100% pushed on me - difficult to prove I know.

KC

DrSqueeze

Speak to the FOS, explain you have been unwell and ask for their advice. I understand that exceptions to the 6 month rule might be made in a few circumstances.

What kind of things does the questionnaire ask? (For example, does it ask about your employment, whether you have any means to repay the loan in the event of illness or redundancy etc).

If it shows they were asking the right questions, and your answers point to a need for some cover, they can argue that PPI was a valid choice - assuming you were eligible for the policy. It then becomes an argument over how 'pushy' the sales person was, which as you say is very hard to prove.

KittyCash

Hi again (and thank you very much for taking the time to help me),

I have just looked again at my rejection letter from Black Horse. The letter ends with a statement which says 'I appreciate this may not be the response you were hoping for, but I trust that this clarifies our position'. Nowhere in the letter does it mention that I have 6 months which which to take my compliant to the FOS.

Having looked on the FOS website, it says that complaints are time-limited: six months from the business sending the consumer a final response (which has to mention the six-month time limit).

So I'm thinking perhaps I should reply to this 'rejection' letter once more to see what they say - and I expect they will send me an absolute final response which mentions taking this to the FOS?

Any ideas?

Many, many thanks,

KC

DrSqueeze

KittyCash wrote: »

Hi again (and thank you very much for taking the time to help me)

My pleasure, happy to (try to) help.

I have just looked again at my rejection letter from Black Horse. The letter ends with a statement which says 'I appreciate this may not be the response you were hoping for, but I trust that this clarifies our position'. Nowhere in the letter does it mention that I have 6 months which which to take my compliant to the FOS.

That's a breach of the guidelines, which say that customers must be informed of their right to refer their complaint elsewhere. So, since you haven't had that, they can't argue about the 6 month rule.

So I'm thinking perhaps I should reply to this 'rejection' letter once more to see what they say - and I expect they will send me an absolute final response which mentions taking this to the FOS?

I would be inclined to do so, keeping copies of everything. In the letter, give them a deadline to respond (say, 28 days).

The reason I went back to Blackhorse first was due to how long cases can take to progress via the Ombudsman. Give them a few days to receive the letter, then chase up at regular intervals. I find their call centre staff friendly and helpful.

The most important thing you need is your grounds for rejecting their decision.

Have you read through the guide, it may be helpful.

http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

Cityboydal

Sorry to invade.
Plese may I ask how we should word the closing part of a response letter with regard to timescale before referring to FOS maybe mentioning Single Premium? I have to send out a letter today, so I would appreciate any help

DrSqueeze

Cityboydal wrote: »

Sorry to invade.
Plese may I ask how we should word the closing part of a response letter with regard to timescale before referring to FOS maybe mentioning Single Premium? I have to send out a letter today, so I would appreciate any help

I'm afraid I don't quite follow your question. Are you making a complaint yourself or replying to one from a customer?

If you're making the complaint, I'd use something like:

"I would appreciate a response from you within the next xx days, otherwise it may be necessary for me to refer my complaint to the Financial Ombudsman Service".

From a company replying to a complaint, I'd expect to see something like:

"In the event that you remain unhappy with our decision, you have the right to refer your complaint to the Financial Ombudsman Service within 6 months from the date of this letter. Their address is: xxxxxxx"

Cityboydal

If you're making the complaint, I'd use something like:

"I would appreciate a response from you within the next xx days, otherwise it may be necessary for me to refer my complaint to the Financial Ombudsman Service".

This is what I was after, sorry for being unclear. Many thanks!