First attempt to claim kicked out

Sunnie15

Hi

I can honestly say that I am finding the process confusing and overwhelming. I've read and re-read everything here and I thought I would dip my toe in the water with a PPI that I know is worth only pennies. It was taken out in 2003 and at that time I was working less than 16 hours a week but local government so 6 month full pay, it was with ACE cards and I never owed more than £50 or so and husband had a very good salary with 6 months full pay as well. There is no way I would have willingly taken this policy out. It was necessary, I wonder if it was an opt out thing rather than an opt in?
Anyway got an email back straight away and this is what it said among other things.
'The sale of the insurance policy

The policy was sold prior to 14 January 2005 which was the date when general insurance contracts became regulated and had to meet standards set out by the regulator. Prior to this date, there was no statutory (legal) duty for us to assess your needs and suitability for the policy.

The disclosure of commission

At the time of sale, there was no statutory obligation for us to disclose commission to you. Whilst the regulator imposed minimum standards of conduct on the sale of insurance policies from 14 January 2005.'

Am I likely to get similar from all companies? I am guessing this is a way to wriggle out of any liability.

Thank you for any suggestions.

[Deleted User]

It's not a way of wriggling out of liabilities, if they are not liable before that date.

dunstonh

I am guessing this is a way to wriggle out of any liability.

No. Its not a wriggle. Its a fact.

If the firm was not a member of an earlier body prior to January 2005 and only became regulated after 14th January 2005, then they are not required to consider your complaint.

The Plevin ruling would only apply if the card still existed in 2008. If not, then that does not apply. Pre-regulation complaints are still subject to Plevin if the debt existed in 2008. So, their response on that point could be wrong unless the debt was closed by 2008.

Am I likely to get similar from all companies?

Depends on whether they were a member of an earlier body not.

Sunnie15

Thanks, I understand and its very helpful. The company tell me I had the policy until 2013 but as far as I was concerned it was paid off by 2005 at latest and the fact that it wasn't used in 2008 - ie I had no money owing makes me ineligible for Plevin.

dunstonh

Sunnie15 wrote: »

Thanks, I understand and its very helpful. The company tell me I had the policy until 2013 but as far as I was concerned it was paid off by 2005 at latest and the fact that it wasn't used in 2008 - ie I had no money owing makes me ineligible for Plevin.

Is this a credit card or a loan?

If a loan, then a nil balance at 2008 means nothing from Plevin. If a credit card, then it doesnt matter if the balance was nil. The account was open in 2008 is what matters. So, Plevin should apply.