Financial ombudsman GDPR

KazE

Need some advice please-

I'm currently compaining about mis-sold Mortage ppi(the main reason, the policy doesn't cover the term of the loan and I wasn't told this at the time) The Halifax said I wasn't mis-sold, it so I've complained to the FOS.

The problem is: I bought a house with my partner in 1997 and we had a joint mortgage and repayment protection insurance. We split up in August 2000 and the mortgage was transferred to my sole name. The insurance policy was also started again in my sole name.
The Halifax have said to the FOS, that they need my ex-partners signature before they can provide more information to the FOS because her name was on the mortgage at the time the policy was taken out.Due to GDPR regulations. Even though the ppi policy I'm complaining about is in my sole name and has nothing to do with my ex-partner. When the policy was taken out there was only about a week between me taking it out and the mortgage transfer to my sole name went through.

I have no way of contacting my ex. The break up wasn't amicable and I don't think if I even knew where they where they would sign it . As they are not entitled to anything if the FOS find I was mis-sold.

Does anyone have any advice about this? Are the Halifax just saying this? as I've had problems with them giving me dates that don't correspond with the documents I have.

Nearlyold

What "more" information were FOS asking for from Halifax?

What reasons did Halifax give for not upholding your complaint?

When you say the policy doesn't cover the term of the loan, do you mean the policy expired before the end of the mortgage or do you mean on a successful ill health/redundancy claim the policy would only pay out for 1 or 2 years at a time?

SonOf

I'm currently compaining about mis-sold Mortage ppi(the main reason, the policy doesn't cover the term of the loan and I wasn't told this at the time) The Halifax said I wasn't mis-sold, it so I've complained to the FOS.

Halifax only ever retailed monthly premium MPPI. Not single premium MPPI. So, its policy was not for a fixed term of the loan but open ended and would continue for as long as you paid premiums or you were told old to have cover. (if too old, then that is not a missale reason). So, why do you think it didnt cover the whole period of the mortgage? The claim period is normally 12 months but that is acceptable to the FOS. Is that what you mean?

Most MPPI complaints do fail (both at bank and the FOS). So, statistically, the outcome from the Halifax was to be expected.

The Halifax have said to the FOS, that they need my ex-partners signature before they can provide more information to the FOS because her name was on the mortgage at the time the policy was taken out.Due to GDPR regulations. Even though the ppi policy I'm complaining about is in my sole name and has nothing to do with my ex-partner. When the policy was taken out there was only about a week between me taking it out and the mortgage transfer to my sole name went through.

They are probably referring to the original one and not the one you bought later on.

The FOS generally side with the banks when they say they require the second person to join the process (based on decisions I have read). However, it is impossible to guess outcomes as we have so little information.

However, this should not impact on the second policy if it was bought solely in your name unless it was classed as a continuation.

That said, your complaint reason seems weak (subject to clarification from you). So, I wouldn't be hopeful.

KazE

Thanks for the reply. They are saying the second policy that's in my sole name. Thats why I don't understand why they need a second signature.

Bermonia

If the ‘second policy’ was considered merely an amendment to the original policy made at your request then this would not be treated as a separate sale.

Therefore, to consider your complaint they would have to look at the original sale of the policy when the mortgage was still in joint names. As such they require both parties to the mortgage to be involved as you would not be considered an eligible complainant on your own.

KazE

Thanks. The second policy was a separate to the first. The Halifax know this, as I received an undeclared commission payment on both policies, but the first one I only had half as they kept the other to give to my ex. They second policy I didn't have to split it was all mine.

KazE

The policy expires before the term of the loan. They ombudsman haven't said what they have asked the Halifax for. Only that they asked them for more information and the Halifax said the can't give it because of the mortgage at the time being in joint names-not the policy.

Bermonia

Given that it is the ombudsman who will ultimately decide if they can even consider this complaint, wisest choice of action would be to ask them.

Just don’t be too surprised if they support Halifax’s stance and consider that your complaint cannot be considered without your ex’s signature.

SonOf

The policy expires before the term of the loan.

MPPI doesnt expire. It is pay as you go. Only single premium MPPI expires and Halifax didnt retail that. Or if your mortgage ends after you are 60 (it may be 65 on Halifax plans but not sure). So, what are you seeing that makes you think it expires?

Loan PPI sometimes didnt go the full term of the loan but not mortgage PPI.

The policy expires before the term of the loan. They ombudsman haven't said what they have asked the Halifax for. Only that they asked them for more information and the Halifax said the can't give it because of the mortgage at the time being in joint names-not the policy.

It is possible (and logical) to ask about the original sale as the FOS would look at the chain of events.