PPI offer on a deceased estate? Please help x

kerry13238

Hi,

I wonder if anyone can help, we recently made a PPI claim. The circumstances were the person the PPI was sold to had Lymphoma since 2017, he was not aware of the PPI on his account.

He unfortunately in August was told the diagnosis was now terminal with an expected 3-6 months to live, he asked me to sort all his affairs the best I could.

When going through the paperwork he had together we found he has a mortgage protection policy he was not aware of, long story short we looked a PPI claim.

Due to his ill health, he was allowed to claim after the deadline, unfortunately, we lost him in October and now I am dealing with the estate.

HSBC has now accepted there were 2 mortgages PPI’s mis-sold, there are 1 loan and 1 credit card case still waiting on the decision.

My question is in the letter from HSBC, they use the language “We are inclined to make you an offer”.

I thought they just refund the PPI and interest lost, do they make an offer which we can accept or decline then they make a counteroffer or what do they mean? What happens next?

They have asked for the grant of probate before they offer which I sent to them yesterday, please help.

This year has been awful losing him and dealing with all the financial stuff has been a nightmare so far x

[Deleted User]

Their offer will be the legally defined redress.  You either accept it if you want the money, or decline it if you don't.

All you need to do is send back your acceptance.

dunstonh

My question is in the letter from HSBC, they use the language “We are inclined to make you an offer”.

This suggests they are doing it more as a goodwill gesture rather than being 100% certain it was missold.   It's a bit of legalistic wording.

I thought they just refund the PPI and interest lost, do they make an offer which we can accept or decline then they make a counteroffer or what do they mean? What happens next?

There is no haggling.  The refund is defined.   Accept the offer and move on.

kerry13238

dunstonh said:

My question is in the letter from HSBC, they use the language “We are inclined to make you an offer”.

This suggests they are doing it more as a goodwill gesture rather than being 100% certain it was missold.   It's a bit of legalistic wording.

I thought they just refund the PPI and interest lost, do they make an offer which we can accept or decline then they make a counteroffer or what do they mean? What happens next?

There is no haggling.  The refund is defined.   Accept the offer and move on.

Apologies, the wording is "Whilst I am minded to uphold the complaint and make an offer, I now need to determine who the offer should be made to" What do you think?

[Deleted User]

Assuming you hold the legal right to deal with the estate, you should request the money be paid to the estate, settle any debts etc then use the money as needed. The word offer is misleading in this context, you get a defined redress of payments, plus 8% simple interest (higher rate applies for certain older periods). I suspect they just want rid of the case so agreed to payout if the sum was low enough, the complaint that he "didn't know about it", is as weak as it gets, the payment would be on every single bank statement he got, every single credit card statement had it listed and it would be on the loan paperwork he signed.

Condolences on your loss 

kerry13238

Deleted_User said:

Assuming you hold the legal right to deal with the estate, you should request the money be paid to the estate, settle any debts etc then use the money as needed. The word offer is misleading in this context, you get a defined redress of payments, plus 8% simple interest (higher rate applies for certain older periods). I suspect they just want rid of the case so agreed to payout if the sum was low enough, the complaint that he "didn't know about it", is as weak as it gets, the payment would be on every single bank statement he got, every single credit card statement had it listed and it would be on the loan paperwork he signed.

Condolences on your loss 

The other reasons were he was ill when it was sold and had full sick pay? 

[Deleted User]

kerry13238 said:

Deleted_User said:

Assuming you hold the legal right to deal with the estate, you should request the money be paid to the estate, settle any debts etc then use the money as needed. The word offer is misleading in this context, you get a defined redress of payments, plus 8% simple interest (higher rate applies for certain older periods). I suspect they just want rid of the case so agreed to payout if the sum was low enough, the complaint that he "didn't know about it", is as weak as it gets, the payment would be on every single bank statement he got, every single credit card statement had it listed and it would be on the loan paperwork he signed.

Condolences on your loss 

The other reasons were he was ill when it was sold and had full sick pay? 

Illness may or may not be, depending on whether it would have rendered the whole policy unsuitable or not - if it would never pay out, then it's miss-sold, if it would pay out for everything except that condition, it may not be e.g. he couldn't claim for the lymphoma but could if he had another problem; similarly it could pay out for losing his job. However, you say he had the illness in since 2017, yet talk about 2 mortgages and polices - were these both taken out after 2017, after the diagnosis?

People often talk about "full sick pay" without knowing what it means. Many people actually have maybe a week or two before SSP only, PPI complaints for mortgages for NHS staff with 6 months full/6 half are rejected due to the length of the debt and the life changing situation not being able to pay back the debt. A long term full sick pay policy could well be enough to win a PPI complaint on a CC and an unsecured loan

As above, they may be refunding the whole policy as miss-sold, they may be making a good will gesture, you'll have to see the figures first 

kerry13238

Deleted_User said:

kerry13238 said:

Deleted_User said:

Assuming you hold the legal right to deal with the estate, you should request the money be paid to the estate, settle any debts etc then use the money as needed. The word offer is misleading in this context, you get a defined redress of payments, plus 8% simple interest (higher rate applies for certain older periods). I suspect they just want rid of the case so agreed to payout if the sum was low enough, the complaint that he "didn't know about it", is as weak as it gets, the payment would be on every single bank statement he got, every single credit card statement had it listed and it would be on the loan paperwork he signed.

Condolences on your loss 

The other reasons were he was ill when it was sold and had full sick pay? 

Illness may or may not be, depending on whether it would have rendered the whole policy unsuitable or not - if it would never pay out, then it's miss-sold, if it would pay out for everything except that condition, it may not be e.g. he couldn't claim for the lymphoma but could if he had another problem; similarly it could pay out for losing his job. However, you say he had the illness in since 2017, yet talk about 2 mortgages and polices - were these both taken out after 2017, after the diagnosis?

People often talk about "full sick pay" without knowing what it means. Many people actually have maybe a week or two before SSP only, PPI complaints for mortgages for NHS staff with 6 months full/6 half are rejected due to the length of the debt and the life changing situation not being able to pay back the debt. A long term full sick pay policy could well be enough to win a PPI complaint on a CC and an unsecured loan

As above, they may be refunding the whole policy as miss-sold, they may be making a good will gesture, you'll have to see the figures first 

Apologies, he had the Lymphoma in 2017 diagnosed. Back in 1995 he was suffering from mental health, not the Lymphoma 

dunstonh

kerry13238 said:

dunstonh said:

My question is in the letter from HSBC, they use the language “We are inclined to make you an offer”.

This suggests they are doing it more as a goodwill gesture rather than being 100% certain it was missold.   It's a bit of legalistic wording.

I thought they just refund the PPI and interest lost, do they make an offer which we can accept or decline then they make a counteroffer or what do they mean? What happens next?

There is no haggling.  The refund is defined.   Accept the offer and move on.

Apologies, the wording is "Whilst I am minded to uphold the complaint and make an offer, I now need to determine who the offer should be made to" What do you think?

On a deceased case, they need to pay it to the right people.   If the estate has already been settled, gone through probate (if applicable) and paid out, then they may pay directly to the beneficiaries of the Will.  So, they will usually ask for probate, death cert and a copy of the Will.   If the estate is still in progress, they will usually pay to the executor and let the executor distribute it.  
In some cases, probate needs to be revised if that has already been done.

-taff

kerry13238 said:Apologies, he had the Lymphoma in 2017 diagnosed. Back in 1995 he was suffering from mental health, not the Lymphoma 

That would have made no odds to his policy.