Bank have later date for ppi

Uncle_Cuddles

Hi there. I have made a claim recently for ppi using resolver. Claim dates from my first mortgage in 1997 which the advisor insisted I took out in order to get the mortgage. The bank have been in touch to say that the under writer has provided payment records going back to 2000, which coincidentally was taken out on the third anniversary of me taking out the mortgage. This is obviously the wrong date as there are absolutely no circumstances where I would have taken out ppi 3 years to the day after taking out my mortgage. I have asked them to source the application or form, direct debit or whatever to prove that I took the policy out in 2000, and they have in turn asked me to prove I took it out in 1997. I am struggling to find anything. All I have found is a policy pamphlet, a bank statement from 2001 showing the premium, and the cancellation letter when I switched mortgage providers (who forced me to start a new ppi which I have already claimed for). I also found an envelope which I had scribbled “mortgage protection cover” which had nothing in it, but which was postmarked the month after I completed the mortgage.

So is the onus on me to prove I took it out in 1997, or should they do the work?

I only had the policy for 7 years, so the missing 3 years will virtually half the settlement.

[Deleted User]

Uncle_Cuddles wrote: »

So is the onus on me to prove I took it out in 1997

Of course.
You are the one making the accusation and so you have the burden of proof.
Think about this logically for a moment;
If I said you owe me £1000, should I have to prove that or should you have to prove that you don't owe me?

The_squirrell

"So is the onus on me to prove I took it out in 1997"


Indeed it is. The Lender has an obligation to stick to its document retention periods. You however can keep things for as long as you think would be useful.

SonOf

Claim dates from my first mortgage in 1997 which the advisor insisted I took out in order to get the mortgage. The bank have been in touch to say that the under writer has provided payment records going back to 2000, which coincidentally was taken out on the third anniversary of me taking out the mortgage.

Did you have a three year deal on the 1997 deal? Each deal is a mortgage in its own right. The latest deal supercedes the earlier one. So, records on the earliest deal dont need to be retained any longer than is necessary. So, that may explain why records do not exist.

Also, its possible that it was sold on the purchase of a new deal but not at the commencement of the original mortgage.

I have asked them to source the application or form, direct debit or whatever to prove that I took the policy out in 2000, and they have in turn asked me to prove I took it out in 1997.

As you are the one making the allegation, the onus falls you on you.

. I also found an envelope which I had scribbled “mortgage protection cover” which had nothing in it, but which was postmarked the month after I completed the mortgage.

Mortgage protection cover is also a term that refers to mortgage life assurance. Could that be a potential mix up?

Uncle_Cuddles

SonOf wrote: »

Did you have a three year deal on the 1997 deal?

No, it was a 5 year fix. I definitely took it out when I took out the original mortgage. They have given me the name and contact details of the underwriter and suggested I call them directly.

I spoke to a friend whose wife happens to be a PPI claim handler. She told me to put in a subject access request to get a copy of my original application, if indeed I applied for it in 2000.

Anyway. I will let you know how I get on.

Uncle_Cuddles

SonOf wrote: »

Mortgage protection cover is also a term that refers to mortgage life assurance. Could that be a potential mix up?

No, it was an endowment mortgage. I have separate life insurance taken out when I took out my 2nd mortgage which was a repayment mortgage. I normally keep important documents in the envelope they come in and scribble what they are on the fron, so the endowment has “mortgage endowment” on the front, life insurance has (you’ve guessed it) “life insurance” on the front. I just don’t know what I have done with the document that came in that envelope...