Do I have a claim

dunstonh

calce1987 wrote: »

Banks and the ombudsman look at the likelihood that what you say is true, based on what different sales teams were typically saying at the time you got your loan – so not having proof shouldn’t bar you from getting your money back. - As stated by Martin Lewis himself

Martin is not FSA regulated and has never handled complaints or dealt with the FSA or FOS.

Not having proof does not bar you from making a complaint. However, if your complaint only consists of an allegation which is unprovable by you then you are totally reliant on a failing being identified by the firm (which may not be a failing in the area being complained about) or getting lucky with an auto payout decision. If there is no evidence on file at the firm to support the allegation and no other wrong doing and no auto payout threshold involved then a rejection would be the expected outcome.

magpiecottage

calce1987 wrote: »

There is no way of having evidence of your discussion with an adviser 12 years ago. It is the responibility of the selling agent to defend the claim, the burden of proof lies with them.

That is incorrect. A complaint will be dealt with on the basis that he who asserts must prove.

It is true that if the adviser said that PPI was a requirement of the loan then (s)he can be required to prove that it really was required.

But the OP has asserted that the adviser said it. So the burden of proof currently lies with the OP. Once the OP has proved that the statement was said, then the burden will shift - but not before.

If you were told that taking out the PPI would improve your chance of taking the loan (which is obviously incorrect) then you have cause for complaint.

Except that we do not know that it was not a condition of the loan although, as I say, the burden of proof would then fall on the adviser (or their firm).

Register your complaint with Coventry Building Society

A large proportion Coventry Building Society's mortgages were (and still are) arranged through independent brokers/advisers. So the Society would have no responsibility.

The other point to bear in mind is that even if you can prove misrepresentation that does not necessarily mean a complaint will be upheld. Obviously, a successful claim will damage your case (though not necessarily fatally) but it may also be possible to demonstrate that it is more likely than not that, had it been properly explained, including the possible consequences of losing your income without cover, you would have taken it anyway.