Mortgage PPI Claim Refused - Halifax

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Hi, I need some help for my mother in law who has recently been refused her claim for PPI on her old mortgage she had with the Halifax, 4 in total with them as she always stayed with the Halifax up until right at the end. I have been going on at her about reclaiming PPI and she finally took the plunge in the last month or so and decided to claim herself and not use the third party companies that are out there.

The story is this, her mortgage finished back in 2002 and in 2006 her and the father in law moved to Spain and have been there ever since, she put in her claim a few weeks back to which then the bank called her and asked where she was living and why she moved and that was she enjoying herself out in Spain etc. (big question mark hangs over this as to why they done that I do not know) within a few days of that call she received a letter explaining that she was unsuccessful in her claim as the bank had wrote to her in 2014 (at her old address that the bank had then and yes this is 12 years later) and because she never replied to the letter she is no longer entitled to her claim? Well, she couldn't of replied to that letter because she was not living in this country then

She has called them since and put her point across stating she could not of replied to the letter because she had emigrated to Spain 12 years before then and their argument back was she should of told the bank she was moving and give her new address (but why should she be telling them she is moving or emigrating if she no longer has a mortgage with them or any other ties?)

I don't get this, it smells quite sour from the bank if I'm honest. They have sent her a letter to appeal with the Financial Ombudsman so I have told her to go for it. I don't get why she should be telling the bank she is moving if she no longer has a mortgage with them.

Personally I think they owe her quite a lot and are trying to get out of it. Please help, does anyone know whether the bank are pulling a fast one?

Thanks in advance.

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  • dunstonh
    dunstonh Posts: 116,387 Forumite
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    Mortgage PPI Claim Refused - Halifax

    Firstly, that is the most likely outcome with MPPI. Most MPPI complaints do not succeed. So, it shouldnt be too much of a surprise.
    Personally I think they owe her quite a lot and are trying to get out of it.

    As it is being timebarred, it means they havent even looked at the complaint. If the timebar is overruled, then they will look at it. Until then, based on the odds, a rejection is still the statistically likely outcome with MPPI. However, Halifax are normally a soft touch.

    The CCL sent out in 2014 needs to be received. So, I would expect the timebar to be overruled. That said, if she still had any commercial relationship with the Halifax in any area and the address was not changed, then the bank would be correct to timebar. Their T&C require you to keep them up-to-date with address changes where a relationship in any area still exists.
    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.
  • Nasqueron
    Nasqueron Posts: 8,836 Forumite
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    Why do you think she was miss-sold? Having a product to protect your mortgage (and thus your home) is a sensible and normal thing to do, simply having MPPI doesn't mean she's owed anything
  • joypusey
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    I had a PPI claim refused several years ago on a mortgage .My late husband took out PPI on mortgage payments in 1994,the mortgage was paid off in 2004. I wrote to Nationwide building society who told me that they would not accept the claim,as it was perfectly appropriate that we had paid PPI ,as we had 4 young children, and only one income. However,my husband worked for Nationwide at the time,and had a good amount of perks on his work package,probably including insurance on the mortgage. Having received the rather strident letter from the building society,I gave up pursuing it. However,a few months later I decided to try again with a PPI claims firm,but they were told that seeing it was 6 months since my first communication they would not reopen the file.This seems to be a little known rule that a lot of people can not be aware of.
  • dunstonh
    dunstonh Posts: 116,387 Forumite
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    I wrote to Nationwide building society who told me that they would not accept the claim,as it was perfectly appropriate that we had paid PPI ,as we had 4 young children, and only one income.

    That seems entirely reasonable and one of the reasons you see most MPPI complaints fail and that you can still buy MPPI today.
    However,my husband worked for Nationwide at the time,and had a good amount of perks on his work package,probably including insurance on the mortgage.

    Nationwide staff have no perks covering their mortgage.
    This seems to be a little known rule that a lot of people can not be aware of.

    It is in the FOS brochure issued with the acknowledgement of the complaint and again it is written in the rejection letter. Only people that wouldnt know are those that don't read the letters sent to them.
    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.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    joypusey wrote: »
    I decided to try again with a PPI claims firm,but they were told that seeing it was 6 months since my first communication they would not reopen the file.This seems to be a little known rule that a lot of people can not be aware of.
    Hardly a "little known" rule for those who have been rejected.

    It quite clearly states this in your rejection letter which it is wise to read.

    In addition, why do you believe a Claims Company would have succeeded where you had previously failed alone ?

    Claims Companies have no special powers or abilities and the firm would just have re-submitted your original (rejected ) complaint, doubtless to be rejected again for the same reasons if the complaint had been considered again.

    You are fortunate the Claims Company didn't charge you for wasting their time when they learned you had already complained.

    So I wouldn't lose any sleep over the six month rule. Your complaint failed long before that I'm afraid.
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