Ppi claim on joint policy with ex partner

Dawee187

Hi all this is my first time using this site and just after some advice on a ppi claim I have made.

I split from my ex over four years ago and last November we finally sold are house which we co owned, we had life insurance with halifax (also mortgage lender) and payment protection for the payments on the mortgage if either of us was ill from work and unable to pay are half of the mortgage etc.

We took out the joint policy cause unlike myself my ex partner didn't have full sickness pay from her employer and decided to take the policy which at the time I felt I had to so she could get the cover which I didn't really need, that's what my claim was all about.

After filling out the halifax claim form in just my name!! Halifax rung to ask why I felt it was mis sold to myself explained the situation, the claim was successful and I received a cheque for £3800, but it was in both are names after contacting my bank about the joint name they said I could still cash it, I honestly thought cause it was a joint policy that's why her name was on it.

Now she has found out and wants half the money or she will take me to court in 7 days!!!, I don't mind giving her half but Halifax I feel is at fault not me as I claimed souly in my name only!!

I would rather give halfax back half the money and let her claim like I had too, I can't cant say weather she is entitled to the money as she needed the protection not me!!!


Please any advise is welcome

Thank you

Nasqueron

It was a joint policy - they rightly put the return in both your names, it was your "fraud" to cash the cheque when it should have been split between you - I doubt she has any hope of a court case in 7 days, more like a small claims provision but the fact you put in a complaint for a joint policy and didn't involve her is fairly dishonest - just pay her the money and avoid the hassle, you don't have a leg to stand on, it's nothing to do with the Halifax (you cannot put in 2 complaints about the same policy anyway so the idea you can claim and get your half of it and she has to do it herself is moot)

dunstonh

Now she has found out and wants half the money or she will take me to court in 7 days!!!, I don't mind giving her half but Halifax I feel is at fault not me as I claimed souly in my name only!!

You knew it was the joint amount and you still paid the money into your account. Your bank was not the place to ask. halifax was.

Please any advise is welcome

Pay her the money as you have no defence (you cannot claim expectation as you knew it was for both of you).

welshgasman

The reason she has probably found out is as the policy was joint, the bank would have informed her of the refund and the fact that they had sent a joint cheque to you. In the ideal world you should never have been able to cash that cheque, but had to request cheques in separate names. By cashing that cheque, as has already been mentioned, you have committed fraud.

If that was me, I'd be paying half asap to the ex. If she goes back to the bank and complains, they will investigate and likely report the fraud to the police. No need for the expense of a small claims court, the bank would do all the donkey work for her. After that you are on your own.

roonaldo

Dawee187 wrote: »

Now she has found out and wants half the money or she will take me to court in 7 days!!!, I don't mind giving her half but Halifax I feel is at fault not me as I claimed souly in my name only!!

How you feel doesnt matter. It's not Halfax's fault in the slightest, its a joint policy so joint redress.

I would rather give halfax back half the money and let her claim like I had too, I can't cant say weather she is entitled to the money as she needed the protection not me!!!

She doesnt have to make a "claim" you won for you BOTH and she is entitled to half. She should contact Halifax and provide her details so they cant split the payment.

Dawee187

Thanks for the replies people

So because Halifax got it wrong and didn't contact my ex about are joint ppi and gave me the full amount I am the one breaking the law? And natwest cashed a joint cheque and told me as long as my name was on it it's okay I'm breaking the law?
Really appreciate the replies but may I ask are you peolpe solicitors etc? Or is it just your two penny's worth?

Also when the house had to be rented (her choice) I paid for a new boiler, three gas safety checks

When it was sold I paid for another gas safety check, electric check, replastering of the kitchen ceiling which was all from the terms of the agreed sale

She didn't pay any towards this and we was cohabitants so I take it I'm also breaking the law again??

Can I get my money back off the ppi and pay her the remaining balance?

Cheers

dunstonh

So because Halifax got it wrong and didn't contact my ex about are joint ppi and gave me the full amount I am the one breaking the law?

You are not breaking any law. Halifax did not get it wrong. Natwest got it wrong (unless it went into a joint account). Cheques are marked account payee only and a cheque payable to joint names should only go into joint names.

as long as my name was on it it's okay I'm breaking the law?

Again not breaking any law.

Also when the house had to be rented (her choice) I paid for a new boiler, three gas safety checks

When it was sold I paid for another gas safety check, electric check, replastering of the kitchen ceiling which was all from the terms of the agreed sale

Nothing to do with the PPI refund.

She didn't pay any towards this and we was cohabitants so I take it I'm also breaking the law again??

No.

Can I get my money back off the ppi and pay her the remaining balance?

Two separate things that are not linked. However, if you want to link them then speak to your solicitor. If you don't then she can take you to court and the court will rule in her favour as you knew it was joint money. Money does not suddenly become yours because of method of payment.

Dawee187

Can I not just give half the money back to halfax, am I the only person in the U.K. who has claimed ppi on a joint policy where there has been a separation,

It is Halifax fault cause as I have stated claim forms was in my name only!! They should have contacted my ex, I couldnt sell are house with out her constant so surely this is halifaxs fault?

dunstonh

Can I not just give half the money back to halfax, am I the only person in the U.K. who has claimed ppi on a joint policy where there has been a separation,

You can ask Halifax to take half back and send her the other half. Although what purpose would that serve?

It is Halifax fault cause as I have stated claim forms was in my name only!!

It is not Halifax fault as it was a joint policy. Either party can initiate a complaint and they issued a joint cheque. Natwest were at fault for accepting that cheque.