LLoyds TSB - Credit Card PPI refused - help?

KKmatters

Hi

I wondered if someone here could help advise on the next steps to reclaiming Credit Card PPI......

I completed a FOS form and sent to Lloyds to reclaim my PPI - as a result I received a letter of acknowledgment and two phone calls querying

• a) Employment
• b) Medical history
• c) Point of sale?

The key points questioned were:

• a) Lloyds stated I was working at the time - My response 'No, I was unemployed claiming single parent benefit' .....Lloyds - 'But you were working earning a salary'. - My response No, I was a single parent and 'worked' casually/infrequently earning up to £15/week which followed DHSS legislation of a maximum of £15/week could be earned with no impact on your benefits and this was delcared to you upon application and didn't become employed status until 18 months after the credit card/ppi was issued'
• b) Lloyds - ' you claim you have medical conditions'... My response ' I was suffering secondary symptons which were being treated at the time of application but not officially diagnosed until after my CC application'
• c) No recollection other than the application was made in my local branch person to person - no recollection of PPI being explained to me!

My response arrived stating that they would not be upholding my complaint based on ....

• I had a pre existing medical condition but not one that would impact on the suitability of the policy
• Documentation provided at the point of sale explained the benefits/limitations and in their opinion the practical features were discussed at point of sale.
• They feel that the information was clear and not misleading and that I have benefited from successful claims on the policy

I wish to appeal against this as but wondered am I wasting my time???
I accept that the medical conditions were diagnosed 'after' but the main point is that I was unemployed at the time - I didn't directly apply for a credit card as in my circumstances I felt I wouldn't be accepted due to unemployment - it was their Customer Adviser who approached me in the branch and 'sold me a Credit Card' - the decision was instant and I was shocked to be accepted - I cannot remember anyone discussing the 'benefits' of PPI and why was it added when ... accident/sickness/unemployment claims wouldn't have been applicable in my situation?



I did claim on the policy following an operation as I decided to utilise it given that in 2008 when I tried to cancel the PPI (prior to my reclaim awareness) I was told to visit my local branch personally to cancel - I explained this wasn't possible as I worked and my local branch didn't open on a Saturday - the response was when you get a day off call in and cancel - I did this only to be told 'you have to make an appointment' - so the policy was left to run and subsequently used the following year after an operation - which after reading on this site I realise shouldn't make any difference as that any money previously claimed would be off-set against any settlement?

I now have the option to a) appeal directly to Lloyds or b) FOS - my question is - 'is there any point' or do I just accept this? I apologise for the epic - but wanted to make sure whoever reads/helps has full facts.... thank you

di3004

Hi there

Fight on!
Do not give up on this.

Write back, tell them you disagree with the decision they made, and believe they overlooked your complaint, because the point here is that you were "unemployed" and would not have been and was therefore not in the position to have put in a claim anyway.
Do mention if you were working below the average hours, for example 5 to 12 hours per week, as some will cover you for 16 or 18 hours plus.

As its a credit card ppi, they do tend to be a little more difficult, as they do tend to come back and say, well it would still have covered you for protection via life cover, hospitalisation, job solutions etc...
So you need to make it clear that, the policy was/is worthless to you, and you cannot see any point in paying for a policy that would not have fully protected you in the first place.


I would make it all clear now on a letter of the above, and also add, that if the adviser had explained the policy to you in the branch, then they would have taken into account of me being unemployed, which they didn't. So they failed you and did not sell the product in your best interest.

And anything else that applies.

Keep at them, they often change final decisions as well, if you can provide them with further information that applies to you.

Good luck.;)

KKmatters

Hi Di .....

Thank you for your response - sometimes I just need someone to gee me up - it's scary stuff tackling these people but I was so angry that my main point of being unemployed at the time seems to have been totally overlooked by Lloyds despite their phone call questioning the details!!! I am now going to draft a reply to tackle them and will quote your comment of ''product not in my best interest''.... thank you :T

dunstonh

on point c) - you cant prove what was or was not said. So, you normally expect rejection there.

on point b) - it is point of sale that matters. Not what happens after application.

on point a) - there is clearly a difference here. They will refer to their application form but you are telling them something different. Did you perhaps tell porkies on your application form? (not judging you but just trying to see why there is a difference)

KKmatters

dunstonh wrote: »

on point c) - you cant prove what was or was not said. So, you normally expect rejection there.

on point b) - it is point of sale that matters. Not what happens after application.

on point a) - there is clearly a difference here. They will refer to their application form but you are telling them something different. Did you perhaps tell porkies on your application form? (not judging you but just trying to see why there is a difference)

Hi dunstonh - thanks for your response - points a & b I can see maybe a problem - and tbh I didn't expect anything to come of the medical condition given the diagnosis was post application... however with regards to point c ... no I told the truth :A ... reason I know that is because when the customer services adviser contacted me to clarify she quoted the details and I basically explained the hours/payment I received even so she commented several times 'its still work' - I disputed this with her saying no I was unemployed my main source of income was solely benefits and my status was explained fully to the Adviser in the bank hence my surprise at being given a card in the first place and I didn't become 'employed' until 18 months later - my one concern as I sit here typing this is - could the Adviser have manipulated the details in order to 'sell the card' - given they approached me in the branch?

KKmatters

In case anyone else is having problems with LloydsTSB I urge you to contact them via telephone..... after appealing against their initial decision I sent my letter of appeal on 30th September.... on 9th November I phoned them and they advised they had never received my appeal letter and gave me an email address in which to send it to....which I did immediately. Contacted via phone again on 3rd January only to be told they have both letters the original and the emailed copy are both on their system but the customer adviser was puzzled why no response or acknowledgement had been made!!!!

My case has now been escalated and have been advised to wait for contact from them to explain - I only wished I'd called earlier! Given I only had 28 days in which to appeal this could easily have slipped through the net if I hadn't called them directly to chase

KKmatters

**UPDATE** - not sure if anyone else is in the same situation and appealing against Lloyds decision but after a phone call to them yesterday again I was advised that no timescales are being given for re-review of cases.

I spoke to FOS for further advice who advised that given my status was unemployed at the point of obtaining the card the PPI wouldn't have been applicable to me - they also advised that I need to register the case with them asap because I only have 6 months from the date lloyds refused to uphold my case in which to consult with FOS - so please be aware of timescales when fighting for your refund!

KKmatters

FINALLY....... after referring my case to FOS at the beginning of March I received a letter at the beginning of June advising me that Lloyds TSB would be upholding my PPI claim and that they will write to me directly with the offer within 12 weeks - this progressed a lot quicker than I thought and 4 months after registering my claim with FOS I received a result.... now to wait for Lloyds offer!

To all those in a similar situation - don't give up :-)

Maxers

HI

have you had a figure or payment off Lloyds yet?..

only asking as FOS upheld my complaint and have said LLoyds have 12 weeks to come back to me, just wondered if they are coming back with the 12 weeks ?

KKmatters

Hi ... sorry I missed this post.... yes I've received my money althought Lloyds weren't responding within the time period originally quoted and I instructed FOS to act on my behalf once they were involved things really moved.... Lloyds wrote to me in August confirming the amount and approximately 3 days later the money was in my current account.

Hope you managed to get your response and payment.