pre existing medical conditions-

[angel49]

Hi
I'm just looking into this PPI as someone pointed it out to me in another thread re HFC.
I had a loan with HFC and of course paid PPI through Hamilton I believe. I fell sick (minor heart problem) and spent a week in hosp. I was fit enough to return to work but some months later fell sick again (heart problem diagnosed) This meant I had to give up my job. I contacted HFC who in turn told me it would be classed as a pre existing condition and the best they could do because I could no longer maintain the repayments on my loan was to reconstructure to include my credit card as well. However, I noticed I was still paying the insurance even after being told I could not claim, right up till the point of this reconstructure.
Could someone point me in the right direction as I no longer have dates,policy no's etc. This all happened during 2003ish.
I am about to send a Data Protection Act to HFC but I'm now looking into the PPI thing and where to start and who to approach.
Sorry if this is a bit long winded.

[Bookworm]

I suggest you alter the Subject Access Request template to specifically include all information relating to your PPI.

If you had your 1st trouble after you already were paying PPI, and hadn't had any heart issues before, I would think you have very good grounds for going to the Ombudsman, as they could well have wrongly turned you down.
I would then also include in the complaint the fact that in the event they find the insco acted correctly, then the fact the kept on charging you PPI was wrong, and get them to decide on that as well.

Are you saying that once the loan was restructured, they didn't charge you PPI anymore? That might weaken your case a little bit, but nevertheless, I still think you should concentrate on the cover being declined first, PPI fees second.

[angel49]

Hi Bookworm
Many thanks for your response, I didn't get chance to even make a claim because it was suggested that the dates my G.P included on the form would make it a pre existing condition or words to that effect. I remember calling the insurance co. to enquire and they confirmed the same, that it would be a fruitless task. With regard to the premiums, knowing the PPI was of no use to me I was still having to pay for about 5/6 months after whilst HFC sorted out this reconstruction.

[Keith22]

Hi

I have been down this route with a successful claim against Lloyds via the FSO. Firstly the onus is on the seller of the policy to make sure that it was suitable for your needs so they should have checked to see if you were aware of any previous medical conditions when you signed up. If they didn't then the policy was missold to you. Secondly you will need to a good look at the T & C's for the policy. Most specify that if you have a medical problem but have been sympton free and have not consulted a medical practicioner about that particular problem in the two years prior to it arising then it will be covered by the insurance. Any dates given by your doctor will therefore be critical in deciding which of these two routes you could persue.

[Bookworm]

You NEVER take the insurance's word for it!!! Unless your GP's dates categorically stated that you had had heart trouble before taking out the PPI, you should have claimed!

Unfortunately, you won't be able to do anything about this now, as it is too late to start a claim so much time after the event. Unless you have something in writing, which, reading between the lines, I assume you do not. Likewise, a recourse to the Ombudsman is out, as there wasn't a claim in the first place for them to give a ruling on.

As for the PPI, then yes, if the insurance knew that you were by now out of work, and therefore cover wouldn't apply, you shouldn't have kept on paying... But did you contact them to ask them to cancel the cover? If you didn't (and have it in writing), I'm afraid you have no grounds. If, on the other hand, you asked them to cancel, and they didn't, knowing they wouldn't cover you in case of further problems, then you should definitely try to get those months' premiums back.

Hope it makes sense.

[Keith22]

Hi

Yes I agree with bookworm. Do you have a copy of the agreement you signed at the time. You may be able to prove the policy was originally missold as I did in my case. The other points made by Bookworm are very valid I'm afraid.

[reidnet]

Just a couple of quick questions,

The first time you were taken ill and were in Hospital etc ..did you make a claim on the policy ?

Was this heart condition diagnosed before you took out the Payment Protection Insurance Policy ?

When was the actual date that your loan and PPI taken out.

I know these outfits will riggle and squirm their way out of paying on the slightest thing, Been there done that got a wardrobe full of the T Shirts..lol

It may be worth your while to submit a Subject Access Request and get copies etc of all the original agreements etc. This should also include any letters that they sent you at the time you tried to claim etc.

It sickens me how these companies deal with customers.. GE Money got fined last week by the FSA and had conditions added to the fine that they had to contact customers and also treat them fairly. I tried to contact them again regarding my complaint.. What did they do..Totally Ignored my request to discuss the matter.. So Papers got sent to Court Yesterday.

Good Luck

Ian

[angel49]

Hi again,
I did not claim the first time I got sick as I was only in the Hosp for one week and knew I'd be returning to work the following week.At that point, I'd just been diagnosed with angina and discharged with medication. Within 8 months this worsened and now involved a leaky mitral valve so i had no choice but to give up my job. Overworked,underpaid, highly stressed nurse can you believe?

So now it's time to cut my cloth and I approached HFC to inform them of my situation, and I guess I just took their word that I couldn't claim because my G.P would have confirmed having already treated my condition from the first sickness (8 months earlier) I did ring the insurance to confirm this.

I made half payments to HFC from thereon until I could'nt manage any further and then this restructure took place. I think my main bone of contention lies with HFC virtually insisting I had to take out the insurance in order to have the loan to protect the repayments if I became ill!!!!!!!!!!!
Incidentally, what was originally a £3,000 loan rapidly became £11,000 due to all sorts of nasty charges etc.

I fully appreciate everyone taking the time to respond and I take on board all the advice/comments. As mentioned earlier, I will be sending Data Protection Act which will include a request for all original agreements including PPI details.

[Keith22]

Hi Angel49

Once you have the details can you post them so that we can see where to help you. The dates of signing / illness etc will be important. If you were told that you had to have the PPI this is also a case of mis-selling so anything you can remember about the signing will be useful. I know its a long time ago but things like: was it in an HFC branch, who with etc can all help to build up your case.

[angel49]

Hi Keith
Once again thanks for your response. I will of course post when i get a little further. I can tell you with some certainty that it was dealt with in a Birmingham branch. Originally, I had purchased a p.c through dixons and when this had been paid off, I was offered the loan etc etc etc, invited to call into my local branch to sign and also offered a credit card. The loan was for £3,000 which paid off existing cards/store cards etc and leaving some for a holiday.
I am just sorting out my Data Protection Act to send off tomorrow, and have requested access to all original agreements including PPI.

[reidnet]

Let us know when you get all the Info Angel Im sure we can all get our heads together and plan a good form of attack for you..

Ian

[angel49]

Update,
Had a letter yesterday in response to my Subject Access Request asking me to confirm dates as to when I called to cancel the ppi on my credit card with HFC as they will check phone transcripts to clarify. Because, as the letter stated, staff are in a position to cancel over the phone if theres a change in circumstances.

Are they "avin a larf?"

The fact I called them giving details of my ill health and inability to maintain full payments obviously does not count as change of circumstances.

I'm itching to see the paperwork on the reconstructed loan as this was done to match the amount I could afford to repay. This was then handled by the DMC and maintained ever since, well, up until last month.

They have invited me to call and discuss this further but I will respond by letter. Does anyone have any idea as to how I should approach this?

Thanks

[reidnet]

It is always better to stick to using letters when dealing with these sort of matters, That way they cannot deny what has been said should you have to go to court. Plus when they deal with things in writing there is always the cahnce they will contradict themselves like GE Have done on a couple of occasions with my claim..

Ian