Can I claim PPI if I don't have the full account numbers

[Deleted User]

Kipnae wrote: »

Yes, they have rejected PPI and NOT mentioned Plevin at all. Their rejection letter did not offer any access to FOS either.

I think you'll need to post up exactly what was said in their "rejection" letter if you want informed comment on this.

If you actually had PPI and they rejected your complaint, they have to give reasons and inform you that you have the right to refer the complaint to the Ombudsman.
If they haven't done this, it's unlikely to be a mistake and more likely that you haven't told us the whole story.

So what exactly did they say?

Kipnae

Actually looking at their letter again there is an Appendix in which they have given their reasons of rejection AND mentioned a route to FOS.
Do you want me to post that entire appendix here?

They did phone me before I received this rejection letter in which I pretty much answered 'Don't know' to most of their questions. Including whether or not I "remembered being sold PPI"

cheers

KP

[Deleted User]

Kipnae wrote: »

Actually looking at their letter again there is an Appendix in which they have given their reasons of rejection AND mentioned a route to FOS.
Do you want me to post that entire appendix here?

No need to post anything else now, since the letter did give you access to FOS and the reasons for rejection. They won't have mentioned Plevin unless it was applicable to you, but no harm asking them about it..

Kipnae

HI,

So I've spoken to Halifax again this morning. They have not considered Plevin and they advise the "FCA Rules do not apply'.

This is mentioned in their rejection letter - an excerpt below:

"Based on the information available, I've reviewed your PPI mis-selling concerns, but I've not found a reason to uphold your complaint.

When we sold PPI, we did not inform you that we would receive a commission and a share of any related profits from the insurance company. The Financial Conduct Authority (FCA) has published final rules and guidance about how to assess whether the non-disclosure of the level of commission and profit share payable from the PPI premium created an Unfair Relationship. I've concluded that, due to the dates you held your loan, the FCA rules do not apply. I've therefore not reviewed whether the undisclosed commission and profit share created an Unfair Relationship during the sale of your PPI policy."

I asked them if they could review the 'undisclosed commission and profit share' but they said they would not do that. However, they advised that if I contacted the FOS they may be able to assist.

Where does all this leave me now?

regards
Iain

[Deleted User]

Kipnae wrote: »

Where does all this leave me now?

Moving onto more fruitful endeavours.

dunstonh

I asked them if they could review the 'undisclosed commission and profit share' but they said they would not do that. However, they advised that if I contacted the FOS they may be able to assist.

Where does all this leave me now?

Plevin applies only to debts regulated under the consumer credit act (so many mortgages are exempt). It also only applies to credit agreements taken out after April 2007. Or to credit agreements taken out before April 2007 as long as the debt was still outstanding on 6th April 2008.

In other words, if the debt was repaid before april 2008 then they are correct as Plevin does not apply.

I assume you know these dates and believe their application of the dates to be wrong. Otherwise, why would you ask them to review them again. But you dont say what is wrong.So, its hard for us to comment.

Kipnae

no, the loan was paid off in 2004. - so Plevin doesn't apply?

Am I not entitled to know what their commission was?

dunstonh

no, the loan was paid off in 2004. - so Plevin doesn't apply?

Correct. Plevin does not apply as the debt was repaid prior to the consumer credit act 2006 (with effect 2008).

Am I not entitled to know what their commission was?

No. The FCA never required disclosure in their rules and the consumer credit act changes in 2006 (to apply from 2008) is what the courts used in the Plevin ruling.

Kipnae

So we are done.

thanks for all your assistance.