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Is that it?

Hi, FOS have upheld my complaint against Barclays/Woolwich mis selling a policy called Mortgage Care 2 in place of critical illness cover. I did claim on this policy which paid out covering my mortgage payments for one year then stopped. I had not been advised that policy sold wasn't critical care cover nor was I advised that I could claim again after a period in fact i was told it was critical policy and as the lead name on the mortgage i was taking out the best possible cover....What I would like to know is can I take this further? Barclays have advised they can not communicate with me and the FOS advise that the compensation I have received is all they can award. The sums involved had I been given the right policy are big, so would appreciate anyone who has any knowledge commenting. Thanks.

Comments

  • dunstonh
    dunstonh Posts: 121,297 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I had not been advised that policy sold wasn't critical care cover nor was I advised that I could claim again after a period in fact i was told it was critical policy and as the lead name on the mortgage i was taking out the best possible cover.

    Those are things that Barclays would not be required to tell you verbally and indeed, in the case of taking best possible, they could not tell you as they are tied agents and do not have access to the marketplace to give you the best possible. The claims info is something that is usually documented in writing though.
    What I would like to know is can I take this further?

    You won your complaint about mis-sold PPI. That is it. Game over.
    Barclays have advised they can not communicate with me and the FOS advise that the compensation I have received is all they can award.

    once you go to the FOS, Barclays will let FOS decide. They cant change a FOS decision.
    The sums involved had I been given the right policy are big, so would appreciate anyone who has any knowledge commenting.

    Unless you have evidence that a CI policy was ever recommended or the process for application started but stopped then there is nothing to be done.
    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.
  • Hi, thanks for the reply. The only evidence I have is circumstantial. My husband was a medical professional and hugely insured. I had death in service through work and no other policies. Like I say I was the lead name and had I fallen ill we would have no way of paying the mortgage-which is actually what happened.
  • -taff
    -taff Posts: 15,585 Forumite
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    edited 1 July 2014 at 4:09PM
    What exactly do you want to take further?
    Non me fac calcitrare tuum culi
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Her_sister wrote: »
    Is that it?
    I'm afraid so.
  • roonaldo
    roonaldo Posts: 3,420 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It's been upheld so you will get the refund of PPI. You should note that the claims you made will be taken off the refund due.

    The fact its not a Critical Illness policy you may have to take the blame for as you should have understood what you were taking out as unless you can show you were meant to be sold a critical illness you will have no evidence. Barclays' evidence will show you took out a PPI not critical illness.

    About the same as saying you asked a car dealer for a BMW and they sold you a Mercedes.
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    1,000 Posts Combo Breaker
    This does not seem to stack up.

    The complaint was about mortgage PPI, which has a low uphold rate. The OP claimed on it and it paid out - which shows there was a need for cover.

    Ordinarily, that would mean the benefits exceeded the cost of cover (as it paid for its maximum period). Normally in that situation, FOS would decline to take matters further as there is no loss.

    I suppose it is possible that it was a single premium policy but that would be unusual for a mortgage lender to offer.

    I would take an educated guess that what FOS have really said is "even if we upheld a complaint, there would be no redress as there is no loss" - or words to that effect - and it has not made any adjudication on the merits of the complaint at all, in accordance with FCA rule DISP 3.3.4R(1)
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