PPI Reclaims not covered by the FOS

dunstonh

multidebt wrote: »

Hello, Just about to start a claim on Santander/GE for an account started in 199*. Having read a lot about pre regulation accounts, I thought I might try a court claim under unfair business practice or similar. Has anyone tried this please? And, if so was it successful? Any views welcome. Thanks. multi

The PPI issue is largely an FSA one. Not a legal one. There are very few successful cases in court. Even the likes of Black Horse where the FOS overrule on 90% of cases have won in court.

Also, there is a 15 year time bar that can be applied on court cases.

PersistentClaimer

I have been very disappointed with the response received from Marks and Spencer Money. I have had a card with them since first introduced in 1985. At that time PPI was added automatically. I have been in correspondence with them regarding the mis-selling which, unless I have all my statements going back to the very beginning, they will not accepted liability for the full period. I don't have them all! At this impass they then referred me to the Financial Ombudsman. This of course was completely abortive as M & S Money were not covered prior to 2005 and they would have known this! I therefore need to pursue the insurance companies who provided the cover, back to M & S! I always thought that M & S were an exemplar of good customer services. This experience has seriously dented my view of them as an organisation, I was expecting better.

This is completely different to my experience with Santander and the Debenhams card I had who paid out very quickly.

dunstonh

unless I have all my statements going back to the very beginning, they will not accepted liability for the full period. I don't have them all!

Its not an impasse. The requirement is for either yourself or the provider to have the records. If neither can supply them then they dont have to pay anything out for those periods.

At this impass they then referred me to the Financial Ombudsman.

The FOS position on complaints where the lender has agreed to pay out but cant supply full history is to pay out on what they can prove with credit cards.

I therefore need to pursue the insurance companies who provided the cover, back to M & S!

That wont work. They have no liability.

blessemall

Can anyone tell me please where i can get advice, without going to a claim handler when I took out many years ago "insurance" with Card Protection Plan where the first introduction to them came from the Yorkshire bank. CPP say that Yorkshire Bank is responsible and have refunded my current years subscription. BUT this goes back to 1977 and Yorkshire bank, without me having even approached them (presumably warned by CPP) tell me it is before the current judgement and therefore they don't owe me anything. I am sure that the second and subsequent 3 yearly payments were to CPP because i remember they were cheaper than the first payment through Yorkshire bank

T4TERZ

I have just started a claim against Creation Financial Services on behalf of my husband. He took out a store card years ago and doesn't remember ever being sold PPI. I have requested the CA from them to see what is on it but they haven't replied yet. How long do I wait before I fill in the questionaire? How long does it usually take for a Credit agreement to be sent? Has anyone ever had any experience with Creation? Do I cancel the PPI now or wait?

magpiecottage

blessemall wrote: »

Can anyone tell me please where i can get advice, without going to a claim handler when I took out many years ago "insurance" with Card Protection Plan where the first introduction to them came from the Yorkshire bank. CPP say that Yorkshire Bank is responsible and have refunded my current years subscription. BUT this goes back to 1977 and Yorkshire bank, without me having even approached them (presumably warned by CPP) tell me it is before the current judgement and therefore they don't owe me anything. I am sure that the second and subsequent 3 yearly payments were to CPP because i remember they were cheaper than the first payment through Yorkshire bank

Since the Banking Ombudsman scheme was not set up until 1986 (and the Insurance Ombudsman Bureau, the earliest of the FOS predecessors, did not start until 1980) FOS seems unlikely to have jurisdiction.

dunstonh

T4TERZ wrote: »

I have just started a claim against Creation Financial Services on behalf of my husband. He took out a store card years ago and doesn't remember ever being sold PPI. I have requested the CA from them to see what is on it but they haven't replied yet. How long do I wait before I fill in the questionaire? How long does it usually take for a Credit agreement to be sent? Has anyone ever had any experience with Creation? Do I cancel the PPI now or wait?

I'm confused by your post. You say you are have started a complaint but also say your husband doesn't remember being sold PPI. Yet you ask if he should cancel the PPI. This indicates you know he has it. So, why are you asking for the credit agreement?

T4TERZ

Sorry i'll make myself clearer...
My husband took a store card years ago but was unaware he had agreed to PPI.

He would not have taken this as it was inappropriate insurance for a number of reasons these being 1) unaware he had agreed to it, 2) not told about it, 3) wouldn't have agreed to it as we have jobs which mean we would never need this insurance, 4) his health problems which he has had since 16 (he's now 46) means the insurance would be inappropriate anyway & finally 5) store salesperson which is where he took the card out didn't discuss any of this with him.

When he became unable to administer his account in October I started to look after his account and found out that he had PPI. I requested the CA to see what he had agreed to in October and again in November, both requests have not been responded too. I have again sent off another request using the more formal letter on this site sent 29/12/12. The insurance is still ongoing as I didn't know whether I would be putting him in a worse position if I had cancelled it. I have also filled out the questionaire from this site ready to send. I wanted some advise on whether to cancel the PPI now? How long the company can take to respond to a credit agreement request and whether anyone else had experienced the PPI reclaims process with Creation.

dunstonh

T4TERZ wrote: »

Sorry i'll make myself clearer...
My husband took a store card years ago but was unaware he had agreed to PPI.

He would not have taken this as it was inappropriate insurance for a number of reasons these being 1) unaware he had agreed to it, 2) not told about it, 3) wouldn't have agreed to it as we have jobs which mean we would never need this insurance, 4) his health problems which he has had since 16 (he's now 46) means the insurance would be inappropriate anyway & finally 5) store salesperson which is where he took the card out didn't discuss any of this with him.

When he became unable to administer his account in October I started to look after his account and found out that he had PPI. I requested the CA to see what he had agreed to in October and again in November, both requests have not been responded too. I have again sent off another request using the more formal letter on this site sent 29/12/12. The insurance is still ongoing as I didn't know whether I would be putting him in a worse position if I had cancelled it. I have also filled out the questionaire from this site ready to send. I wanted some advise on whether to cancel the PPI now? How long the company can take to respond to a credit agreement request and whether anyone else had experienced the PPI reclaims process with Creation.

Why are you asking for a copy of the agreement? You dont need it but you are focusing on that point on holding things up.

I will give quick comments on these:

1) unaware he had agreed to it,
2) not told about it,
3) wouldn't have agreed to it as we have jobs which mean we would never need this insurance,
4) his health problems which he has had since 16 (he's now 46) means the insurance would be inappropriate anyway & finally
5) store salesperson which is where he took the card out didn't discuss any of this with him.

1) so when he started paying the PPI premium, why did he note raise it then?
2) same as 1)
3) is your husband exempt from illness?
4) could be an issue if the health conditions are severe enough. However, most people assuming they would not be covered at all due to a pre-existing condition are wrong.
5) how do you know? He cant recall having it. So, how can he recall what was or wasnt said? its an unprovable allegation anyway.

As I just said on another thread with reasons listed, I am not attempting to deter a complaint. Just highlighting the weakness in some of the reasons given and issues that can apply when viewed by a complaints handler. A high proportion of complaints pay out on PPI due to luck. (e.g. auto payout due to volume or the provider has mislaid or never had required documentation). So, even the most basic complaint with no evidence or reason can succeed sometimes. Good solid reasons help reduce your reliance on luck. Make sure the illness information is well documented and correct. Be aware that some providers will ask for GP evidence. Dont guess answers or lie. If you are caught, you lose your credibility and very may decisions are based on credibility with the most credible side winning the complaint. Dont be afraid to say you cant remember something rather than guess or make it up.

F.O

It has been nearly two years that a PPI claims company collected all my documents to claim mis-sold PPI for me, and since then no one bother to call or get intouch with me for a feedback.
Is this normal and how long for a claim to come through, l will like someone to please advice me more on this.