Turned down for ppi with bank and ombudsman

Cherry.N · 22 July 2019 at 12:49PM

Anybody have any advice on the following please? We put in a claim for missold mortgage ppi with the Halifax stating that we were led to believe by advisor at the time that the ppi policy was a compulsory part of taking out the mortgage. The claim was rejected on the assumption that it was "more likely than not" that the policy was fully explained to us at the time. We took it to the Ombudsman who gave us the exact same response. Livid with these responses, how an they get away with assumptions? More or less saying we are lying. .is it worth taking this further? Thanks in advance.

[Deleted User] · 22 July 2019 at 12:58PM

Cherry.N wrote: »

Livid with these responses, how an they get away with assumptions? More or less saying we are lying. .is it worth taking this further?

The "assumptions" are made in the absence of any evidence to the contrary. You effectively made a complaint for which you can provide no evidence. You alleged that you were told that the PPI was compulsory when it was not. Unfortunately, the prevailing evidence suggests otherwise. No one is calling you a liar, but your (very weak) complaint has simply been rejected on the basis that they can find no foundation for it.

You have now exhausted the regulated complaint procedure and have nowhere further to advance your concerns I'm afraid, but you can take some consolation in the fact that most complaints about Mortgage PPI are rejected. Those that aren't rejected inevitably contain very compelling evidence of mis-sale which your complaint sorely lacked.

Sorry.

SonOf · 22 July 2019 at 1:17PM

We put in a claim for missold mortgage ppi with the Halifax stating that we were led to believe by advisor at the time that the ppi policy was a compulsory part of taking out the mortgage.

Two issues here:

1 - Most MPPI complaints fail. So, right from the off you would expect rejection as the most likely outcome. Unlike loan and credit card PPI, you can still buy MPPI today.
2 - Your complaint reason is one of the weakest types that rarely succeeds on that particular point. Usually as there is nothing to suggest your allegation is the truth.

Livid with these responses, how an they get away with assumptions?

You are the one making the allegation of wrongdoing. English law is the presumption of innocence until proven guilty and a balance of probability based on the available evidence.

Your complaint reason is the same one used in every fraudulent/try-it-on complaint made. Over half of PPI complaints dont actually have PPI but they use that reason. So, they cannot just accept what you say as the truth.

Why should they assume you are telling the truth if there is no evidence to support your allegations?

More or less saying we are lying.

No they are not. They are saying there is no evidence to support your allegations.

.is it worth taking this further?

Where would you like to take it to? Once an ombudsman has ruled, that is the final step.

The_squirrell · 22 July 2019 at 1:26PM

Without any evidence to the contrary, the "assumptions" are fair. There will be product literature that will state if there was any compulsory insurances required when taking out the mortgage. The KFI / Offer Letter would also have stated the same thing. If these exist and show that PPI was not compulsory, then unfortunately you have a very weak case with only your recollections to go on.

Evidence is always key.

Cherry.N · 22 July 2019 at 1:47PM

Thanks for all input, valid points and I guess all correct. Ombudsman did state that we could still ask for a final decision, although outcome likely to be the same.
The annyonce is that we both clearly remember that the advisor 'slid' the ppi policy in without much conversation apart from "this is what you will need". Stupid not to question it of course but as a young couple going for our 1st mortgage, with only basic knowlege of financial matters at that time & being easily baffled by bullsh**, we accepted what she said.
Maturity is a wonderful thing.
Thanks for all replies.

Rainbowgirl84 · 22 July 2019 at 1:52PM

Mortgage PPI is still sold to this very day. It saved us from losing our home when I was unexpectedly made redundant a number of years ago. It paid out far in excess of what I'd paid in.

[Deleted User] · 22 July 2019 at 4:35PM

Cherry.N wrote: »

The annyonce is that we both clearly remember that the advisor 'slid' the ppi policy in without much conversation apart from "this is what you will need". Stupid not to question it of course but as a young couple going for our 1st mortgage, with only basic knowlege of financial matters at that time & being easily baffled by bullsh**, we accepted what she said.

From what you say here, you don't sound to have been mis-sold at all I'm afraid.

If you had been made redundant, there is every reason to believe that you WOULD have needed the insurance. Being told "this is what you need" is hardly telling you the insurance was compulsory. The advisor was allowed to "disturb" the customer with such comments..

Why do you think it was "stupid" not to question it? Do you have reason to believe the insurance was not suitable for your circumstance? Remember, it is not somehow automatically wrong simply to have insurance.

Cherry.N wrote: »

Ombudsman did state that we could still ask for a final decision, although outcome likely to be the same.

Only if you believe you have been done an injustice (and can show this) should you expect a different response from the final Ombudsman adjudication.

Turned down for ppi with bank and ombudsman

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