PPI and Pre-existing medical condition

[dpick]

Copied from PPI Some notes sticky


“Good post. Do you want to add a bit about Pre-existing Medical Conditions. Most policies have a clause about this which the seller of the insurance should have brought to the attention of the client at the time. If they did not draw it to your attention and you have a condition which might make it very unlikely you could make a claim then this is also mis-selling. It is one of the reasons why I won my complaint through the FSO against LloydsTSB.”


Hi could someone comment I have a Capital one credit card which has had PPI since I got the card.
I stopped the PPI when I was told I could not claim as I had a Pre-existing Medical condition. Thought no more of it then. Am now in process of claiming back charges on it. I got the card when I was working to cover expenses (expenses paid direct to card no problem) until company had financial problems and got paid late or was given cheque at end of month. This totally screwed card and bank getting charges left right and centre. I then had to retire due to both myself and wife being ill. That was when I tried to claim on PPI . As above I don’t believe this clause was brought to my attention (I am diabetic)
Could someone give me an educated comment as to if I may be able to make a claim against PPI

dpick

[Keith22]

Hi dpick,

When recommending a policy the onus is on the seller to ensure that it is suitable for a customers needs. They should therefore have checked whether you had pre-existing conditions and not just left it to you. This is how I won two cases against LloydsTSB via the FSO as referred to in the quote in your post.

[dpick]

Originally Posted by Keith22

Hi dpick,

When recommending a policy the onus is on the seller to ensure that it is suitable for a customers needs. They should therefore have checked whether you had pre-existing conditions and not just left it to you. This is how I won two cases against LloydsTSB via the FSO as referred to in the quote in your post.

Hi Keith22 thanks for reply my capital one card had PPi included would you surgest claiming refund of PPI at same time as charges or as a seperate claim when they will know I mean business, have sent Subject Access Request for transaction history still 31 day to go to deadline for delivery.

thanks dpick

[Keith22]

Hi dpick,

I'm not an expert but I think I would gather all of your information together then think about two different claims. The unlawful charges route is well tried and documented through the small claims court. Reclaiming PPI often depends on individual circumstances and going to court could be a risky business. Personally I would tackle the PPI through the FSO once you have a final rejection from the Bank. It is a fairy simple process and cost free. The FSO makes a decision on written submissions and there have been a number of success stories. Even if the FSO decides against you the option is still open to go to court.

Once you have your info together post your findings. I can copy some bits from my ajudication with the FSO which might be useful. At this stage it might be confusing to do that now so getting the Subject Access Request sorted is the first step.

[dpick]

Originally Posted by Keith22

Hi dpick,

I'm not an expert but I think I would gather all of your information together then think about two different claims. The unlawful charges route is well tried and documented through the small claims court. Reclaiming PPI often depends on individual circumstances and going to court could be a risky business. Personally I would tackle the PPI through the FSO once you have a final rejection from the Bank. It is a fairy simple process and cost free. The FSO makes a decision on written submissions and there have been a number of success stories. Even if the FSO decides against you the option is still open to go to court.

Once you have your info together post your findings. I can copy some bits from my adjudication with the FSO which might be useful. At this stage it might be confusing to do that now so getting the Subject Access Request sorted is the first step.

Thanks Keith22 have already sent Subject Access Request so if they give full disclosure or copy statements will have PPI payments on them. I think that claiming charges first will be the better course as Capital one will then know I will go all the way will pm you when ready if thats ok.

dpick