Black Horse - PPI - Advice Needed Please

[redfox]

I recently sent a letter to Black Horse regarding some mis-sold PPI on a loan in 2004 which was paid off this year. I wasn't given an option to be able to opt out of the PPI.

Black Horse have replied saying that I signed the form and that I could have cancelled the PPI within 30 days etc. and that they don't believe in my claim.

Where do I go from here?

[alanfromderby]

On what basis are you saying it was missold?

[redfox]

On the basis that I didn't have a choice. My original documentation proves this as there is only one signature box to sign for both the loan and PPI.

With the new regulation, I've been told that new paperwork has 2 boxes, one for a signature for the loan and one for the signature to agree to PPI.

The letter also says that I attended a local office to discuss my application, however, I don't remember going into an office but I do remember that it was sold over the phone. So surely this means that they don't have a correct record of my application.

[alanfromderby]

Where the policy would not have paid out, perhaps due to a pre-existing medical condition, or because the person was self-employed etc, it is fairly straight-forward - also when you can prove you had other cover.

You may have a tough job proving misrepresentation without misselling, although it does look as though you have a good starting point with the paperwork.

May be worth a DSAR to them for full disclosure.

[redfox]

They have already sent me the credit agreement that I signed though I still had my original copy. If I sent them a DSAR do you know what other information they would have to provide me with?

[alanfromderby]

I always include something like this:

Whilst it is not my responsibility to provide an exhaustive list of documents that you should supply (and certainly this is not such a list), I would remind you that your submission should include copies of all documents, notes, internal memos, computer screen notes, contracts, application forms, letters (including correspondence with third parties), and any other documents which you hold that contain personal data under the terms of the Data Protection Act.