PPI claim refused...confused!

bluebluemonkey

Hi, I have been using Stake your Claim to apply for a refund of any miss sold PPI I may have on my credit cards. I have had quite a few cards for a number of years and am now in a DMP through Payplan who put me in touch with Stake Your Claim. Anyway I really have no info and can't remember dates or what job I was doing when I applied for the cards. All I know is that I NEVER would have agreed to PPI as I worked in building societies and banks and knew how rubbish these policies are. It turns out my Lloyds credit card had PPI on it and they've refused to compensate as apparently I was made aware that it was there (I wasn't and all my cards were applied for online so I never spoke to an adviser). I called Stake Your Claim who told me the only thing I could do would be to appeal to the ombudsman. On reading the letter from Lloyds further it says if I was unhappy with their decision I could appeal it. Stake your claim have therefore cancelled this account with them and told me I'm basically on my own!! I have phoned Lloyds and they are going to review my claim when they receive a letter from me. Thing is I don't know what to put in the letter that will bring a good result as I can't remember any details from the time of application. Will it be enough for me to state that I at no time spoke to anyone and didn't have a clue that I had PPI? Please advise me as I don't want to mess this up but also don't want to say the wrong thing. I haven't got a copy of the original claim Stake Your Claim made and they won't send me one unless I pay them!

[Deleted User]

bluebluemonkey wrote: »

I called Stake Your Claim who told me the only thing I could do would be to appeal to the ombudsman.

This is correct.
Once a "full and final" response from the Bank has been issued there is no point "appealing" to the Bank unless you have new evidence not in your original complaint. All you have done by asking the bank to re-consider your complaint is to delay an inevitable FOS referral.

Also be aware that, even if your complaint is upheld, any redress awarded is likely to be offset against unpaid debt written off as part of your DMP.

bluebluemonkey

Thank you for taking the time to reply. I think it was a 'full and final' response letter but they are giving me 28 days to appeal. I have called back Stake Your Claim and asked them to continue with the Ombudsmen query but in the meantime I'm going to send a letter in just stating that I had no idea of the PPI and let them know the claim is being passed to the Ombudsmen. May not help but who knows? I also want them to take the amount of the debt if I get any back. Any money I get back at all will be used for clearing as much of my debt as I can.

dunstonh

in the meantime I'm going to send a letter in just stating that I had no idea of the PPI and let them know the claim is being passed to the Ombudsmen.

No point doing that.

1- you cant prove you didnt know you had it.
2- you may as well go straight to FOS to save time. The FOS do give firms a chance to settle without incurring the FOS fee. So, there is a possibility that they may change their mind at that point if the amount is low.

Hopefully your contract with Stake your claim will only invoice you on amounts you receive personally (cash in hand) and not on the full amount (which could include them keeping the money to offset unpaid debt). And make sure you get it in writing that stake your claim have cancelled their service. Claims companies have a habit of popping up later if you have success through your own work and demanding their cut (and their contract usually caters for that)

[Deleted User]

bluebluemonkey wrote: »

I'm going to send a letter in just stating that I had no idea of the PPI and let them know the claim is being passed to the Ombudsmen. May not help but who knows?

It won't help in any way. Just a waste of your time and stamps.

bluebluemonkey wrote: »

Any money I get back at all will be used for clearing as much of my debt as I can.

The problem is that off setting can lead to monies already written off (which you wouldn't have to pay) being part of the offset. You might win redress and not see a significant amount of reduction in your debt.

roonaldo

It's also a good thing the CMC ditched you, you shouldnt have gone with them in the first place. They will lose their fee if you win at FOS.

societys_child

bluebluemonkey wrote: »

I have called back Stake Your Claim and asked them to continue with the Ombudsmen query

Ohh Oh . . .

but in the meantime I'm going to send a letter in just stating that I had no idea of the PPI

That's awkward with a cc as (if you paid any) it would be itemised on the monthly statements. Are you going to say you never looked at them?

bluebluemonkey

It definitely wasn't itemised on any statements. I would never had willingly paid into a PPI policy. They stated in their decision letter that I would have been properly spoken to and advised and that DEFINATELY did not happen. I'm getting a bit fed up with the whole thing now and wish I hadn't started. I didn't think I had ever had PPI, it was only because Payplan recommended that I used Stake Your Claim to check even though I was adamant I didn't have it..... turns out I did and was completely unaware

dunstonh

It definitely wasn't itemised on any statements.

it is. Your balance is increased due the PPI payment. It is put on statements showing the entry that increases it.

hey stated in their decision letter that I would have been properly spoken to and advised and that DEFINATELY did not happen.

The evidence has to support your allegation of wrongdoing. Without evidence, UK law goes against the accuser as the onus is on the evidence to support the allegation. So, what evidence do you have to support your allegation?

[Deleted User]

bluebluemonkey wrote: »

It definitely wasn't itemised on any statements.

This is impossible.
The only occasions it doesn't appear on a separate line each month is when you pay off the balance. Clearly, your credit card often had a balance and so the PPI would have been shown.