PPI Help Needed - should I pursure further?

furrylongtail

Hi there
Been an active user of the site for a while but first time posting so hoping some of you lovely people can assist me.

I currently have a few ongoing PPI complaints in with different companies and I'm not sure what to do with one of these in particular.

Basically, I have put in a case to the Co-Operative about a Northern Rock credit card taken out in 2001. The card had PPI on it which I believe I did not request. They have sent me a copy of the application form on which the box is ticked but I am adamant that this was not ticked by myself or my husband - however I'm not pursuing that argument further as I have no proof. The card was taken out after Northern Rock initiated contact with us as the product was marketed to mortgage customers (we had taken a mortgage out with them in the month previous to the card account being opened).

Is there any argument that by sending the forms to me, they were effectively making a recommendation and thus giving advice? I'm thinking not but wanting to check.

Also, is there any argument that by only offering PPI with the one company and not highlighting other options available they were not allowing us to make an informed decision?

Finally, after having read the terms and conditions of the PPI which they have provided to me, there is a section within those that states the following:

"All Cover under this Policy will end:
when you fail to pay any premium when it is due under this Policy"

Now I know for a fact that late payments were made on the account so I am thinking that they should have cancelled the PPI at that stage - I currently have a similar argument about another PPI policy with the Ombudsman (which they haven't dismissed and have gone back to MBNA about) so I'm thinking I should be able to pursue the same argument here. What do you all think? I'm thinking at the very least, we should be entitled to a refund of premiums paid after the first late payment on the account

Finally, I have two initial complaints in with MBNA and HBOS both of whom are not responding to my letters requesting they confirm whether PPI was on my accounts, despite me providing them with full information and chasing on several occasions - should I now be referring that to the Ombudsman to try and get a reply? Not sure what the rules are if I'm not sure whether I have a case or not yet. Is it someone else I speak to if I'm not getting replies?

Thanks in advance for reading and helping out

-taff

They don't have to tell you you can get cover elsewhere.
They didn't force you to fill out forms, actually because you filled out forms the sale wasn't a sale, you bought it. There could be mileage in claiming you felt it was advised due to the blurb on the application form if it said 'we strongly recommend' etc, but that's not a guarantee.

They don't have to respond to your letters unless you send them a SAR and £10, and even if they failed to comply on time to a SAR, the person you complain to then would be the ICO, not the FOS.

[Deleted User]

furrylongtail wrote: »

Is there any argument that by sending the forms to me, they were effectively making a recommendation and thus giving advice?

They sent you the application as an invitation to purchase their financial product -this hardly constitutes advice!
You really are clutching at straws with that one, I'm afraid.

furrylongtail wrote: »

is there any argument that by only offering PPI with the one company and not highlighting other options available they were not allowing us to make an informed decision?

In the same way Asda don't highlight the availability of their wares in other supermarkets, financial institutions are not obliged to point out such "other options".
Only an Independent Financial Adviser would provide you with such various options.

furrylongtail wrote: »

Now I know for a fact that late payments were made on the account so I am thinking that they should have cancelled the PPI at that stage

You certainly have some tenuous arguments. The T&Cs clearly state failure to pay will end the insurance-you were merely tardy in payment. The fact you eventually paid up meant your insurance continued. Only if you defaulted would your insurance have ended. I doubt your case currently with the Ombudsman has any legs either.

furrylongtail wrote: »

I have two initial complaints in with MBNA and HBOS both of whom are not responding to my letters requesting they confirm whether PPI was on my accounts

These are not "complaints" if they are simply requests for information. If you want this information, you have to send a Subject Access Request (at a cost of £10) to each Bank. If they fail to respond to these SAR letters then you complain to the ICO, not the Ombudsman;
http://ico.org.uk/for_organisations/data_protection/the_guide/principle_6/access_to_personal_data

You've certainly come up with a few unique mis-selling "complaints", I have to say.

furrylongtail

Thanks for your input

-taff wrote: »

They don't have to respond to your letters unless you send them a SAR and £10, and even if they failed to comply on time to a SAR, the person you complain to then would be the ICO, not the FOS.

What's the best way forward with this then? I have had some correspondence back from them - noteably asking me for further information which I replied to twice. I've had a telephone call with someone telling me they hadn't received those replies and asking me to email a copy to him which I did but have had no reply again and now when i email that address, I get a bounceback telling me that the mailbox is full so I am presuming nobody is looking at it. I know I had PPI on one of the cards but I need further detail from them before I can submit a formal complaint.

Does anybody have any thoughts on the clause from the Terms and Conditions?

[Deleted User]

-taff wrote: »

There could be mileage in claiming you felt it was advised due to the blurb on the application form if it said 'we strongly recommend' etc, but that's not a guarantee.

I've seen no reports of success with that line of complaint...

[Deleted User]

furrylongtail wrote: »

I know I had PPI on one of the cards but I need further detail from them before I can submit a formal complaint.

As above, in order to be certain that they send you details kept on file for you, a Subject Access Request (SAR) letter should be sent to each Bank along with a cheque for £10.
https://forums.moneysavingexpert.com/discussion/1475553

furrylongtail wrote: »

Does anybody have any thoughts on the clause from the Terms and Conditions?

Yes, you've mistaken tardy payments with a total failure to pay. Your insurance continued because you continued to pay (albeit later than the Bank requested).

furrylongtail

Moneyineptitude wrote: »

You've certainly come up with a few unique mis-selling "complaints", I have to say.

This may be the case - I am just wound up by the fact that I know we did not tick the box on the original form and it is clearly a different hand that has done so, so its very frustrating when you know you didn't want or need something. With the benefit of age and hindsight, I should have just cancelled it but I was young and not really in control of my finances at the time. I also tried to cancel on several occasions and was ignored but have no proof of that either. Its all just abit frustrating.

-taff

furrylongtail wrote: »

What's the best way forward with this then?

Send them SAR and £10 - there is a template in the sticky on the front page.
ive them as much in as you can, including past addresses, and products you had.
If they find nothing, your complaints are over.

-taff

Moneyineptitude wrote: »

I've seen no reports of success with that line of complaint...

number 2
http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi/PPI-case-studies.html

-taff

furrylongtail wrote: »

I am just wound up by the fact that I know we did not tick the box on the original form and it is clearly a different hand that has done so

This was a postal application then? Where you sent the form back, or did you take it in?
You can complain that you did not tick the form on a postal application if it really is clear someone else ticked it on receipt, there could be mileage in that, but the respnse to that would be that they later phoned you and you agreed to it.
And again, it's not a guarantee at all.

furrylongtail

-taff wrote: »

This was a postal application then? Where you sent the form back, or did you take it in?
You can complain that you did not tick the form on a postal application if it really is clear someone else ticked it on receipt, there could be mileage in that, but the respnse to that would be that they later phoned you and you agreed to it.
And again, it's not a guarantee at all.

Yes it was postal - they sent me a partially populated form in the post after we took out a mortgage with them. We thought, "wahey! free money!" as was our thinking at the time and signed it. I have spoken to the Ombudsman about the mileage in them having ticked the box, but they said I would have to have proof of that and me just saying it obviously isn't proof. Its very frustrating as you can even see that the writing at the top is in the same hand as the tick, but its my word against theirs. I asked for a colour copy of the form to see if that made it clearer but they tell me they don't have any.