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Refused claim by BoS - successful with Santander on same grounds
clarab_3
Posts: 691 Forumite
Hello folks, looking for some advice for where to take this next.
I've just had my claim for PPI on my BoS Credit card refused. They have provided no evidence that the PPI was sold properly or conciously chosen, and a claim made on the same grounds to Santander was successful. My grounds for requesting a refund of my PPI were:
I was unaware I had signed up for PPI and would not have conciously done so on 2 grounds:
1. I had previously had a Barclaycard policy which did not pay out when I was made redundant back in 2000, I therefore have deliberately avoided PPI policies since.
2. As part of my employment with xxxxx at the time (and all employers since) I have had the availability of a flexible benefits package, and have availed myself of the availability of critical illness and redundancy insurance through my work benefits package as an alternative to PPI and therefore have never considered I would need it.
Where to next people? Do you think I have a case? Appreciate any advice. Perhaps the Ombudsman, but if I could settle this with the bank myself it would be preferable because of the ombudsmans workload?
I've just had my claim for PPI on my BoS Credit card refused. They have provided no evidence that the PPI was sold properly or conciously chosen, and a claim made on the same grounds to Santander was successful. My grounds for requesting a refund of my PPI were:
I was unaware I had signed up for PPI and would not have conciously done so on 2 grounds:
1. I had previously had a Barclaycard policy which did not pay out when I was made redundant back in 2000, I therefore have deliberately avoided PPI policies since.
2. As part of my employment with xxxxx at the time (and all employers since) I have had the availability of a flexible benefits package, and have availed myself of the availability of critical illness and redundancy insurance through my work benefits package as an alternative to PPI and therefore have never considered I would need it.
Where to next people? Do you think I have a case? Appreciate any advice. Perhaps the Ombudsman, but if I could settle this with the bank myself it would be preferable because of the ombudsmans workload?
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1. I had previously had a Barclaycard policy which did not pay out when I was made redundant back in 2000, I therefore have deliberately avoided PPI policies since.
Doesnt really prove anything as that was with Barclays. Not Santander or BoS.2. As part of my employment with xxxxx at the time (and all employers since) I have had the availability of a flexible benefits package, and have availed myself of the availability of critical illness and redundancy insurance through my work benefits package as an alternative to PPI and therefore have never considered I would need it.
For advised sales, those things are an issue but for non-advised sales they may not be.Refused claim by BoS - successful with Santander on same grounds
Did Santander auto payout? Maybe their own sales process didnt have a record of those things. Maybe it was advised rather than non-advised. The fact one pays out and another does not could be due to many factors.
Depends on variables we cannot tell and the sales process they had in place at that time.Where to next people? Do you think I have a case?Perhaps the Ombudsman, but if I could settle this with the bank myself it would be preferable because of the ombudsmans workload?
You could attempt to try and get them to change their mind but the clock is now ticking on the 6 month timebar. Arguing with the bank doesnt usually extend that. So, going to FOS if you disagree is the most logical thing to do. You could try one more go at the bank to change their mind if you are good on your paperwork and wont miss the 6 month deadline if they stall on a response.I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.0 -
As the complainant, the burden of proof is upon you not the Bank. What evidence did YOU provide that the PPI was sold improperly or was not consciously chosen?I've just had my claim for PPI on my BoS Credit card refused. They have provided no evidence that the PPI was sold properly or consciously chosen
That is irrelevant, it's entirely possible that Santander upheld your complaint for different reasons to those you actually presented. It's even possible that Santander auto-paid out without any investigation of your complaint. Regardless, the outcome of one complaint has no bearing on any other.a claim made on the same grounds to Santander was successful.
How long did you have this PPI? It would have appeared on every monthly statement when your account had a balance, so it's not a very convincing complaint to say you didn't know you had it.I was unaware I had signed up for PPI and would not have conciously done so
Did you send documentary evidence of this with your complaint?I had previously had a Barclaycard policy which did not pay out when I was made redundant back in 2000, I therefore have deliberately avoided PPI policies since.
Again, did you send proof of this with your complaint?As part of my employment with xxxxx at the time (and all employers since) I have had the availability of a flexible benefits package, and have availed myself of the availability of critical illness and redundancy insurance through my work benefits package as an alternative to PPI and therefore have never considered I would need it.
You could send the documentation supporting your original reasons to the Bank if you haven't already, but this is only likely to delay still further your eventual Ombudsman referral which will take in excess of eighteen months.Perhaps the Ombudsman, but if I could settle this with the bank myself it would be preferable because of the ombudsmans workload?
As Dunstonh says above, don't waste too much time with the Bank as you only have six months in which to refer your complaint to FOS.0 -
Doesnt really prove anything as that was with Barclays. Not Santander or BoS.
Fair comment, it was there to demonstrate that I have actively avoided PPI on purpose since this date.
I had hoped that BoS may provide a copy of my sales form to prove either way - it was sold rather a long time ago and Im afraid my memory of it could be be better.For advised sales, those things are an issue but for non-advised sales they may not be.
Noted. But it wasn't an outo payout, I pursued it and answered many questions on phone following sending form.Did Santander auto payout? Maybe their own sales process didnt have a record of those things. Maybe it was advised rather than non-advised. The fact one pays out and another does not could be due to many factors..Depends on variables we cannot tell and the sales process they had in place at that time.
You could attempt to try and get them to change their mind but the clock is now ticking on the 6 month timebar. Arguing with the bank doesnt usually extend that. So, going to FOS if you disagree is the most logical thing to do. You could try one more go at the bank to change their mind if you are good on your paperwork and wont miss the 6 month deadline if they stall on a response.
Appreciated, thank you.0 -
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Moneyineptitude wrote: »As the complainant, the burden of proof is upon you not the Bank. What evidence did YOU provide that the PPI was sold improperly or was not consciously chosen?
That is irrelevant, it's entirely possible that Santander upheld your complaint for different reasons to those you actually presented. It's even possible that Santander auto-paid out without any investigation of your complaint. Regardless, the outcome of one complaint has no bearing on any other..
Noted, thank you.Moneyineptitude wrote: »How long did you have this PPI? It would have appeared on every monthly statement when your account had a balance, so it's not a very convincing complaint to say you didn't know you had it.
I was working away from home when I had it and did not recieve my statements. That said, I did notice it a year into my policy and stopped it. I did not appreciate at the time it may have been missold or I would have pursued it at the time.
No, I'd be very impressed with anyone that still had a payout refusal letter from 15 years ago unrelated to any of their existing lenders.;)Moneyineptitude wrote: »Did you send documentary evidence of this with your complaint?
Yes I did. Copies of my insurance policies from 2008 to date for both critical illness and redundancy.Moneyineptitude wrote: »Again, did you send proof of this with your complaint?Moneyineptitude wrote: »You could send the documentation supporting your original reasons to the Bank if you haven't already, but this is only likely to delay still further your eventual Ombudsman referral which will take in excess of eighteen months.
As Dunstonh says above, don't waste too much time with the Bank as you only have six months in which to refer your complaint to FOS.
Thanks, I think I will go to the ombudsman. its not such a matter of rush for time, more of irritation as I genuinely believe this to be a case of misselling.0 -
While not surprising that you don't have such evidence, without it, your complaint is simply "hearsay" and so carries no weight with the Bank or FOS.I'd be very impressed with anyone that still had a payout refusal letter from 15 years ago unrelated to any of their existing lenders.;)0 -
Yes I did. Copies of my insurance policies from 2008 to date for both critical illness and redundancy..
I assume these relate to a mortgage? If so, they have no bearing on your CC.
The fact that you cancelled it when you found out about would do though
Did you make that part clear?
.
Bear in mind, if you are successful, you will only receive the preiu,s you actually paid back, plus 8%.Non me fac calcitrare tuum culi0 -
I assume these relate to a mortgage? If so, they have no bearing on your CC.
The fact that you cancelled it when you found out about would do though
Did you make that part clear?
.
Bear in mind, if you are successful, you will only receive the preiu,s you actually paid back, plus 8%.
I did thanks, and no it is my salary that is insured so that I am able to fulfil my obligations.0
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