Anglian Windows says I have NO PPI claim!

merlyne

Hi,
I was mis-sold PPI insurance through Anglian Windows on my double glazing, I was self-employed at the time but was advised to take out this insurance, the cost was £1118.36 a one off fee; back on 2nd March 2004.

I wrote to Anglian Windows explaining my case and their reply was as follows:-
I would advise you that the handling of PPI complaints has changed and, as the sale was conducted in March 2004 the following will now apply.

The sale of general insurance did not come under the remit of the Financial Services Authority until the 14th January 2005 and any sales prior to this date are known as pre-regulation; the regulations are not applied retrospectively. For any purchase of insurance prior to the 14th January2005, you were deemed to have chosen freely whether or not to choose to purchase the insurance.The sales representative did not have to assess your demands or needs; it was your decision whether the policy was suitable or necessary.

When arranging the finance and insurance a cooling off period is provided, giving you time to cancel should you not wish to proceed. Signing the credit agreement is taken as acceptance of the full terms and conditions. Considering the regulations that applied at the time I do not agree that the policy was mis-sold.

I would also advise you that prior to 14th January 2005, Anglian was not a member of the Association of British Insurers, the General Insurance Standards Council or the Finance & Leasing Association, and were not bound by their codes of practice.

Please note that as this loan was not secured on the property and is less than £25,000 , as confirmed by the enclosed credit agreement, the Financial Ombudsmen Service would not be able to consider the complaint as it would not fall under the Consumer Credit Act 1974 or the Morgage Code Arbitration Scheme. I would advise you that the insurer, Cardif Pinnacle, took responsibility for our sales at that time, so you may be able to refer the matter directly to them.

I must say I was disappointed by this response but what can I do if anything about this claim?

sun73

If this is Anglian's final response and you can't refer to FOS as it's pre-reg (January 2005), just fill in another ppi complaint form about Cardiff Pinnacle and send it to them with the documents. They might accept liability for the sale. Hope this helps.

dunstonh

I must say I was disappointed by this response but what can I do if anything about this claim?

It is technically correct. Insurance didn't become regulated until January 2005. Banks and some others have to consider earlier sales if they were a member of an earlier body but you tend to find the likes of car dealers, retailers offering credit and even mortgage advisers/IFAs were not. So, they can refuse to deal with complaints on pre 2005 sales.

What sun73 says is the only course of action left available to you. However, do be aware that it has a very low chance of success. It requires a combination of issues to exist that on occur in a tiny minority of cases. So, try it but don't get your hopes up. The fact Anglian are saying Pinnacle took responsibility is a positive.

magpiecottage

merlyne wrote: »

as this loan was not secured on the property and is less than £25,000 , as confirmed by the enclosed credit agreement, the Financial Ombudsmen Service would not be able to consider the complaint as it would not fall under the Consumer Credit Act 1974.

If it is less than £25,000 then it IS covered by the Consumer Credit Act 1974. However, consumer credit was not covered by FOS until 2007.

PPIRanger

Pinnacle are responsible for Anglian's actions at the time by virtue of an agency relationship. You should complain to them.

-taff

Which they were told in post #2?