PPI Reclaiming successes and failures

-taff

It doesn 't matter you ticked no boxes for a credit card PPI. Your complaint already says it was sold over the phone.
If you had good sick pay and didn't need it, then give them the evidence or tell them this.
The assessment can say this because they will have provided a sales template which they was followed and the Ombudsman accept this in the light of no other proof.

[Deleted User]

MoscowFlyer74 wrote: »

I know when and how I purchased it - over the phone hence why the 'assessment' is saying 'no evidence' that I wasn't explained the alternatives. I'm absolutely certain I ticked no boxes asking for PPI. I'm hoping the SAR will show a form proving this

In these circumstances a SAR will provide nothing of use. The actual sale of your PPI was conducted on the 'phone-the only forms you will have been sent will have detailed your acceptance of what you already agreed. In addition, the Bank would counter that you had thirty days "cooling off" to cancel the PPI if you didn't want it.

Best to appeal on the basis of your employment benefits and save yourself £10 in the process.

MoscowFlyer74

Thank you for your replies.
I'd like to put forward to the forum the points from the 'assessment' and establish people's thoughts on whether an appeal to the Ombudsman would be worthwhile.
I will just take the main points.

"You took your policy out via a postal application"
This was 16 years ago but I distinctly remember it being a phone sale. I may have received the application to sign.

"From the information gathered, I do not think the business recommended you take out the policy"
I find this comment flabbergasting. How do they know? For a sector found guilty of mis-selling on PPI on an industrial scale, this is a very naive comment.

"Did the business make it clear to you the policy was opitional? Looking over the policy and all the information the business gave you when you took it out, I have found that: YOU MADE IT CLEAR YOU WANTED TO TAKE OUT THE POLICY IN YOUR APPLICATION. Because of this I cannot fairly say that the business did not make it clear to you the policy was opitional"
As I said before this was a telephone sale. I was bullied and coerced into taking this out on the phone.

"were the policy's costs and benefits made clear to you?
Looking at the information you had when you when you bought the policy, I think it is unlikely that clearer information about costs and benefits would have affected your decision to take it out. I can see the business could have made the information clearer to you. But I think your circumstances at the time suggest the policy was not too expensive for you, and its benefits could have been useful to you"
What arrogant nonsense. How can they be judge and jury on what is otr is not too expensive for someone? I paid £65 a month for PPI. I was never ever told I could get the same product a lot cheaper by shopping elsewhere. Regardless of the money I was earning, I would have dearly loved to have not paid £65 a month.

Any help and advice would be greatly appreciated.
As you can tell I'm not pleased best with the outcome so apologies in advance

jenny45

MoscowFlyer74 wrote: »

I applied to MBNA and they said I wasn't mis-sold so I contacted the Ombudsman three months ago and they sent me an 'assessment' this morning. They say I can appeal.
They have given the 'balance of probablilities' very much in favour of MBNA...even thought there was mis-selling of PPI on an industrial scale

Does everyone get an assessment from FOS? I submitted my claim in July 2012 and had heard nothing by October so just contacted them to check for receipt as knew it would be ages to be looked at but did not want to wait for a year to find out it has gone awol :rotfl:anyway they said it has been received in July but was not registered onto computer system to go live in September so this would be start of my waiting time and although I have not the patience I was born with can wait as trying not to think too much about it
an assessment would be great to give me some idea of my chances but are they just sent to be certain cases?

-taff

MoscowFlyer74 wrote: »

Any help and advice would be greatly appreciated.
As you can tell I'm not pleased best with the outcome so apologies in advance

They are under no obligation to tell you that you can get it cheaper elsewhere. They are still not under that obligation, because you woulnd't go tot Tesco's and have them tell you the stuff is cheaper in Asdas.

Again, unless you can show you didn't need it through work benefits or another income or savings, then that's it really.

Also, either you bought it by phone or by post, the assessment seems to be under the impression you bought it with a postal application and ticked the box, but earlier you were saying that it was sold over the phone? This confusion isn't helping.

geoff1612

Today I finally received over £18,000:j
I took out a loan from Paragon and the PPI from CT Capital was included. When I paid off the loan I looked at all the PPI details again and was convinced I had a good case to receive a refund so I first wrote to Paragon who told me to contact CT Capital. After about 3 months they rejected my case so I looked again at your website and followed carefully the procedure and contacted the Ombudsman. Finally, after 18 months the Ombudsman found in my favour and today over £18,000 was paid into my account:T
I would just like to tell others who may be thinking of giving up....DON'T.
So cheers 18,000 times Martin!!! :beer:

[Deleted User]

-taff wrote: »

the assessment seems to be under the impression you bought it with a postal application and ticked the box, but earlier you were saying that it was sold over the phone? This confusion isn't helping.

Yes, but I doubt the OP will be able to prove an accusation that the records are wrong and that the deal was done via telephone.

As you say, the only way forward for the OP is to focus on work benefits etc.

I agree it doesn't appear hopeful...

[Deleted User]

[quote=[Deleted User];62126329]Does everyone get an assessment from FOS? [/QUOTE]
Yes, there is an initial assessment done by an adjudicator at FOS. Do be aware that the assessment can go either way and if the Bank are found to be at fault then an instruction to the Bank to pay redress will be issued.
If it goes the other way (as in MoscowFlyer74"s case) then the complainant is issued with the reasons why FOS aren't upholding.

In both circumstances there is the opportunity to appeal the decision and the case goes to an actual Ombudsman.

MoscowFlyer74

-taff wrote: »

They are under no obligation to tell you that you can get it cheaper elsewhere. They are still not under that obligation, because you woulnd't go tot Tesco's and have them tell you the stuff is cheaper in Asdas.

Again, unless you can show you didn't need it through work benefits or another income or savings, then that's it really.

Also, either you bought it by phone or by post, the assessment seems to be under the impression you bought it with a postal application and ticked the box, but earlier you were saying that it was sold over the phone? This confusion isn't helping.

Thanks for the reply. This was 16 years ago. I'm absolutely convinced this was sold over the phone. The form may have been sent out for my signature, with the information I had given them over the phone on the form. I didn't fill out an application form. I may, or may not, have ticked the box. I can't remember if I did or not

MoscowFlyer74

Thanks for everyone's advice. By the sounds of it I should give up and not take it further. MBNA got away with another