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Acknowledged had PPI but claim it wasn't mis-sold?

This is the answer I have received back from Nationwide Building Society for a credit card that I had in 1997. I had a call from them about 10 days ago asking me questions about my claim, they didn't tell me that I had PPI against the card they just asked me some basic questions about where I had been working when I was using the card, did I get sick pay, and also did I have any savings at the time. I didn't think much of it as all of my other PPI claims with various other banks from over the years had all come back negative so I was also expecting this to be the same. So to receive a letter from them today saying yes you had it but it wasn't mis-sold was a real shock as I had no idea It was there. They say their findings are as follows: 1.The cover was requested 2. Eligibility to have the policy was checked and met. 3. Sufficient information was provided at the time to allow and informed decision to be made. I have no recollection of requesting anything and I know that I would not have requested any kind of cover. I never take warranties on products or services - can they somehow prove that I did? They go on to name the Company that I worked for at the time and confirmed that I would have received SSP if I was unable to work through illness. I allegedly also confirmed that I had no other means to make credit card repayments if I was unable to work and confirmed that I didn't have any health problems at the time. This is basically what the guy who called me 10 days ago asked me over the phone. The letter goes on and on but basically their decision is "they cannot agree the policy has been mis-sold or that I fall in to the criteria for non-disclosure of commission therefore no redress is due" I think they are trying to cover off 'Plevin' with the last bit. they have invited me to refer the complaint to the Ombudsman but I wondered if anyone could tell me if I had a case?

Thanks in advance.

Comments

  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You are the one complaining you were mis-sold so you need to show that you were.

    'I didn't know I had it' is not evidence. Your PPI would have been detailed on every statement issued so that is a weak argument.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 27 December 2019 at 3:27PM
    Jazzyj1889 wrote: »
    So to receive a letter from them today saying yes you had it but it wasn't mis-sold was a real shock as I had no idea It was there.
    You need to understand that it was never somehow "wrong" simply having Payment Protection Insurance (PPI). In order for it to be refunded to you it was necessary for you to show that it was somehow mis-sold to you.

    You failed to provide a compelling mis-selling complaint and the Bank have rejected your concerns.

    You are also not in line for a refund of undisclosed commission due to the Plevin Ruling, unfortunately.
    Jazzyj1889 wrote: »
    I have no recollection of requesting anything and I know that I would not have requested any kind of cover. I never take warranties on products or services - can they somehow prove that I did?
    Can you prove that you didn't? Their records obviously trump your (faulty?) memory of two decades ago. It's a myth sponsored by Claim Companies that PPI was routinely added without the knowledge and permission of the customer.
    Jazzyj1889 wrote: »
    they have invited me to refer the complaint to the Ombudsman but I wondered if anyone could tell me if I had a case?
    They haven't "invited" you to do any such thing. They've simply informed you of your right to do so if you feel the complaint has been unfairly rejected. Only if you can provide concrete evidence that the PPI was just added should you do so. Do remember that the PPI would have appeared on every monthly statement itemised on a separate line, so why are you only complaining about it twenty-three years later? :eek:
  • SonOf
    SonOf Posts: 2,631 Forumite
    1,000 Posts Fourth Anniversary
    they didn't tell me that I had PPI against the card they just asked me some basic questions about where I had been working when I was using the card, did I get sick pay, and also did I have any savings at the time.

    Those questions are asked to find out if you were missold or not.
    So to receive a letter from them today saying yes you had it but it wasn't mis-sold was a real shock as I had no idea It was there.

    Do you look at your credit card statements to see what you are paying?
    You get a monthly statement and PPi would appear on there if you are paying it. So, if you didn't realise you had it then it suggests you are being a bit weak on your money management. So, consider this a kick up the backside to improve.
    1.The cover was requested
    That will be from the application and indicates that you had to opt to have it.
    2. Eligibility to have the policy was checked and met.
    This is what the phone call would have covered. Looking to see if there were employer benefits that would have prevented pay out etc.
    3. Sufficient information was provided at the time to allow and informed decision to be made.

    This is a wishy-washy one as its hard to prove it wasn't given out.
    ? They go on to name the Company that I worked for at the time and confirmed that I would have received SSP if I was unable to work through illness.

    Most banks and building societies have built up a database of employer benefits over the PPI reclaiming period.
    . I allegedly also confirmed that I had no other means to make credit card repayments if I was unable to work and confirmed that I didn't have any health problems at the time.

    you say allegedly but forget that. This is a factual position. Did you or did you not have other means? (i.e. suffient cash savings?). Did you have any illnesses/health issues prior to taking it out?
    I think they are trying to cover off 'Plevin' with the last bit
    Correct. All rejected complaints have to consider plevin. Yours appears to be outside the criteria. Probably as its before the 2006 changes in the consumer credit act that Plevin relies upon.
    I wondered if anyone could tell me if I had a case?

    You haven't actually told us what your reasons for complaint are and what evidence or information you have available to support your complaint reasons.

    Remember that there is nothing wrong with having PPI. The whole issue is about the sales process or being ineligible or it being unsuitable. So, do you think there is anything wrong with their response?
  • BoGoF wrote: »
    You are the one complaining you were mis-sold so you need to show that you were.

    'I didn't know I had it' is not evidence. Your PPI would have been detailed on every statement issued so that is a weak argument.

    I honestly do not recall signing up to it so does that mean my claim would be invalid?
  • SonOf wrote: »
    Those questions are asked to find out if you were missold or not.



    Do you look at your credit card statements to see what you are paying?
    You get a monthly statement and PPi would appear on there if you are paying it. So, if you didn't realise you had it then it suggests you are being a bit weak on your money management. So, consider this a kick up the backside to improve.


    That will be from the application and indicates that you had to opt to have it.


    This is what the phone call would have covered. Looking to see if there were employer benefits that would have prevented pay out etc.



    This is a wishy-washy one as its hard to prove it wasn't given out.



    Most banks and building societies have built up a database of employer benefits over the PPI reclaiming period.



    you say allegedly but forget that. This is a factual position. Did you or did you not have other means? (i.e. suffient cash savings?). Did you have any illnesses/health issues prior to taking it out?


    Correct. All rejected complaints have to consider plevin. Yours appears to be outside the criteria. Probably as its before the 2006 changes in the consumer credit act that Plevin relies upon.



    You haven't actually told us what your reasons for complaint are and what evidence or information you have available to support your complaint reasons.

    Remember that there is nothing wrong with having PPI. The whole issue is about the sales process or being ineligible or it being unsuitable. So, do you think there is anything wrong with their response?

    As stated against another thread I have absolutely no recollection signing up for it that's all.
  • Jazzyj1889 wrote: »
    I honestly do not recall signing up to it
    That's not a valid complaint, especially a quarter century after the event. Obviously, the Bank's records show that you did request the insurance and this will have been backed up by every subsequent monthly statement.

    It really is a Claims Company myth that PPI routinely just added without the knowledge and permission of the customer.
    Jazzyj1889 wrote: »
    I have absolutely no recollection signing up for it that's all.
    Your "recollection" is not enough.
    Sorry.
  • You need to understand that it was never somehow "wrong" simply having Payment Protection Insurance (PPI). In order for it to be refunded to you it was necessary for you to show that it was somehow mis-sold to you.

    You failed to provide a compelling mis-selling complaint and the Bank have rejected your concerns.

    You are also not in line for a refund of undisclosed commission due to the Plevin Ruling, unfortunately.
    Can you prove that you didn't? Their records obviously trump your (faulty?) memory of two decades ago. It's a myth sponsored by Claim Companies that PPI was routinely added without the knowledge and permission of the customer.

    They haven't "invited" you to do any such thing. They've simply informed you of your right to do so if you feel the complaint has been unfairly rejected. Only if you can provide concrete evidence that the PPI was just added should you do so. Do remember that the PPI would have appeared on every monthly statement itemised on a separate line, so why are you only complaining about it twenty-three years later? :eek:

    Well when you put it like that I guess I have little grounds for the claim I just have no recollection of signing up to it - that's why I am complaining :(
  • That's not a valid complaint, especially a quarter century after the event. Obviously, the Bank's records show that you did request the insurance and this will have been backed up by every subsequent monthly statement.

    It really is a Claims Company myth that PPI routinely just added without the knowledge and permission of the customer.

    Your "recollection" is not enough.
    Sorry.

    Thanks for that..
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