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PPI Reclaims not covered by the FOS

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  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    1,000 Posts Combo Breaker
    edited 30 August 2012 at 9:31PM
    67lkj89 wrote: »
    I had ppi on a car loan taken out in 2002,not told that I didn't need it as I had income protection in place no one asked me.Anyway to cut a long story short I rang up the ombudsman as I knew car dealership not covered,they said to find out who the underwriter was and file a complaint against them.which I will be doing.Not sure if this info' might help anybody.
    The underwriter is likely to respond to the effect that they are not liable for the actions of an intermediary - which is correct.

    Who was the underwriter, though - and did they subscribe to the GISC code?
  • dunstonh
    dunstonh Posts: 119,660 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Anyway to cut a long story short I rang up the ombudsman as I knew car dealership not covered,they said to find out who the underwriter was and file a complaint against them.

    It should be noted that the telephone staff at the FOS are not qualified and are not adjudicators or ombudsman. What they are telling you is a bit of punt that may actually work out in the end in a very small number of cases due to the regulatory position of the insurer at the time and the company that sold it. It is a niche situation. However,the FOS seem to be sending everyone down that route without really making it clear that it only applies in a small number of cases.

    Certainly worth a look but don't get your hopes up.
    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.
  • Hi I'm new to this this so not really sure what im doing :)

    Okay where to I start, I took out a loan with Swift Advance through a broker called Kozee Homes with PPI had not asked for in 2003, the loan was for £20'000 but paid off early in 2006, looking to claim back but have now found out Kozee loans have gone out of business, Swift wont have anything to do with it cause saying its nothing to do with them even though on agreement they state it as Swift Protection Plan and FOS, FCS as before Jan 2005 when they were regulated, I have done a bit digging and found the insurance company for the PPI this is Premier Writers, how do I stand claiming against them as surely they would have known what Kozee was up to with the mis- selling? :EasterBun
  • dunstonh
    dunstonh Posts: 119,660 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hi I'm new to this this so not really sure what im doing :)

    Okay where to I start, I took out a loan with Swift Advance through a broker called Kozee Homes with PPI had not asked for in 2003, the loan was for £20'000 but paid off early in 2006, looking to claim back but have now found out Kozee loans have gone out of business, Swift wont have anything to do with it cause saying its nothing to do with them even though on agreement they state it as Swift Protection Plan and FOS, FCS as before Jan 2005 when they were regulated, I have done a bit digging and found the insurance company for the PPI this is Premier Writers, how do I stand claiming against them as surely they would have known what Kozee was up to with the mis- selling? :EasterBun

    The PPI issue is not about the product. The product is fine. It is about how it was sold. You are complaining that the broker sold it incorrectly. However, the broker no longer exists and it was sold prior to regulation (2005). So, you have no-one to complain to.

    it is game over.
    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.
  • chipbeck
    chipbeck Posts: 1,372 Forumite
    1,000 Posts Combo Breaker
    Brummie70 wrote: »
    I've got a Debenhams store card through Santander & trying to reclaim my PPI. I didn't remember signing or seeing a section on the agreement for PPI, and don't remember being asked any questions before taking out the PPI or the PPI costs / benefits being explained to me.
    Santander have sent me a copy of the agreement showing my signature agreeing to the PPI & telling me a policy summary & document was mailed to me for review. They also mentioned that they offer a 30 day no quibble guatantee where the PPI could have been cancelled. I've still got a copy of my original agreement from 2003, but don't have any recollection or record of the policy summary & document.
    They also mention that the insurance was cancelled in 2009, but I have seen a 'Payt Protect' quoted on my January 2012 statement?
    Santander have advised that they are not up holding my claim of miss-selling, & said if I am still dissatisfied I should refer my complaint to the Finance & Leasing Association?
    Does anyone know who they are? and why Santander have not referred me to the Obudsman?
    Is it worth pursing?
    Appreciate any advice please in the best approach of pursing this.


    Pretty much the same scenario as my wife. I tried a year or so ago when GE had the Debenhams accounts without success. FOS told me no chance in effect even though the only documentation we (and GE) have clearly shows no tick in the PPI wanted box. GE just said the wife had agreed to PPI on the phone at a later date but they had no proof of that. I think I may try one of these PPI claiming firms (I'll take the flak) as I got nowhere.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    chipbeck wrote: »
    I think I may try one of these PPI claiming firms (I'll take the flak) as I got nowhere.
    Leaving aside the issue of using a CMC, you only get one chance to complain so you won't be able to employ a claims company at all!
  • Hi
    I got directed here by a fellow MSEr
    My partner had car finance took out in 2003 and paid off in 2007.
    Had letter back from 'Flemings' saying

    "Based on my review of your concerns I regret to inform you that I have been unable to uphold your complaint that the PPI policy was mis-sold for the reasons you gave."

    "You were provided with all the relevant information in order to make an informed choice, before deciding to purchase the cover"

    "Finally, I would add that your purchase was prior to the sales of general insurance products being regulated by the FSA in January 2005 and as such, the Financial Ombudsman Service (FOS) has no jurisdiction in handling this complaint."

    "Fleming Brothers Limited were not previously a member of GISC"

    "Please accept this as our final response on this matter. FOS referral rights do not apply."

    And it is just signed off by 'Dealer Principal'

    I was told this means its a dead end but could pursue the insurer? what does this mean please?
    Thank you
    Mum of 2 Under 5s
    Now working woop woop.:D DIY store - Loving it!
    In Debt:( Just under £16,000 CCCS recommended Bankruptcy...On token payments for now.

    PPI Reclaimed LLoyds TSB 19/09/12 £1915.96
  • di3004
    di3004 Posts: 42,579 Forumite
    Hi
    I got directed here by a fellow MSEr
    My partner had car finance took out in 2003 and paid off in 2007.
    Had letter back from 'Flemings' saying

    "Based on my review of your concerns I regret to inform you that I have been unable to uphold your complaint that the PPI policy was mis-sold for the reasons you gave."

    "You were provided with all the relevant information in order to make an informed choice, before deciding to purchase the cover"

    "Finally, I would add that your purchase was prior to the sales of general insurance products being regulated by the FSA in January 2005 and as such, the Financial Ombudsman Service (FOS) has no jurisdiction in handling this complaint."

    "Fleming Brothers Limited were not previously a member of GISC"

    "Please accept this as our final response on this matter. FOS referral rights do not apply."

    And it is just signed off by 'Dealer Principal'

    I was told this means its a dead end but could pursue the insurer? what does this mean please?
    Thank you


    Hi there

    The Financial ombudsman service (FOS) recommend the underwriter/insurer avenue as another suggestion.

    You can write to the business and ask them to send you details in the post of the Insurer/underwriter, this booklet is not always something you receive with copies of your loan paperwork, but only if you were to make a claim from the insurer, for eg: sickness/unemployment etc.
    So they should send you this on request in the post.

    You can try pursuing these, and if this fails, and as they may have been regulated you can ask the FOS to take the complaint on. They will therefore check of any liabilities these have of when the policy was sold to you.

    Please be aware though, it may take some time, but worth a shot, good luck.;)
    The one and only "Dizzy Di" :D

  • Hi

    can anyone help brief outline just found out had a ppi on a mortgage back in2003 with the Woolwich for £127,000 pay ppi of £29.75.

    Moved houe in 2007 change our mortgage from woolwich to another lender butnever realised that ppi payments were being paig to Barclays bank Dublin.

    In Feb this year stopped the payment of £29.75 just found out that this wasa PPI after traking down through various way and Barclays Dublin confirmed ontelephone that this was infact a PPI on a mortgage they we know longer had.

    My question is how much should I be espection as a refund from them as thisis not a normal straight forward case.

    Thanks
  • dunstonh
    dunstonh Posts: 119,660 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    My question is how much should I be espection as a refund from them as thisis not a normal straight forward case.

    Between zero and premiums paid since you repaid the insurance. If you failed to cancel the insurance but continued to have a mortgage elsewhere and they covered that mortgage(as most, but not all, will do) then they have no reason to refund you anything.
    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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