Different angle on successful PPI claims

Hi, I am currently in dispute with my bank regarding a PPI relateed issue which I have not been able to find any help on line with. It may be an issue others have either encountered or hadnt considered,  but may be relevant. In 2019 I successfully made a claim for miss old PPI added to a business overdraft, unknown to myself. The business regrettably encountered financial difficulties and I was advised by my bank that as I was responsible for the overdraft (guarantee) the best course of action would be a consolidated loan.
I was not aware of any PPI when I made a general enquiry with my bank in 2019, I was surprised to hear back that an account from the late 1990s relating to an overdraft had been miss sold PPI. I received repayment in 2019 and thought little more of it.
However, I am still replaying the consolidated loan which included the overdraft, the loan defaulted some time ago due to the large monthly repayments which became impossible to maintain following unemployment.
The point of this thread is that notwithstanding the bank upholding the PPI claim, and issuing a repayment, I believe that had I been aware that I had the option to utilise the payment insurance I would have done so, thus the personal loan which I was advised to undertake would not have included the overdraft element, as this would have been covered by the PPI. 
I realise that this may sound obvious, but I cannot find any information or similar scenarios anywhere. 
I would there for suggest that the Financial misselling was unlawfull, and notwithstanding the refunds of PPI payments and interest charges, this unlawfull action and the failure of the bank's to inform us that we had the option to use the PPI has resulted in stress, undue inconvenience and financial loss.
Had I been aware I was paying for PPI I would have used it to make the repayments.
On a personal level had I known I had PPI, the insurance payments would have significantly reduced the amount of loan I undertook and the repayments covered by the PPI would have allowed me time to gain employment and avoid future default.
The bank are reluctant to answer these issues and are quoting statutory time limits to negate further investigation. However as I was unaware until 2019 that PPI had been missold the earliest time I became aware falls well within time limitations for complaint.
I would be interested if anyone else has any thoughts on this issue, I believe it could potentially lead to many further claims from people who may also have been able to claim on the PPI they were paying for,  had they been aware of the option to utilise it, could have prevented considerable distress.
I am considering taking the matter to small claims as an initial step toward identifying if I have grounds for further recourse.


Comments

  • dunstonh
    dunstonh Forumite Posts: 114,855
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    I realise that this may sound obvious, but I cannot find any information or similar scenarios anywhere. 

    it doesn't matter. You made a missale allegation and the policy was voided as if it never existed.   

    I would there for suggest that the Financial misselling was unlawfull, 

    Its not a case of law.  The PPI issue is a regulatory one. Not a legal one.

     the failure of the bank's to inform us that we had the option to use the PPI has resulted in stress, undue inconvenience and financial loss.

    That won't wash.  Bank staff would often not know what insurances you had, even if you had arranged them via the bank.  It is your responsibility to make a claim.   In an ideal world it would have been nice but that isn't how it worked.

    The bank are reluctant to answer these issues and are quoting statutory time limits to negate further investigation. 

    If it is timebarred they don't have to answer it. Indeed, they wont even look at it.

    However as I was unaware until 2019 that PPI had been missold the earliest time I became aware falls well within time limitations for complaint.

    No it doesn't.   The regulator stopped banks using a timebar on PPI unless they complied with the 3 year notification using a CCL.  However, you are not making a PPI complaint here.  You did that and got your money back plus interest.

    You are making a new allegation of a legal nature and you get 15 years to raise that from the point of the event.

    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.
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