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Black Horse - PPI complaint rejected
Y0da
Posts: 5 Forumite
I have recently had a PPI complaint rejected from Black Horse that I was miss-sold back in September 2000. The reasons for my complaint were that I was not aware that this policy was added to the finance agreement taken out. I was young at the time and the car salesman had probably sneakily got me to sign the form along with all the others you have to sign when purchasing a car. I wasn't asked any of the questions I should have been asked regarding employment status, medical conditions etc. I was only aware of the policy when after 3 and a half years I legally voluntarily terminated (with their full consent) the finance contract, handed back the car. Soon after this I received a letter from Black Horse with a settlement figure which I did not understand so I contacted them again. It turns out it was for the complete remaining PPI payments (upto 5 years as per original loan) that needed to be paid as it was a separate policy. I refused to pay this but eventually got a nasty debt collectors letter and ended up paying.
The reasons that my complaint has been rejected is
"I feel our adviser acted fairly and reasonably throughout the sale."
also
" I believe that the information provided at the time of sale was a fair representation of the features of the policy and explained the policy exclusions and the total cost of the insurance. I am also of the opinion that it was clear, fair and not misleading therefore allowing you to make a fully informed choice.".
My question is now that I have received their decision, what is the best way to proceed. I have emailed the Ombudsman to see if it would consider my complaint but waiting on a reply. Do I re-send another completed standard questionnaire with an accompanying letter or just a letter with my counter arguments? Any suggestions about my next move would be gratefully appreciated.
Many thanks in advance.
Rob
The reasons that my complaint has been rejected is
"I feel our adviser acted fairly and reasonably throughout the sale."
also
" I believe that the information provided at the time of sale was a fair representation of the features of the policy and explained the policy exclusions and the total cost of the insurance. I am also of the opinion that it was clear, fair and not misleading therefore allowing you to make a fully informed choice.".
My question is now that I have received their decision, what is the best way to proceed. I have emailed the Ombudsman to see if it would consider my complaint but waiting on a reply. Do I re-send another completed standard questionnaire with an accompanying letter or just a letter with my counter arguments? Any suggestions about my next move would be gratefully appreciated.
Many thanks in advance.
Rob
0
Comments
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If the letter from BH was not a final response, get back in touch with them, was the loan term longer than the PPI was for and did you make one payment to the loan that included the PPI?0
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The letter from BH is not a final response. They have stated for me to get back in touch with them if I did not agree. I was just seeing if there are other better options available to me at this point. The loan and the PPI terms were the same. I made one payment for both the loan and the PPI.0
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Which predates not only statutory regulation but also the General Insurance Standards Council's code of practice.I have recently had a PPI complaint rejected from Black Horse that I was miss-sold back in September 2000.
Unless you mean under 18 (in which case the finance agreement would have been unenforcible) that is irrelevant.I was young at the time
Which mean's your complaint is against the dealer not the lender.and the car salesman had probably sneakily got me to sign the form along with all the others you have to sign when purchasing a car
There was no such requirement in 2000.I wasn't asked any of the questions I should have been asked regarding employment status, medical conditions etc.
In which case you needed to complain to the dealer within six years of the original sale or, if later, three years of when you became aware that something was wrong with the sale. Both of those limits have now passed.I was only aware of the policy when after 3 and a half years I legally voluntarily terminated (with their full consent) the finance contract, handed back the car. Soon after this I received a letter from Black Horse with a settlement figure which I did not understand so I contacted them again. It turns out it was for the complete remaining PPI payments (upto 5 years as per original loan) that needed to be paid as it was a separate policy. I refused to pay this but eventually got a nasty debt collectors letter and ended up paying.The reasons that my complaint has been rejected is
"I feel our adviser acted fairly and reasonably throughout the sale."
also
" I believe that the information provided at the time of sale was a fair representation of the features of the policy and explained the policy exclusions and the total cost of the insurance. I am also of the opinion that it was clear, fair and not misleading therefore allowing you to make a fully informed choice.".
That is poor - they should have explained what I have put above.
However, even if it was the responsibility of Black Horse, it is unlikely there would be evidence to support your case after all this time.0 -
Why would they send a reply like this to the op when all they needed to do was to wash their hands of it?.The reasons that my complaint has been rejected is
"I feel our adviser acted fairly and reasonably throughout the sale."
also
" I believe that the information provided at the time of sale was a fair representation of the features of the policy and explained the policy exclusions and the total cost of the insurance. I am also of the opinion that it was clear, fair and not misleading therefore allowing you to make a fully informed choice.".0 -
Thanks for the replies all. Is there any documentation I could ask for them to provide to back up their findings? When they use words as such as "feel" and "believe" it seems a little loose.0
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No. You can send them a SAR and £10 to see what documentation is left but there may not be any.
It's not for them to back up their findings. You made the complaint so you have to provide the evidence it was missold.Non me fac calcitrare tuum culi0 -
Ok, I will call them tomorrow to discuss it. I will also write and post a letter stating why I disagree with them and if they will reconsider. I will also include a SAR and £10.
@magpiecottage Due to the date of the policy will any organisation help with my case ie. FOS, FLA or FSA. Which would be the best to contact?0 -
Also at this time how did companies like Black Horse audit their third party sellers on their sales procedures. These guys must have been robbing people blind!0
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When they use words as such as "feel" and "believe" it seems a little loose.
UK law puts the onus on the person making the allegation to prove a wrongdoing. What they are saying is that they can find anything wrong.@magpiecottage Due to the date of the policy will any organisation help with my case ie. FOS, FLA or FSA. Which would be the best to contact?
FSA doesnt exist any more. It never did look at consumer complaints anyway. its replacements, the FCA does not either. The FOS will only cover complaints within its regulatory remit. If Black Horse have given permission for you to go to to the FOS on a pre-regulation complaint then you go to them. The complaint response would tell you if you can go to the FOS or not.Also at this time how did companies like Black Horse audit their third party sellers on their sales procedures. These guys must have been robbing people blind!
They didnt need to. Still dont today either unless the individual is an agent of the company.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.0 -
Sounds like the OP has just received the wrong form rejection letter. Inviting the OP to respond if he has further evidence is just delaying the inevitable full and final rejection.Why would they send a reply like this to the op when all they needed to do was to wash their hands of it?.
I think this will be a waste of £10. Any documentation that does still exist will show that you were fully aware of the PPI at the time of the sale. Saying you were not made aware of the PPI is a very weak complaint at the best of times, in these circumstances it's an easy rejection for the bank.I will also include a SAR and £10.
Remember that (in your circumstances)you needed to complain to the dealer within six years of the original sale or, if later, three years of when you became aware that something was wrong with the sale. Both of those limits have now passed.0
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