PPI Reclaims not covered by the FOS

skintmumof2

di3004 wrote: »

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.;)

Thank you

So I am writing back to Flemings to request details for who the insurer/underwriter of the insurance was with and then pursue it with them?
Ok, Thank you will try that and see where i get.

plantsave

dunstonh wrote: »

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.

The ONLY thing is we never knew we had a PPI on a mortgage we were fully aware of a ppi on our loan knew about this product on our mortgage so how do we stand as never knew we had this until I looked into this Feb this year, also when we moved our mortgage it was upped by over £100t so I guess any ppi would not have covered the outstanding Mortgage

dunstonh

plantsave wrote: »

The ONLY thing is we never knew we had a PPI on a mortgage we were fully aware of a ppi on our loan knew about this product on our mortgage so how do we stand as never knew we had this until I looked into this Feb this year, also when we moved our mortgage it was upped by over £100t so I guess any ppi would not have covered the outstanding Mortgage

Extremely weak complaint reason. Effectively an unprovable allegation from you that I would expect to be rejected unless you can a) prove it or b) it is under the floor limit and they auto pay out or c) there is another failing.

magpiecottage

jocritchard wrote: »

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

I have got something here.

Kozee Homes (aka Kozee Loans) was a trading style of one Gary Gibson who appears on the FSA register under reference GXG01198 (not to be confused with a Gary George Gibson).

At the time of the sale of the policy, he was an Appointed Representative of Zurich but only in respect of pensions and investments - so Zurich has no liability.

However, in December 2004 he became directly regulated by the FSA - which in turn means that he must answer any complaints about sales covered by the General Insurance Standards Council Code in accordance with the FSA's DISP rules.

In 2006 he formed Kozee Homes Limited and dissolved it in 2009. This does not matter to you because the liability predates the formation of the company and he was personally authorised by the FSA.

However, to complain you must first find him.

The other line you could take is to check with FOS to see if he (or Kozee Homes subscribed to the GISC Code.

If not then ask if the insurer did. If they did and he didn't then you have grounds for complaint against the insurer because insurers who subscribed to the Code were not supposed to accept business from intermediaries who didn't.

magpiecottage

skintmumof2 wrote: »

"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."

Actually, the Financial Ombudsman Service will decide that for themselves!

I suggest you first determine who the insurer was then ring FOS (0300 123 9 123) and check if they subscribed to the GISC code at the time. (FOS has a database of this).

If the insurer did subscribe then it should not have accepted business from Flemings if they did not. That would give grounds for complaint against the insurer.

plantsave

dunstonh wrote: »

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.

Sorry did not make myself clear.

Insurance was not paid in full as still paying this until feb 2012 because know one would tell me what this was for unable then to find a contact number so stop payment of £29.75 since then found out that this WAS A PPI WHICH WE NEVER EVER KNEW I HAD. Barcylays Bank Dublin agreed last payment made 28.02.12 on Mortgage as of 29.09.2003 so how could I have stop this direct debit which I thought belong to PPI with First plus ( loan which I HAD) we never agreed to a PPI on Mortgage at any time we claim that this was mis sold to us, First plus have already agreed mis sold on loan and paid us back £5000

surely if I neve knew I had this and made monthly payment I should at least get them back?

magpiecottage

plantsave wrote: »

Insurance was not paid in full as still paying this until feb 2012 because know one would tell me what this was for unable then to find a contact number so stop payment of £29.75 since then found out that this WAS A PPI WHICH WE NEVER EVER KNEW I HAD. Barcylays Bank Dublin agreed last payment made 28.02.12 on Mortgage as of 29.09.2003 so how could I have stop this direct debit which I thought belong to PPI with First plus ( loan which I HAD) we never agreed to a PPI on Mortgage at any time we claim that this was mis sold to us, First plus have already agreed mis sold on loan and paid us back £5000

surely if I neve knew I had this and made monthly payment I should at least get them back?

Presumably your mortgage was with Barclays in the UK (or possibly Woolwich who they own) as nobody else is likely to sell a Barclays PPI policy.

That being so, you need to complain to them.

However, if a direct debit was coming out every month from 2003 to 2012, it seems very unlikely that you would not know about it - and you could always have cancelled it with your own bank. So that angle sounds implausible.

In addition, it is unlikely that your bank would have allowed a Direct Debit to be set up without some kind of mandate (although it sometimes happens). So I think it is probable that such a document exists, or existed and that you signed it (albeit that you have now forgotten).

Then the policy was a monthly premium providing protection in the event that you could not meet your mortgage payments. At the time, the Mortgage Code Compliance Board advocated offering it in all cases - and getting borrowers who refused to sign a disclaimer to that effect.

So I think your case is very weak.

skintmumof2

magpiecottage wrote: »

Actually, the Financial Ombudsman Service will decide that for themselves!

I suggest you first determine who the insurer was then ring FOS (0300 123 9 123) and check if they subscribed to the GISC code at the time. (FOS has a database of this).

If the insurer did subscribe then it should not have accepted business from Flemings if they did not. That would give grounds for complaint against the insurer.

Thank you for that information.
I have wrote a letter to ask for insurer details and to say that I will not accept their letter as closure on my complaint, that i still require their help providing insurer information etc.

1Brambo50

Hi, I am trying to sort out a PPI claim for my sister in law that was taken out in 1993 through Rackhams which became House of Fraser and ultimately Santander. (Store Card)

Santander have rejected the claim on the basis that the industry was not regulated in 1993. They have pointed us to the FLA and the Ombundsman is saying that the point of the contract - ie 1993 was the point that we should persue and they have no jurisdiction at that point in time.

Clearly this all sounds like a fob-off - surely when Santander became regulated and under the governance of the FSA they took ownership of the contract and as such the T's & C's of the FSA?

My question is- has anyone had any success in challenging this decision in similar circumstances.

I feel we are being fobbed off and sent to the FLA (Financial Leasing Authority) which we perceive as a toothless trade organisation with no effective authority.

Has there been any test cases that anyone is aware of, and has anyone had any success in complaining to the FLA?

The PPI product was and remains totally wrong for my sister in law and we wish to proceed further - but could do with some pointers?

Incidentally, as part of the complaint process Santander have decided that we no longer require the PPI insurance and cancelled the policy!!. This is even more outragoeus - at no point do they have our written or verbal authority to cancel the policy - they have made the decision that because we are complaining we dont want the cover. They are now above acting as their own judge and jury!

Shocking.

I would be really greatful for any hints & tips or how others have handled?

Thanks

dunstonh

Clearly this all sounds like a fob-off - surely when Santander became regulated and under the governance of the FSA they took ownership of the contract and as such the T's & C's of the FSA?

No. The key date if the one of the application. Whatever regulator, if one, that was in place at that time applies.

I feel we are being fobbed off and sent to the FLA (Financial Leasing Authority) which we perceive as a toothless trade organisation with no effective authority.

The FLA is not a consumer champion. It is not to support you or the company. It is there to make sure rules that were in place at the time of sale were followed.

Incidentally, as part of the complaint process Santander have decided that we no longer require the PPI insurance and cancelled the policy!!. This is even more outragoeus - at no point do they have our written or verbal authority to cancel the policy - they have made the decision that because we are complaining we dont want the cover. They are now above acting as their own judge and jury!

They do you permission. The complaint saying it wasnt wanted or needed is enough for them to cancel.