RBS PPI Rejection

BereJim

My wife has recently had a PPI claim rejected by RBS. However, they have made an offer based on commission (Previn?). My wife feels quite strongly that the PPI was missold. Presumably if the offer represents the amount over 50% then the potential amount owed would be considerably more that the offer?

Is there any harm in appealing via the ombudsman, or could she lose the offer by doing so?

Apologies if similar questions have already been asked.

[Deleted User]

You can certainly refer the complaint if you remain dissatisfied.

If the Ombudsman overturns the rejection, the redress awarded will be minus the amount already offered under Plevin.

Your Plevin refund is safe in either case.

Why does your wife believe the Bank have wrongly rejected the complaint?

BereJim

Thank you for your reply.
My wife took out a credit card on the advice of her bank manager, when she visited a branch to change her bank account. She was unaware of there being PPI on this card and maintains that she was not told about it at the time.
The bank’s response basically says that their sales policies at the time were designed to inform of the optional nature of the insurance and that her consent would have been sought. So the bank says one thing and my wife says the opposite.

[Deleted User]

BereJim wrote: »

She was unaware of there being PPI on this card

The PPI would have appeared on every monthly statement itemised on a separate line. By stating she didn't know about the PPI, your wife is just admitting she doesn't check her statements.

BereJim wrote: »

The bank’s response basically says that their sales policies at the time were designed to inform of the optional nature of the insurance and that her consent would have been sought. So the bank says one thing and my wife says the opposite.

Unfortunately, this is a very weak allegation for which your wife can provide no evidence. It's extremely unlikely the Ombudsman will rule in your wife's favour in these circumstances.
I'd just enjoy your Plevin refund if I were you...

dunstonh

My wife feels quite strongly that the PPI was missold

So, what evidence does she have to counter their rejection reasons?

Is there any harm in appealing via the ombudsman, or could she lose the offer by doing so?

No harm. However, the FOS is an independent arbiter of complaints and the uphold rate at the FOS is falling. This is because the banks are acting more fairly in general with PPI complaints.

There is little point just referring it to the FOS hoping for a different decision. It may happen. However, you have to look at the rejection reason and how you counter that.

She was unaware of there being PPI on this card and maintains that she was not told about it at the time.

A few issues there.
1 - unlikely to be any evidence that supports the allegation that she was not told about it.
2 - when it started appearing on the statement, why did she not query it? That is not a rejection reason in itself but it does go towards credibility when there is no evidence available.

The bank’s response basically says that their sales policies at the time were designed to inform of the optional nature of the insurance and that her consent would have been sought. So the bank says one thing and my wife says the opposite.

The bank response seems reasonable and UK law puts the onus on the accuser. With no evidence to support your wife's allegation, the complaint is unlikely to succeed unless there is another failure reason.

Mersey_2

BereJim wrote: »

She was unaware of there being PPI on this card and maintains that she was not told about it at the time.
The bank’s response basically says that their sales policies at the time were designed to inform of the optional nature of the insurance and that her consent would have been sought. So the bank says one thing and my wife says the opposite.

Yes, that is a valid - and successful - complaint reason.


It - as her direct written lay evidence - has equal weight with the bank's and so she does not have to 'disprove' anything the bank have said.


The FOS will weigh up the case on the balance of probabilities and come to a decision.

dunstonh

And in the case where no evidence exists showing any wrongdoing and a balance of probability decision is required, these tend to go with the provider unless the provider has messed up information to the FOS.

Most unprovable allegations fail due to lack of evidence. Some go on to succeed on other points.

Here is a good example of the process from a real FOS decision: http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=136671

RICHO1

Hi new to the site please help
RBS say i have a case for a Plevin claim i have had my mortgage with RBS for 24 years would i be entitled to the full 24 years or is there a maximum length of time i can claim for
Any help would be great
Many thanks

dunstonh

RBS say i have a case for a Plevin claim i have had my mortgage with RBS for 24 years would i be entitled to the full 24 years or is there a maximum length of time i can claim for

Maybe but not necessarily. Mortgages have not been regulated under the CCA for all of the last 24 years. If you changed mortgage deals in the period when they were not regulated under the CCA, they dont have to apply Plevin to that period. Wait and see what happens.

RICHO1

Hi all
Can anyone help?
RBS say i had no PPI on my mortgage and can only try for Plevin if thats applicable, But ive now found a Loan guard payment plan that was running along side my mortgage. Can i now go back and try again for the PPI?
Also Littlewoods Personal Finance Credit Card Says i was paying an unknown Insurance to me ADI
which i had no idea i was paying. Can i complain about this? or is this not classed as mis selling
Any help would be much appreciated