PPI Help Needed - should I pursure further?

[Deleted User]

-taff wrote: »

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

The relevant part of that..

Financial_Ombudsman_website wrote:

We looked carefully at the wording of the application form - particularly the payment protection section - and the circumstances in which Mrs B received the form (including Mrs B's longstanding relationship with the financial business). And we were satisfied that it was reasonable for Mrs B to think that the financial business was providing her with advice about what she should do, even if that was not its intention.

We looked at Mrs B's circumstances and the features of the policy, to see whether the policy was suitable for her. We did not consider it was.

...does not seem to apply to the OP.

-taff wrote: »

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

Perhaps , but only if the whole application was done by post. Even then, how would the OP prove that the tick wasn't his?

furrylongtail

-taff wrote: »

number 2

I wish I was like Mrs B lol - but thank you for the example

dunstonh

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.

No. A recommendation/advice uses words that read as advice or a recommendation. If the words are like that then you could argue that case and there have been some success on that front.

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?

They are not required to offer products from other providers. It is a bit like going into an Apple store and expecting Apple to tell you that android phones are available. It doesnt happen. it does not need to happen. It is also pretty logical. The high streets have a number of different banks and building societies. Each is going to sell its own product and not the product of a competitor down the road.

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 -

Dont mistake the payments to the credit card and the payments to the PPI. They are two different things. if, for some reason, they could not collect premiums from the credit card then cover would end.

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?

Did you make a complaint or did you request information? These are two different things. The FOS can only get involved with complaints. Not requests for information.

furrylongtail

dunstonh wrote: »

Dont mistake the payments to the credit card and the payments to the PPI. They are two different things. if, for some reason, they could not collect premiums from the credit card then cover would end.

Sorry, can you explain what you mean am being abit thick?

I was thinking that the Ombudsman would have dismissed this argument straight away if there wasn't a case here at all? The last I heard they were waiting for the provider to come back to them with more information.

[Deleted User]

furrylongtail wrote: »

Sorry, can you explain what you mean am being abit thick?

If you were simply tardy with payments, your insurance would not end. A late payment would just mean the PPI owed would be added to your outstanding credit card bill. If you failed to pay at all (and so defaulted) your insurance would end.

-taff

furrylongtail wrote: »

Yes it was postal - they sent me a partially populated form in the post after we took out a mortgage with them.

Personally, I would be saying that the fact they sent a partially populated product appplication meant they were recommending it to me based on their records of my financial standing with them.

But that's me...and your chances would still be slim....

[Deleted User]

furrylongtail wrote: »

I was thinking that the Ombudsman would have dismissed this argument straight away if there wasn't a case here at all? The last I heard they were waiting for the provider to come back to them with more information.

The FOS adjudicator has to investigate any accusation of wrong-doing that you make. this also means allowing the Bank to provide evidence to counter such claims. The fact that they haven't dismissed this straight away is not any cause for optimism on your part.

dunstonh

I was thinking that the Ombudsman would have dismissed this argument straight away if there wasn't a case here at all? The last I heard they were waiting for the provider to come back to them with more information.

The adjudicator will want access to all available documentation and information. It is possible that none of your complaint reasons are valid and can be rejected. However, there could be something on file that results in an uphold decision that you were not aware of or complained about. The whole sale is looked at. Not just the bits you mention. None of us here have access to that info but you would be surprised how many complaints get upheld on a point you never raised.

furrylongtail

dunstonh wrote: »

The adjudicator will want access to all available documentation and information. It is possible that none of your complaint reasons are valid and can be rejected. However, there could be something on file that results in an uphold decision that you were not aware of or complained about. The whole sale is looked at. Not just the bits you mention. None of us here have access to that info but you would be surprised how many complaints get upheld on a point you never raised.

The complaint was not upheld at first based on my original complaint - I then went back with this query and some further information regarding the wording on the application form sent out and asked them to look at it again. I don't know which bits they have gone back to MBNA about, just that they are awaiting further information back from them.

This has now been ongoing since January 2012 so it would be really frustrating if nothing comes of it which is the likely outcome.

I may hang on to my other complaint in the hope that I hear something back from the Ombudsman before the 6 months is up and then judge whether to bother sending another in. I figure I've got nothing to lose apart from a few stamps and time filling in the form.

I will just have to go after them for the £25 late payment fees they used to apply instead! lol;)

meer53

furrylongtail wrote: »

The complaint was not upheld at first based on my original complaint - I then went back with this query and some further information regarding the wording on the application form sent out and asked them to look at it again. I don't know which bits they have gone back to MBNA about, just that they are awaiting further information back from them.

This has now been ongoing since January 2012 so it would be really frustrating if nothing comes of it which is the likely outcome.

I may hang on to my other complaint in the hope that I hear something back from the Ombudsman before the 6 months is up and then judge whether to bother sending another in. I figure I've got nothing to lose apart from a few stamps and time filling in the form.

I will just have to go after them for the £25 late payment fees they used to apply instead! lol;)

Did you complain about the late payment fees at the time ?