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Halifax mortgage PPI rejected - lack of evidence

Ongoing battle with Halifax who have rejected my claim stating "it is more likely than not that the optional nature of the policy was verbally expalined to you in good time before the sale of yiur PPI policies was concluded".

I asked what evidence they have for this and I got nowhere with the claims handler.

I think I may appeal to the ombudsman as I absolutely know the optional aspect would not have been explained to me. Anyone come across this issue? What kind of evidence would they have available?

Comments

  • dunstonh
    dunstonh Posts: 120,215 Forumite
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    I asked what evidence they have for this and I got nowhere with the claims handler.

    They dont need evidence to show it was done correctly. That isnt how the law works or how the FOS works. The available evidence has to point towards a wrongdoing.
    I think I may appeal to the ombudsman as I absolutely know the optional aspect would not have been explained to me. Anyone come across this issue? What kind of evidence would they have available?

    The FOS reject most MPPI complaints.

    The FOS also look for wrongdoing just as Halifax do. In the absence of anything that suggests any wrongdoing, the complaint is usually rejected.

    What evidence do you have to show there was wrongdoing?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    They would have their policies and processes from the time.
  • ng1412
    ng1412 Posts: 43 Forumite
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    Sorry confused by your first para. They dont need evidence but any they do have must point to a wrongdoing? If they don't need evidence at all how do they come to conclusions? And how can anyone ever be successful.
    My evidence is that I recall being pressurised into buying the PPI. I couldnt afford to pay extra on top of my mortgage, I was 25 and earned not a lot.
  • dunstonh
    dunstonh Posts: 120,215 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Sorry confused by your first para. They dont need evidence but any they do have must point to a wrongdoing? If they don't need evidence at all how do they come to conclusions? And how can anyone ever be successful.

    Most people are not successful on MPPI complaints. Most loan PPI complaints are successful due to issues with loan PPI. Around half of Credit Card PPI complaints are successful. Mostly due to eligibility issues and a lower quality of PPI than MPPI.

    MPPI is still retailed today. Its one of the good types of PPI and monthly standalone direct debit is how it should be set up. So, straight away, it has fewer "product" problems.

    Most people have a financial need for MPPI. It is a long term secured debt with lifestyle changing consequences if it goes unpaid. Unlike credit card/loan. So, as long as you are eligible for the cover and there is no evidence that points towards a possible missale, then there is no reason to uphold your complaint.

    They dont need evidence but any they do have must point to a wrongdoing? If they don't need evidence at all how do they come to conclusions? And how can anyone ever be successful.

    If nothing suggests a wrongdoing then they are not successful.
    My evidence is that I recall being pressurised into buying the PPI.
    1 - that is not evidence. It is an unproveable allegation.
    2 - sales pressure is allowed. its called disturbance and is actually recommended as the person is required to make you aware of consequences . Its whether it crossed the line or not.
    3 - if it crossed the line, then there is still unlikely to be any evidence of this. However, credibility comes into play. Someone complaining about a pressure sale in the months after the sale is considered credible even if there is no evidence. Someone complaining about a pressure sale years or decades later does not have that credibility.
    I couldnt afford to pay extra on top of my mortgage, I was 25 and earned not a lot.
    Which actually supports the case for having MPPI. It is not a complaint reason. How would you have paid the mortgage if you became ill or lost your job. If you can barely afford it whilst working then you are totally lost if you were not working. So, you had a financial need for it.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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