Halifax PPI

princessplumpers

Hello,

I have a claim for ppi for a credit card I had with Halifax many years ago. I don't remember ever being told about the ppi policy or have paperwork about it. It's with the Ombudsman who have said they are not going to agree with the claim as there is no proof that the Halifax didn't tell me about the policy. I would have thought that there should be documentation to show that the policy was explained to me and I agreed fully to it. There is a box ticked on my original application to take out the ppi but i've pointed out that this could have been ticked without my knowledge or consent. The ombudsman have said there is no proof that this happened. My point is that there is no proof that it didn't.

I've been told that my case could be passed to an ombudsman (it's with a case worker) but that there's not much point unless I can come up with more evidence to show that they did this without my consent. Is this right? Is it my job to prove that they missold? I would have thought the onus was on the Halifax to prove that they sold it properly.

Many thanks

[Deleted User]

Yes, it's your job to prove it was mis sold. Otherwise anyone could claim anything. A suggestion that they can't prove they didn't tick the box is pointless. I can't prove I didn't steal £20 from your bag.

If there is no evidence of a mis sale, then there's nothing more you need to do.

foxy-stoat

Hasnt the dead line past now for new PPI try-ons.....errrr i mean claims?

The_squirrell

If it was for a credit card, then any PPI is almost certainly to have shown on a statement that you received each and every month! So, in the very unlikely event that a box was ticked after you signed the form, it would have been clearly shown each month to query. I would move on now.......

Bermonia

For the FOS to find in your favour there would need to be sufficient evidence of any wrongdoing, what they are saying is there is insufficient evidence for them to safely conclude that you didn’t tick the box, equally they are not saying there is sufficient evidence that you did... they certainly can not recommend a complaint be upheld on this basis as this would be in essence to take a side irrespective of the facts.

SonOf

I would have thought that there should be documentation to show that the policy was explained to me and I agreed fully to it.

Insurance became regulated in January 2005. After that point, a statement of demands and needs was required to be issued on advised cases. Prior to that, nothing was required.

If you had not accepted the cover, you would surely have mentioned it the minute you saw payments going through your bank statement?

There is a box ticked on my original application to take out the ppi but i've pointed out that this could have been ticked without my knowledge or consent. The ombudsman have said there is no proof that this happened. My point is that there is no proof that it didn't.

The assumption is that no laws or rules are broken unless there is evidence or information that suggests there were. That matches English law.

It is rather daft to ask for proof that rules/laws were not broken. Its a bit like asking for proof God does not exist.

I've been told that my case could be passed to an ombudsman (it's with a case worker) but that there's not much point unless I can come up with more evidence to show that they did this without my consent. Is this right?

Ombudsman only overrules adjudicators in a very small number of cases and that is mostly on more complicated cases. Not on simple PPI stuff. The adjudicator decision is correct. Where there is no evidence of wrongdoing, there is no reason to uphold the complaint.

I would have thought the onus was on the Halifax to prove that they sold it properly.

You are wrong.

Evidence is not always required. If you had complained within months of the payments appearing on the statement, you would be considered credible even if there is no evidence to support your allegation. If you complain years or decades later (as its likely to be decades we are talking about here), then you lack any credibility and would be reliant on evidence.

foxy-stoat

princessplumpers wrote: »

Hello,

I have a claim for ppi for a credit card I had with Halifax many years ago. I don't remember ever being told about the ppi policy or have paperwork about it. It's with the Ombudsman who have said they are not going to agree with the claim as there is no proof that the Halifax didn't tell me about the policy. I would have thought that there should be documentation to show that the policy was explained to me and I agreed fully to it. There is a box ticked on my original application to take out the ppi but i've pointed out that this could have been ticked without my knowledge or consent. The ombudsman have said there is no proof that this happened. My point is that there is no proof that it didn't.

I've been told that my case could be passed to an ombudsman (it's with a case worker) but that there's not much point unless I can come up with more evidence to show that they did this without my consent. Is this right? Is it my job to prove that they missold? I would have thought the onus was on the Halifax to prove that they sold it properly.

Many thanks

OP will probably be back to xxxxxxxxxxxxxxxxxxxxxxxxx out the first post later.

https://forums.moneysavingexpert.com/discussion/5824395/ppi-debenhams-storecard-late-mother

[Deleted User]

foxy-stoat wrote: »

Hasnt the dead line past now for new PPI

If the PPI complaint is with the Ombudsman then that clearly indicates that the case is older than last August and has already been rejected by the Bank.

princessplumpers wrote: »

The ombudsman have said there is no proof that this happened. My point is that there is no proof that it didn't.

It's important to realise that the onus of proof is upon you as the complainant, not the Bank.

Look at it this way, if I said you owe me £200 and you disputed this, who do you think would have to provide proof? It would be me as the accuser, not you.

princessplumpers wrote: »

I don't remember ever being told about the ppi policy

Being unable to remember about decades-old financial arrangements is to be expected. However, that's not a valid mis-selling complaint.

It's a myth that PPI was randomly added without the knowledge and permission of the customer and with credit cards the PPI was itemised on every monthly statement. So why, if you didn't agree to this PPI, did you continue to pay it without complaint until 2019?

princessplumpers wrote: »

I've been told that my case could be passed to an ombudsman (it's with a case worker) but that there's not much point unless I can come up with more evidence

The Ombudsman will be looking at the exact same evidence that the Bank have already considered and rejected along with a FOS adjudicator.

Without additional valid and compelling evidence to support your accusation, I'm afraid your chances of these rejections being overturned at this stage are nil.

Sorry.