Halifax/Ombudsman PPI

Lisajh

Our case has gone to the Ombudsman who have thrown it out. In the letter they sent out they enclosed a copy of our mortgage application in which the 'insurance' section had a line through it. They also enclosed a separate insurance form that had been filled in (not by me or my partner), it wasn't dated nor had we signed it. Because of this unsigned insurance form the Ombudsman are stating that we were aware of the insurance and therefore on this basis are rejecting our claim. I know this may sound daft but I think we should still take it forward as we have never seen this unsigned insurance form. Are we wasting our time or should we pursue the claim? Any advice would be appreciated.

dunstonh

Because of this unsigned insurance form the Ombudsman are stating that we were aware of the insurance and therefore on this basis are rejecting our claim

There hasnt been a need for signed forms for many years. With monthly direct debits, posted cancellation rights and policy documents that arrive after the event, its hard to claim you didnt know about it.

I know this may sound daft but I think we should still take it forward as we have never seen this unsigned insurance form. Are we wasting our time or should we pursue the claim?

Who you are going to take it to?
How do you prove your allegation that you didnt know?
How many months or years did you pay before you raised it?

Lisajh

Dunstonh - thank you for replying.

This was back in 1999 and we had no idea about the insurance until all this PPI kicked off and we looked into it. We have been rejected by the ombudsman and have 2 weeks to appeal it. I always thought that the forms had to be signed. How can they do that? The mortgage form had the insurance section crossed out and then there was a separate insurance form that someone had filled in (not by either of us) I am not sure how I can prove it to be honest. We only had the mortgage for about 3/4 years before we sold the house and paid it off so the insurance was for the same amount of time. Is it worth pursuing it or should we just give up!!

dunstonh

This was back in 1999 and we had no idea about the insurance until all this PPI kicked off and we looked into it.

The problem is that you paid the premiums for what appears 3-4 years. Someone complaining early on, even without evidence, is highly credible. As time goes on, that credibility is lost and evidence starts to be needed. Look at it from the other side. You paid for 40 odd months but never raised it during that period. You cancelled it with the mortgage but never raised it then. However, 15 years later you are now complaining about it. There is no credibility there.

I always thought that the forms had to be signed. How can they do that?

No. That changed around that era. They dont need signed forms as the documentation is sent out in the post to verify what is set up. When was the last time you signed an application for house insurance or car insurance for example?

Is it worth pursuing it or should we just give up!!

MPPI is different to loan and credit card PPI. Most loan and credit card PPI complaints succeed. Most MPPI complaints are rejected. Today, MPPI is one of only two types of PPI still available. It is considered a more important product as it covers a major debt with lifestyle changing consequences if it goes unpaid. Unlike loans and credit cards.

If the firm reject and the ombudsman rejects then its game over. You could go to court but you incur costs and the onus is on you to prove a wrongdoing in law. PPI is largely a regulator issue. Not a legal one. There have been very few successes in court and there is the risk of costs.

[Deleted User]

Lisajh wrote: »

Is it worth pursuing it or should we just give up!!

It is very rare for an actual Ombudsman to over ride the decision of an adjudicator. There has to have been obvious mistakes by the adjudicator, which doesn't appear to be the case here.
You can appeal the initial decision as is your right, but all you appear to doing is wasting their time and yours. If you do appeal, expect to be waiting many months for a decision likely to go in the Bank's favour again.
As Dunstonh says, you could then go to court but that is just as likely to meet with failure and could end up costing you money too.

roonaldo

So you are saying you probably paid about 40 or so premiums before you noticed it? and that was 10 years ago or more. I think Halifax missed a trick not time barring your complaint.

Insider101

I'm with the majority here. If the decision has been made by an adjudicator then you can ask for it to be referred to an actual Ombudsman. However, it is quite rare that they will disagree and this probably isn't such a case. Personally I've lost count of the number of cases I have seen where people have sworn blind that they never knew about insurance which they had simply forgotten they took. Because PPI isn't something that most people actively seek to take then once the mortgage is set up and/or paid off its very easy to forget about it. However, it is a valuable cover with mortgages and as it is set up entirely separately from the mortgage itself, arguments that you didn't know you had it dont tend to cut much ice. It's like buying a car and claiming you didn't know you had insurance.