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Old PPI Claim

I am trying to reclaim PPI on a mortgage taken out from 1989 to 2000. The building society involved have just rung and said they don't have my point of sale documentation anymore and so I cant prove it was mis sold ! They have said that they don't need to keep any paperwork on an old mortgage after 6 years of it being terminated. However they seem to know a lot about the mortagage....including my monthly payments ??? So they must have some paperwork ! My argument is that if there is PPI on those payments then I did not ask for it....therefore it was put there without my consent. Can they just wash their hands of it that easy ??
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Comments

  • dunstonh
    dunstonh Posts: 121,294 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The building society involved have just rung and said they don't have my point of sale documentation anymore and so I cant prove it was mis sold !

    That is an expected outcome.
    They have said that they don't need to keep any paperwork on an old mortgage after 6 years of it being terminated.

    Correct.
    However they seem to know a lot about the mortagage....including my monthly payments ??

    I can imagine that would be the case. However, with standalone insurance bought prior to regulation there would be very little paperwork and it would not usually be retained with the mortgage.
    My argument is that if there is PPI on those payments then I did not ask for it....therefore it was put there without my consent.

    UK law puts the onus on the person making the allegation to provide the evidence. You had the mortgage for 11 years. That means you were paying PPI for 11 years. Or putting another way, 132 payments went out of your bank account. Yet you never raised it once. Someone making a complaint like years would be credible if its in the few months or even a year of the payments starting to appear on the statement. However, when you are complaining 24 years after the event. That does not make you at all credible.

    Did the building society confirm you had PPI or did they say they could find no documentation to see if you did? MPPI was unusual in the 1980s. That was the decade it was introduced but didnt tend to be targeted for sales until the early 90s. Typically, life assurance was the product people bought in the 80s. Was it perhaps life assurance that you had?
    Can they just wash their hands of it that easy ?

    With such a weak complaint and so many years after the event and no evidence to back your allegation up, yes they can. On the upside, most MPPI complaints do fail and the FOS reject the majority (compared to loan and credit card where they uphold the majority).
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • stitch13
    stitch13 Posts: 9 Forumite
    Thanks for your reply. I seem to have had a succession of financial accounts that have had PPI added to them without me knowing....and without it even showing up on any statements ! I have won back this 'invisible' PPI from 2 of my credit cards so far. The building society have confirmed that I had PPI on this old mortgage account....I didn't know....I didn't ask for it....I didn't know I was paying it....and yet they are disputing that I was missold. I wasn't SOLD at all....not ever was it mentioned. This money was taken from my bank account at a time when I was a single parent working 3 jobs to keep a roof over our heads...how is this right ??
  • dunstonh
    dunstonh Posts: 121,294 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I seem to have had a succession of financial accounts that have had PPI added to them without me knowing....and without it even showing up on any statements !

    Mortgage PPI is not hidden though.
    I have won back this 'invisible' PPI from 2 of my credit cards so far.

    Yet credit card PPI appears on each every statement it is charged. Not hidden.
    and yet they are disputing that I was missold. I wasn't SOLD at all....not ever was it mentioned.

    Provide them evidence to support your allegation then.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • stitch13
    stitch13 Posts: 9 Forumite
    Yet credit card PPI appears on each every statement it is charged. Not hidden.

    My mistake...I'm obviously wrong...the PPI on both cards were never shown...and I won it all back...but I must be wrong
  • roonaldo
    roonaldo Posts: 3,420 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 18 July 2013 at 8:21PM
    stitch13 wrote: »
    Yet credit card PPI appears on each every statement it is charged. Not hidden.

    My mistake...I'm obviously wrong...the PPI on both cards were never shown...and I won it all back...but I must be wrong

    PPI on credit cards is often mis-sold as the costs were rarely disclosed when you take out the card/ppi.

    But your post is about mortgage PPI, this is a different kettle of fish. Many expect mortgage ppi to be refunded just because they have credit card or single premium ppi refunded. Mortgage PPI is to protect you and your home and its still considered good advice to have mortgage PPI, basically as long as sold correctly there is nothing wrong with it.

    Also there wont be PPI on your mortgage payments, the building society would have sold you a monthly PPI and most are payable by DD (prob just a standing order back then)
  • stitch13
    stitch13 Posts: 9 Forumite
    Thanks. I'm sure it is a good thing to have PPI on your mortgage and I don't have a problem with PPI in general. But I DIDNT REQUEST IT NEED IT OR WANT IT !! That is my point ! If they had discussed it with me....and then I had decided for myself whether I wanted it....after being given all the facts...that would have been different. They just took it off me.
  • dunstonh
    dunstonh Posts: 121,294 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    My mistake...I'm obviously wrong...the PPI on both cards were never shown...and I won it all back...but I must be wrong

    If it never showed, how did the balance increase through it being paid?

    It either shows as a transaction in the normal list of transactions or separated out and shown next to the interest.
    But I DIDNT REQUEST IT NEED IT OR WANT IT !! That is my point !

    So, why didnt you cancel it when you started paying it?

    We are not being difficult here. Just highlighting the issues you have.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • stitch13
    stitch13 Posts: 9 Forumite
    So, why didnt you cancel it when you started paying it?

    That's my point ! I didn't know I WAS paying it because it was a HIDDEN PAYMENT ! I claimed half heartedly on the off chance that I might be due something... and lo and behold they confirmed that I actually had been paying PPI...all those years....I actually had NO IDEA....because we never discussed it...ever...THATS MY POINT !!
  • stitch13
    stitch13 Posts: 9 Forumite
    ...and please don't keep telling me that it is not hidden !....IT WAS A HIDDEN PAYMENT !
  • stitch13
    stitch13 Posts: 9 Forumite
    Jeeez...someone told me this was a supportive forum ! I have laid it out as it is....with all the facts. If these facts don't fit what you think should happen I am sorry. I will look elsewhere for advice.
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