Abbey Mortgage PPI

dunstonh

The 3 year and 6 year rule does apply to MPPI or any financial product but only if the provider asks for it to be applied and has done enough to satisfy the requirements and rejects your complaint on that basis.

I said banks were inconsistent. If they were going to apply the timebar it should state in their rejection that they are applying the timebar and will instruct the FOS that they are applying the timebar should you refer the complaint to them.

The rejection letter of a complaint tells you the access rights to the FOS. If they were going to enforce the timebar, they should state as much in the rejection letter. If they don't reject your complaint but are offering an amount you are not happy with, then the FOS could apply the timebar then.

Not sure if it helps but one of the points that the MSE site mentioned was that it was acceptable for mortgage providers to insist that mortgage protection was in place but what they could not do was insist that you took their policy. I included this point within my complaint, that I wasn't able to shop around for a cheaper policy.

That can work on 2000s+ plans but not 90s or earlier plans or where the deal was a cross subsidy one (i.e. discounted rate where you buy an insurance). The rules changed at some point. Cant remember the date off the top of my head but sales before that rule change did allow the lender to insist on their own insurance.

frazell

dunstonh wrote: »

The rejection letter of a complaint tells you the access rights to the FOS.

They did that in their response. They said I could refer it to the FoS with a 6 month time limit.

dunstonh wrote: »

If they were going to enforce the timebar, they should state as much in the rejection letter.

They did not say anything in respect to time bar.

dunstonh wrote: »

If they don't reject your complaint but are offering an amount you are not happy with, then the FOS could apply the timebar then.

That's the case in this regard. Santander have offered us an amount, but we do not agree on the dates used in their compensation calculation. From the FoS website it appears that they should assist if Santander have referred it to them (from their website);


"We can also look at a complaint that falls outside these limits where the business agrees to it. Some businesses are happy for the ombudsman to consider all complaints made against them, even if the consumer has missed the official time limits."



And then;


"A business must say in their final response letter to the consumer whether they agree or not to us looking into the complaint if it's outside of our usual time limits. And once they've decided, they won't be able to change their mind later on."

I believe that is how these historic PPI claims are being processed, on the basis that the banks are happy for the FoS to consider all complaints against them.


I think I need to go back to the FoS and ask them to reconsider my complaint.

frazell

Just an update on this. Santander upheld my second complaint.

Thanks for all that assisted on this.

gremlin807

Hi,
A bit late on this thread I know, so I'm not sure if anyone is still keeping an eye in it.
Congratulations to Stumbles66 and Frazell on winning their claims. These are the first instances I have come across with a successful outcome.

I too had Abbey National mortgages through the 90's and into the 2000's and am interested in pursuing possible MPPI reclaims.

Stumbes66 and Frazell- Do you have any more information you could share about how you went about your claim?

Regards
Andy

Bermonia

Neither have been on in years so highly unlikely you’ll get a response from them - you submit your complaint to Santander giving them as much info you can with regards to the policy/account numbers and your reason for considering PPI was mis-sold

dunstonh

These are the first instances I have come across with a successful outcome.

Most MPPi complaints are rejected. Certainly some do succeed. However, you can still buy MPPI today and most MPPi was set up correctly (monthly premium standalone plan). The other issue is that most mortgages in the UK are put in place by advisers/brokers/estate agents. They wouldnt use bank insurance products.

I too had Abbey National mortgages through the 90's and into the 2000's and am interested in pursuing possible MPPI reclaims.

Stumbes66 and Frazell- Do you have any more information you could share about how you went about your claim?

What makes you think that their employment details and situation are the same as yours? What are you complaint reasons and what evidence is available to support your reasons? Did Abbey even sell you MPPI?

gremlin807

Hi,
Thanks Bermonia. That is my plan. I haven't got the original paperworks anymore, but I do have proof from my bank statements: DD to Abbey National SLS a/c xxxxxx for a significant chunk of money each month.

Dunstonh. Thanks for your 'encouraging' reply. All my Abbey mortgages were set up in branch, so logically they would have promoted Abbey products.
As to Stumbles66 and Frazell. The answer is in the question. Their employment etc. may well have been different to mine. As it transpires I was full time and in a very similar position to Stumbles66, I was interested to know how they approached the challenge etc. My complaint reasons are probably the same as the vast majority of people: PPI was forced on most people unnecessarily or at least we were not advised that we could have sought out a cheaper product. As to evidence, unfortunately I no longer have the paperwork, so I refer back to my previous sentence.
And did Abbey see me MPPI? I refer back to my previous but one sentence.

Now onto the fight! Wish me luck.

Regards
Andy

Bermonia

Do yourself a favour and think of better complaint reasons...

No point saying that they didn’t advise you that you could buy cheaper elsewhere, nobody is under this obligation, in fact it would be a terrible business model... you wouldn’t go in to Tesco and expect to be told by staff you can buy cheaper at Aldi.

With regards to being told you had to have, this was either true in which case it was not mis-sold as you had the choice to obtain a mortgage elsewhere or it is unprovable.

As part of your complaint give us much details about your circumstances at the time of the sale as possible and perhaps there is a small possibility that some part of the policy was not fit for your particular circumstances - but as already suggested upheld complaints for MPPI are rare.

Nasqueron

gremlin807 wrote: »

Dunstonh. Thanks for your 'encouraging' reply. All my Abbey mortgages were set up in branch, so logically they would have promoted Abbey products.

Which is fine, Tesco don't tell you their products might be more expensive than Aldi. If you wanted whole of market you go to an IFA

gremlin807 wrote: »

As to Stumbles66 and Frazell. The answer is in the question. Their employment etc. may well have been different to mine. As it transpires I was full time and in a very similar position to Stumbles66,

Unless you joined the same employer at the same time with the same experience then it's irrelevant, your own case is unique, you should ensure it reflects that, not what other people wrote. No-one, except the police, is immune to redundancy, a private firm going bust won't pay you anything in redundancy payouts. Similarly, even if you had NHS levels of sick pay (6 months full, 6 months half pay) that doesn't cover a 25 year debt. That works on short term loans, not mortgages.

gremlin807 wrote: »

I was interested to know how they approached the challenge etc. My complaint reasons are probably the same as the vast majority of people: PPI was forced on most people unnecessarily or at least we were not advised that we could have sought out a cheaper product.

No-one was forced to take it out, if you didn't want it, you say no and refuse to sign.

For a mortgage it is not unnecessary, it is protecting your home.

As above, if you go into Abbey National they aren't going to tell you someone else sells it cheaper, nor do they have to.



These are not complaint reasons.

gremlin807 wrote: »

As to evidence, unfortunately I no longer have the paperwork, so I refer back to my previous sentence.
And did Abbey see me MPPI? I refer back to my previous but one sentence.

Now onto the fight! Wish me luck.

Regards
Andy

You are alleging wrongdoing, you must prove why the policy was unsuitable. The bank will show their sales script/process from the time which will prove that it was optional, how are you going to prove you were forced to have it?