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PPI Reclaiming successes and failures
Comments
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Hi,
I received a letter from Shop Direct Finance Company Ltd., 26th March stating that they were continuing to investigate my Complaint and they aimed to have reached a decision by 23rd May.
I received their final response this morning 29th May.
"Please note that Shopping Insurance has been cancelled as of 17th April 2012 as requested in your letter dated 20th March 2012.
Background to Complaint
My understanding of your complaint is that you believe that you were mis-sold Shopping Insurance as:
- At the time of sale, you were a stay at home parent and not in danger of becoming unemployed
- The telephone adviser stated that without PPI, missing payments could have severe consequences, including court proceedings, and obtaining credit could be difficult
- You felt afraid to refuse the policy and felt like you could not say no.
I have made a full investigation, assessed your concerns, and can confirm my findings as follows:
You were offered the opportunity to accept an insurance known as Total Cover on 5th January 2006 whilst under the Empire Brand, under account No:***** The Payment Protection Insurance cover was offered to you by Redcats (Brands) UK Limited prior to Shop Direct's acquisition of the brand in June 2008. Following our acquisition of the brand you were provided with account number *****
As a result of this transition, the decision was made to cease offering Total Cover Insurance. I can confirm that a letter was enclosed with your first statement, issued in July 2008, advising that the policy would be changed.
The letter informed you that another form of Payment Protection Insurance, known internally as Shopping Insurance, would replace the original insurance, Total Cover. The letter explained that you did not need to order the new insurance but to continue making the scheduled payments as requested.
The reverse of this letter provided the cancellation details which advised that if you wished to cancel Shopping Insurance, you would be required to contact us within 30 days to receive a full refund of any premiums applied.
Also enclosed was the policy documentation for Shopping Insurance. These documents provided full details of the cover, including the benefits and exclusions along with the basis for the premiums; the cancellation procedure was again reaffirmed.
There was no paperwork that required your signature when you were offered the insurance, as is standard practice in the insurance industry, however, where you had an outstanding balance, statements would have been sent to you every 28 days showing the monthly premium on your statements.
As we were not required to advise you of the suitability of the policy for your needs, I have considered whether we provided you with adequate information for you to make an informed choice on whether the policy was suitable for your needs. The policy document enclosed with the letter, explained the main benefits, exclusions and cancellation rights relating to the policy. In reviewing your evidence, I have confirmed that at the time of sale you stated in the questionnaire that you returned to us that you had other means of making your repayments for protecting your purchases but failed to provide details of these. As such, on a balance of probabilities, I consider it more likely than not that we did provide you with adequate information to enable you to consider your personal circumstances and and decide the policy was suitable for your needs.
Conclusion
Having fully reviewed the evidence available I believe the Shopping Insurance policy was offered to you in a way that was clear, fair and not misleading, as such I am not upholding your complaint.
Whilst I appreciate this may not be the outcome you had hoped for, I trust my explanation meets with your satisfaction in setting out clearly why I have taken my view. I confirm that this letter is my final response to your complaint.
If you are not happy with our final response in relation to Shopping Insurance, you can now refer your complaint to the Financial Ombudsman Service (FOS), but must do so within six months.
Enclosed is a leaflet which explains the FOS in more detail.
If you wish to dispute the sale of Total Cover whilst under the Redcats (Brands) UK Limited, please forward a letter of complaint and a signed Letter of Authority to the following address.
Redcats (Brands) UK Limited
2 Holdsworth Street
Bradford
BD99 4XB
Thank you......."
So, it appears that as this was their standard procedure for all customers with PPI, none of us have a claim???
The following statement is a direct quote, taken from the Financial Ombudsman Website –
“So whilst it is important that the customer has access to the full policy documentation, it is not enough for the firm to say it met its obligations simply by sending the customer the policy document and highlighting the customer’s right to cancel the policy”.
Any advice would be greatly appreciated.
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amersall you know how thick I am
Not sure if this is the correct information -' Debit account with the relevant monthly premium ' It says on the agreement form
Sorry if not understood what you mean
Hi Benji,
I misunderstood what amersall was trying to say to me when I very first posted lol:o
You're not thick, it's tough stuff to get your head around:)0 -
:j :beer: :j congratulations :j
Can I please just ask when did you receive your offer letter and what date was on the letter?
We are waiting for ours and I am a bag of nerves
Hi my offer letter was dated 14th May and I received it 19th May this was from Leeds and the letter which came with my cheque was dated 24th May and I received it yesterday and this was from Chester. Hope this helps i'm sure the postman will be delivering yours very soon and congratulations on your win :T0 -
Well i sent off my PPI claims to 5 accounts which were settled about 5-6 years ago, i didnt have any of the statements, agreements or any info. I managed to get the account numbers via a debt management company i used to manage the payments. (Gregory Pennington - Yes i know they are much despised but my experience was fairly good)
I sent off the questionaire forms to each.
I got the first back yesterday saying there was no PPI, i knew one of them didnt have it but was not sure, so ive accepted this for want of further info.
Today i got one back from Santander and they have offered me £1129, not as much as some of you have been offered, but im very happy with it, i think the full flexible loan was probably for only around 4k.
For anyone interested, i sent the questionaire on the 17/05/2012 and recieved the settlement offer today 29/05/2012. I have to say im fairly stunned by the response time and to be honest i was not really expecting anything as i had so little evidence. What i guess was a big factor was that in my jobs at the time i had 26 weeks full pay and 26 weeks half pay for sickness.
So glad i browsed this forum while looking into credit report info and decided to have a go.0 -
dolphingazer wrote: »Hi Benji,
I misunderstood what amersall was trying to say to me when I very first posted lol:o
You're not thick, it's tough stuff to get your head around:)
It is a bit. Good job amersall is patient and helpful :A
My head in bits at the moment:(0 -
Hi my offer letter was dated 14th May and I received it 19th May this was from Leeds and the letter which came with my cheque was dated 24th May and I received it yesterday and this was from Chester. Hope this helps i'm sure the postman will be delivering yours very soon and congratulations on your win :T
Our offer letter was dated 7th May received it 11th May also from Leeds.
Really glad we won but I am getting a bit stressed waiting for cheque:(
Waiting for lloyds cheques also
I know we should be grateful we have won and got refunds but they slow with the cheques :mad:
Sorry my little rant over0 -
ZeroGravitas wrote: »Here’s a (very) good news story, and it’s all thanks to the excellent people on this forum with their fantastic advice.
Having stalked the forum for a while, a few weeks ago I put in my own complaints about mis-selling of 4 PPIs, the biggest by far being with First Direct. My main reason for complaint was the same for all 4, and pretty strong from what I could gather from this forum. Namely, I was in a job which provided better benefits (the usual 6 months’ full, 6 months’ half sickness; at least 6 months’ redundancy; 2X salary for death in service). Capital One rejected the complaint, so I’m taking that to the FSO. Two others I haven’t heard from yet. But I came back after a weekend away to find that First Direct have found in my favour. Other relevant facts about this one are that I distinctly recall the PPI acceptance box arriving pre-ticked, after being advised to take it over the phone. I’m also fairly sure the PPI was front loaded, but not certain. To be honest, I had no idea how far back the loan went, I just knew it was at least 10 years, and I’d finally paid it off last year. I was expecting, at the very most, £10,000 because it was quite a large loan. I was stunned to find that FD were offering me £30,324 in full settlement! I still can’t really believe it. I’ve sent the offer acceptance letter back (obviously!), but no indication yet of how long before the settlement comes through.
Now, apart from the fact that FD are obviously – like most other banks - a bunch of PPI-mis-selling bandits who helped themselves to a lot of my money they weren’t entitled to over a 15-year period, they did put their hands up to this one pretty quickly – 5 weeks in fact, which presumably just goes to show it was open-and-shut. So, in case anyone was wondering, First Direct were mis-selling PPI left, right and centre, and I would encourage anyone with a case to get cracking. One thing that did astonish me though…I knew that my original loan with them had been consolidated, probably twice, at the very most 3 times over the years. Their investigation uncovered 8 loans consolidated over 15 years. I admit I haven’t been that attentive about my financial affairs, but even I know there’s no way I rang FD to renew my personal loan that many times. It sounds a bit haddock-y to me, but when there’s £30k on the table…
Anyway, I just wanted to say that I wouldn’t have had the confidence to make this complaint in the first place if it hadn’t been for the superb advice and encouragement of the terrific people on this forum (and Martin’s guide of course), so thank you very, very much. Never underestimate the fantastic work that you’re doing. I don’t think it’s putting it too strongly to say that you’re changing people’s lives.
:j:jOh my goodness what a win:D:D:D:D:D:D
I bet you couldn't believe it.:dance: Congratulations:beer:
Enjoy your money;)as i'm sure this is life changing for you. Well done.
I have been in shock myself about your win all day and told everyone I have spoken to. This forum is going to get mighty busy:rotfl::rotfl:
Thanks so much for sharing your success with us all:D0 -
dolphingazer wrote: »:j:jOh my goodness what a win:D:D:D:D:D:D
I bet you couldn't believe it.:dance: Congratulations:beer:
Enjoy your money;)as i'm sure this is life changing for you. Well done.
I have been in shock myself about your win all day and told everyone I have spoken to. This forum is going to get mighty busy:rotfl::rotfl:
Thanks so much for sharing your success with us all:D0 -
phoned halifax 8th april regarding mortgage ppi ,i was told i had 2 policies,both complaints filed today received offer on one for £4066 to be paid within 28 days ,phoned to enquire about the other one and told i had not lodged a complaint,i was left on hold for 26 mins waiting to speak to a supervisor then cut off as it closes at 6.00pm,i will have to call tomorrow but £4k on its way
loan ,tomorrow it will be lloyds tsb loads of old loans,thursday will be credit cards0
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