Adjudicator rejects our claim

Lyn72

Hi just after some advice please and if anyone has tAken their PPI claim to the Ombudsman and had it rejected and what steps were taken after that?

We have been advised that our claim will go to an Ombudsman, slightly confused by this as we thought the Adjudicator who we waited 18 months to review our case was the Ombudsman! Anyway our PPI was added on to a Mortgage in 2003 with the Halifax, we never knew we had it so were mis sold on that basis but the adjudicator has stated as we could manage the repayments and would have benefited from the policy it will not be upheld, again slightly confused as we could never have claimed as we were unaware it had been added to the mortgage.

Has anybody got this far and had the decision over turned by the Ombudsman? Any comments would greatly appreciated.

roonaldo

You say you didn't know you had it, but you paid it monthly by direct debit from your bank account so its not very believable and surely you completed an application form?? It it reasonable to say you should have known about it. It's also not added to the mortgage as you said, its a monthly paid policy.

There may be numerous other reasons why PPI was mis-sold but nothing you said suggests it was mis-sold.

Lyn72

We paid one payment per month to the Halifax by direct debit. Due to the nature of my husbands work we allready had 3 different insurance policies in place if we were ever off work or made redundant, plus he was self employed. I would appreciate comments with regards to my question, not whether our claim is "believable"

roonaldo

Then the answer is yes. The ombudsman have overturned decisions, usually if the adjudicator has made a wrong decision. PPI covers self-employed and considering the adjudicator didnt side with you shows it did cover him. If he wasnt covered then the FOS would have sided with you!

Halifax's PPI is stand alone and not included in the mortgage payment.

Lyn72

When we called the PPi line with the Halifax we were told it was added on to a credit card and 2 loans which we were very surprised about but they upheld them, but they declined the mortgage claim. Looking back on bank statements there is only one payment for the mortgage a month going out but they have told us PPI was added to that also. I find it all very confusing, hence the advise needed. Thanks.

OnlyAlan

You have nothing to lose by appealing the decision to the Ombudsman. From memory, I believe they uphold over 50% of appeals. It is a chance to re-state your claim and shows you are serious and not just 'chancing it'. I have done so successfully.

I would also make mention of any claims that have been upheld on your behalf on the same grounds against the same bank.

Lyn72

Hi, the adjudicator is going to pass on all our emails which have stated all other claims with the Halifax were upheld, they have also had copies of the other insurances we had in place, with policy numbers. I think we were never made aware of the PPI as we were re-mortgaging with the Halifax, not sure if that makes a difference. Thanks for the info :-)

roonaldo

Mortgage PPI is a considered a good policy and still recommended (not by Halifax now). Credit card and loan (single premium) PPI are poor value which is why those were upheld. You need to demonstrate to the Ombudsman why you shouldn't have had the PPI. The "I didnt know about it" wont be credible if there is evidence that it was signed for. What did the adjudicator say about that and the self-employment in the response?

dunstonh

Anyway our PPI was added on to a Mortgage in 2003 with the Halifax

First thing we know is that the FOS reject most MPPi complaints. We also know that halifax only charge by monthly direct debit which is the correct way PPI should be set up.

So, you are going to need a strong complaint reason.

but the adjudicator has stated as we could manage the repayments and would have benefited from the policy it will not be upheld,

This would indicate you dont have a factual complaint reason.

again slightly confused as we could never have claimed as we were unaware it had been added to the mortgage.

That is an unprovable complaint reason. What evidence do you have for not knowing you were paying a monthly premium all those years?

You have nothing to lose by appealing the decision to the Ombudsman. From memory, I believe they uphold over 50% of appeals.

No. The ombudsman sides with the adjudicators in 89% of cases. The OP hasnt indicated any wrongdoing apart from an unprovable allegation.

I would also make mention of any claims that have been upheld on your behalf on the same grounds against the same bank.

Different PPI products sold by different people.

Lyn72

Looking back on the emails the adjudicator disregarded being self employed at the time as we could afford the PPI payments and would benefit from it if such a claim arose. My husband had an industrial accident not long before we re-mortgaged, he was paid out a large sum which we also used as evidence that if we had been aware PPI had been offered it would have been declined. I guess we will just have to sit it out for a while longer, just a shame we haven't got the original documents.

dunstonh

the adjudicator disregarded being self employed at the time as we could afford the PPI payments and would benefit from it if such a claim arose.

Halifax MPPI covers the self employed. Most MPPI does cover self employed fine. Its loan and credit card PPI where self employed is more of an issue.