We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Unreadable paperwork

Looking for any advice if anyone has had a similar experience.

I've had a negative decision from the FOS adjudicator on a PPI claim that dates from 2002. They have based their decision on the original application 'clearly' showing acceptance of the scheme. The problem I have is the paperwork on which they rely is literally an unreadable scan that has no discernible text on it no matter how you zoom in. Only the large handwritten name, address & signature can be made out.

Their logic is that it looks like others they have seen before and the signature looks to be in the same place so it must be legit!

Surely this can't be binding?

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,383 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It surely can, unless you have evidence that your agreement was different to the other hundred of thousands that were printed.
  • dunstonh
    dunstonh Posts: 120,891 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Surely this can't be binding?

    Why not.?
    Their logic is that it looks like others they have seen before and the signature looks to be in the same place so it must be legit!

    That seems reasonable.
    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.
  • Bermonia
    Bermonia Posts: 977 Forumite
    500 Posts
    Seems completely reasonable... if lender had been unable to locate the original then they and FOS would’ve relied solely on a sample copy so same outcome.

    You of course do not have to accept the decision and may take your case to court - I would not advise this though.
  • Nasqueron
    Nasqueron Posts: 11,168 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    The rules on a SAR and indeed, copies of old data for these purposes, mean the paperwork does not have to be clear and comprehensible if there is no better copy available. They have provided a copy of their old form which you apparently signed to say you wanted PPI, hence the evidence is that you agreed to it. What evidence did you provide you did not want it that could counter that? If you did not want it, why did you sign or it or not cancel it immediately?


    Remember the burden of proof is on you, you need to show this was not the right paperwork or that you didn't agree to it.

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • -taff
    -taff Posts: 15,559 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It was binding in 2002 when you signed it. If you couldn't read it then, why didn't you say something?
    Are you suggesting the bank have made up a new illegible copy and have forged your name and signature on it?
    Non me fac calcitrare tuum culi
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 353.5K Banking & Borrowing
  • 254.2K Reduce Debt & Boost Income
  • 455.1K Spending & Discounts
  • 246.6K Work, Benefits & Business
  • 603K Mortgages, Homes & Bills
  • 178.1K Life & Family
  • 260.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.