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PPI Reclaims not covered by the FOS

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  • Hi everyone

    We've heard from people concerned some of the responses on here are incorrect. As ever, please do your own research as we can never guarantee the information given by the public on our Forum is correct.

    Remember, though, many questions are answered in our Reclaim PPI Loan Insurance and Reclaim Credit Card PPI guides.

    Andrea :)
    Could you do with a Money Makeover?


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  • di3004
    di3004 Posts: 42,579 Forumite
    Re: Genworth

    I'm vaguely aware of who they are. Genworth Financial are the insurance people that seem to in charge of a lot of these GE/Santander store card insurance policies. I don't know whether it's possible to claim against them if the others claim it's not their problem? I think I might have to look into it too lol. I'll try and post again if I find anything out!

    Hi there

    I have been given the details of the FLA, from Santander as like your own case they were not regulated when the policy was taken out (GE), however, they have also forwarded me details of the Underwriter Genworth if I need to write to them.

    Going the underwriter direction can be more difficult, as they will state they were not present at the same of the policy, but they still have responsibilities of when the policy was sold to you, the details after the same are always forwarded back to the underwriter.
    I will of course rule out the FLA first, and take it from there, if it fails, even though it can take some time, I will then try the underwriter.
    I have recently became aware of some succcess going this direction, although it will also depend on the individual's case.


    For example - some info on researching the web........

    It is understood that Underwriters/Insurers do have a liability when Insurance products are sold, even if they were/are not present at the selling of the product.

    The duties of the Underwriter include, evaluating an individual before issuing an Insurance policy.

    It is a very important duty that an Insurance Underwriter must perform, must analyse the client's risk before issuing the policy, for example, such as Current Health Problems.

    Underwriters/Insurers should analyse Insurance Applications determine whether they should be accepted or rejected.
    The one and only "Dizzy Di" :D
  • MSE_Andrea wrote: »
    Hi everyone
    We've heard from people concerned some of the responses on here are incorrect.
    I have had a look through the 12 months leading to this post.

    They only responses (as opposed to queries) on this thread are from Roonaldo, DunsonH, Moneyineptitude, Amersall and me.

    They all seem to be correct.

    I note what Di has subsequently posted but the quotes given are not referenced so I cannot tell the validity of them.

    And, no matter what the FOS callcentre may say, it is very unlikely to accept a complaint against an insurer for the actions of an intermediary that was not its appointed representative.

    I have given one scenario where I think it would do but that is only because of a specific failing by the insurer.
  • di3004
    di3004 Posts: 42,579 Forumite
    Hi

    I will be happy to delete the posts made, if it's in regards of the Underwriter/insurer by all means.

    As this is the thread where you cannot forward your complaint onto the FOS, but other alternatives if this is the case.
    This avenue's been suggested by the FOS on failing reclaims, such as if the business were not for example regulated, FSA etc...

    I do think though it's always best to research yourself before taking this action, and see what is suggested to you, as it may be yet a different avenue.

    Please do let me know though if any of my posts have been an issue here, not a problem, cheers. ;)
    The one and only "Dizzy Di" :D
  • Missyblue
    Missyblue Posts: 5 Forumite
    edited 12 October 2012 at 9:11PM
    FOS will investigate complaints for misselling of pre 2005 PPI on storecards. I was turned down by Santander , who referred me to the FLA. As I was unable to contact them I rang the FOS and they suggested I refer my complaint to the underwriter .

    When the underwriter referred me back to Santander saying they were not responsible , FOS took on the complaint. It has been with the FOS for nearly 12 months now.
    So expect a long wait!
  • roonaldo
    roonaldo Posts: 3,420 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    di3004 wrote: »
    ..

    It is understood that Underwriters/Insurers do have a liability when Insurance products are sold, even if they were/are not present at the selling of the product.

    sort of true but not in the detail you are implying, the only thing they really have responsibility to do is to ensure they receive applications from people that are eligible for the PPI. ie. not accept PPI from people over 65, unemployed and perhaps people living outside the UK. People with per-existing medical conditions can still claim on the policy. The insurers liability extends to making it clear in the documentation they will be excluded.

    If someone makes a complaint to the underwriter and ive seen them, it needs to be relevant to the underwriter. I've seen ones where they say they were not told it wasnt optional- nothing to do with the insurer (the insurer is not selling the mortgage, loan or any kind package, so have no influence of what the sales person may verbally tell someone). They were pressured- nothing to do with the insurer (like before). They had sick pay- again nothing the insurer can do about that (the insurer never met the customer nor does having sick pay make a policy invalid)
  • roonaldo
    roonaldo Posts: 3,420 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Missyblue wrote: »
    FOS will investigate complaints for misselling of pre 2005 PPI on storecards.
    Actually they wont, if its not under their jurisdiction they wont, it will never reach an adjudicator. They have simply only logged your complaint and forwarded it on to insurer, the insurer has probably forwarded it on to the seller. Each firm will have 8 weeks to investigate the complaint (if not already) and the process starts again. They are going round and round in circles.
  • in 2001 my husband took out a loan for £7750 for a car.we took the loan out via the phone.we imformed them my husband was self employed but they said we wouldn,t be able to have the loan with out taking out the ppi.it was totally useless to use but we felt pressured into taking it as we needed the loan.we,ve recently contacted allience&leicester(santander) but its been eight weeks and we have had no response any ideas what we should do next?
  • di3004
    di3004 Posts: 42,579 Forumite
    patchpatch wrote: »
    in 2001 my husband took out a loan for £7750 for a car.we took the loan out via the phone.we imformed them my husband was self employed but they said we wouldn,t be able to have the loan with out taking out the ppi.it was totally useless to use but we felt pressured into taking it as we needed the loan.we,ve recently contacted allience&leicester(santander) but its been eight weeks and we have had no response any ideas what we should do next?

    Hi there
    Give them a few days, say mid of the week, then contact them, it could be that due to backlogs, if was just over 8 when we heard.
    Good luck.;)
    The one and only "Dizzy Di" :D
  • njc12
    njc12 Posts: 130 Forumite
    Hi I am looking for some advice re Central Trust please. They have replied to say that as the loan was taken more than 6 yrs ago it is statute barred and is not covered by FSA, GISC or ABI :(

    Is there anything that I can do?

    njc12
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