HSBC say no PPI but have no proof?

buel

Hi,
Just going through some letters I have and I see that one letter from HSBC in 2010 explains that due to the Data Protection Act they do not have details of the loans I have 16 years ago so can not provide me with the Loan Agreement forms but that I can take their letter as confirmation that I did not have any PPI with any of my loans.

I have another letter from them from July last year again saying that they cannot find any documentation for the loans I mention but then go on to say that 'Loan documentation is not required to commence a claim where you feel PPI has been mis sold'

Please can I ask how can they confirm that I did not have PPI but cannot find any Loan agreement forms due to the 6 year rule?

Stupid_Question

buel wrote: »

Hi,
Just going through some letters I have and I see that one letter from HSBC in 2010 explains that due to the Data Protection Act they do not have details of the loans I have 16 years ago so can not provide me with the Loan Agreement forms but that I can take their letter as confirmation that I did not have any PPI with any of my loans.

I have another letter from them from July last year again saying that they cannot find any documentation for the loans I mention but then go on to say that 'Loan documentation is not required to commence a claim where you feel PPI has been mis sold'

Please can I ask how can they confirm that I did not have PPI but cannot find any Loan agreement forms due to the 6 year rule?

They'll have a record of it in their systems, just not the agreement.

buel

So they can provide proof that I didn't have any PPI on any of the loans? (As I distinctly remember it being added)

Stupid_Question

buel wrote: »

So they can provide proof that I didn't have any PPI on any of the loans? (As I distinctly remember it being added)

The already have done, their letter to you saying you don't have PPI is enough, it's for you to prove otherwise.

If you want more detailed of a response submit a PPI complaint to them then they should respond with a letter rejecting your complaint as you had no PPI.

buel

Thank you for that. But surely if I do that, they reject it and I go to the ombudsman I will definitely lose as there is no proof?

[Deleted User]

buel wrote: »

So they can provide proof that I didn't have any PPI on any of the loans? (As I distinctly remember it being added)

They don't have to provide proof either way.

If you were to allege, for example, that they mis-sold PPI, the onus is on you as the complainant to have evidence to support your allegation.

buel wrote: »

Thank you for that. But surely if I do that, they reject it and I go to the ombudsman I will definitely lose as there is no proof?

Of course you'd "lose", since you didn't have PPI!:eek:

More than 50% of PPI "complaints" are from people who didn't actually have the insurance!

buel

No, I did. It's the proof that's missing.

magpiecottage

buel wrote: »

So they can provide proof that I didn't have any PPI on any of the loans? (As I distinctly remember it being added)

Can you provide proof you did not borrow £100,000 from me? (As I distinctly remember lending to you)

That may sound silly but it is the argument you are making.

buel

I understand. I just wanted to know if they can provide me with the proof, as they obviously have it, that I didn't have PPI.

[Deleted User]

buel wrote: »

I understand. I just wanted to know if they can provide me with the proof, as they obviously have it, that I didn't have PPI.

They are obliged to provide you with all they have kept on file for you for at least the last six years and (sometimes) more if you pay them £10 for a Subject Access Request.
There is an excellent template here;
https://forums.moneysavingexpert.com/discussion/1475553

Do remember that they don't have proof of you not having PPI at all, what they have is a set of records which show no PPI.

Also remember that they have no reason to lie one way or the other about PPI. If their records show you have had it they will tell you just as surely as if you didn't.

PPI isn't somehow wrong, it's how it was sold (or rather mis-sold) that is in question.

In my own experience, HSBC informed me about two loans with PPI that I had no recollection of having!

Stupid_Question

buel wrote: »

I understand. I just wanted to know if they can provide me with the proof, as they obviously have it, that I didn't have PPI.

They don't have to provide you with it so they are unlikely to have the facility in place too. If they did they would more than likely have sent it you already to save the cost and hassle of further correspondence.

Their information will be coming from something along the lines of an entry in a database stating:

Customer
Loan Type
Loan Amount
Total Amount Repayable
Payment Amount
Insurances
Status

This was nearly 20 years ago now, unless you find something in your own files contradicting the bank you'll have to give up.