FSO Advice please...

SAW3

To set the scene:
Wife and I took out a joint mortgage in 1985. I was mis-sold a PPI policy on the mortgage in 1987. Policy was in my name only. Wife and I separated in 1993. Mortgage transferred to my name from 1994 until 2006 when it was closed. PPI continued in my name until 2006. I have no idea where ex is now. Have submitted all relevant documentation to support my claim. Mortgage Lender has rejected my claim. Took my case to the FSO. FSO are agreeing with Lender and saying they won't look into my complaint because the mortgage was taken out in joint names and they require my ex to sign the complaint form even though ex wasn't on the PPI policy.

This can't be right surely? Any advice and guidance would be much appreciated.

Nearlyold

You mean FOS not FSO.

What were you complaint reasons and what reason did the lender give to decline your complaint. What reason did FOS give for agreeing with the lender. Has the case been seen by an Ombudsman at the FOS or have you only had an adjudicators decision thus far.

If the policy was solely in your name you should not need your ex to sign the complaint form.

Was it definitely a PPI policy and not life cover/CI/PHI? If you thought you were mis-sold the policy in 1987 why did you keep paying the premiums until 2006?

dunstonh

Mortgage Lender has rejected my claim.

It isn't as if you expect an MPPI complaint to be upheld. Most are not.


What were your complaint reasons and why did the bank reject it?
And why do you think the bank rejection is wrong?

Its actually quite impressive having an MPPI policy from 87 (not that it was called that back then). That was barely after they started becoming available. It made really good sense given the lack of mortgage support at the time and the state of the economy. Despite that, most people still only bought life assurance.

FSO are agreeing with Lender and saying they won't look into my complaint because the mortgage was taken out in joint names and they require my ex to sign the complaint form even though ex wasn't on the PPI policy.

How can the FOS agree with the lender if they are not going to look into it?

SAW3

Definitely a PPI policy. Have the mortgage statements and record of PPI payments made.

I was not aware that MPPI complaints are not normally upheld.

Never really thought about PPI as it was part of the mortgage hence ongoing payments to 2006. Only discovered details earlier this year in respects of policies being mis-sold.

Complaint reasons were mis-selling as we got a home improvement loan in 1987 added to mortgage and were told we needed the policy. Policy was on mortgage not home improvement loan. I didn't need policy as was able to cover mortgage in event of unemployment etc.

FOS states 'before we can look into the complaint we need the consent of all eligible complaint via signature on our complaint form. As the mortgage was taken out in joint names we would require the second person to sign the complaint form even though they were not named on the PPI policy'

Communication is from an Adjudicator

Policy was in my sole name and have the original document to that effect

Have to make a response. Want to continue to fight this.

dunstonh

Complaint reasons were mis-selling as we got a home improvement loan in 1987 added to mortgage and were told we needed the policy.

The sales environment hadnt started back then. There used to be deals that required the insurance purchase to get the deal. That is allowed. It is only when they lie that it is not. However, even when they did lie, its a difficult complaint reason to get it upheld as there is usually no evidence to support that allegation. Its not a reason that you expect to succeed on (in respect of that particular point)

FOS states 'before we can look into the complaint we need the consent of all eligible complaint via signature on our complaint form. As the mortgage was taken out in joint names we would require the second person to sign the complaint form even though they were not named on the PPI policy'

So, they havent agreed with the lender. They are just refusing to look at it. They have been taking that stance for a while now.

SAW3

I have sent the FOS copies of annual mortgage statements from 1988/1989 to 2004 showing monthly PPI payments.
Regardless - they are saying they can't proceed because the Mortgage was initially in joint names despite the PPI policy always being in my sole name. This is the bit I am looking for advice on - whether this is a legitimate reason for the adjudicator to not proceed with my complaint.

dunstonh

This is the bit I am looking for advice on - whether this is a legitimate reason for the adjudicator to not proceed with my complaint.

Some lenders (but not all) and the FOS take that stance. No-one has challenged it in the courts. So, until a ruling in the courts occurs, this is the position.

SAW3

Thanks for your time and advice. Guess its not worth the effort to pursue then?

dunstonh

SAW3 wrote: »

Thanks for your time and advice. Guess its not worth the effort to pursue then?

The FOS have a very slight consumer bias. They act on cases of law and fairness to the consumer. So, if they say that they cannot do it, then you pretty much know its over.

SAW3

Thanks again. Still feel their reason is so wrong given that policy is in my name, nothing to do with a joint mortgage, especially as wife was off the mortgage from 1993.

dunstonh

SAW3 wrote: »

Thanks again. Still feel their reason is so wrong given that policy is in my name, nothing to do with a joint mortgage, especially as wife was off the mortgage from 1993.

Were the premiums standalone monthly direct debit or taken from the mortgage?