Thread: Will Scarlet vs Blackhorse

I believe I am in a position where I can make a claim against Blackhorse for some PPI that was sold to me with a loan in early '05. I am self-employed and the £4.5k in PPI that was added (single premium) to the loan would not have covered me in the event of claiming on the policy. None of this was explained to me at the point of sale and the mechanics of how the PPI was added to the loan and the extra interest incurred were also not explained.
Unfortunately my record keeping is not fantastic and I need to get some copies of documents from BH. Will they hold a file containing all of the documents relating to my sale and in which case, can I request a copy of it? Would this need to be done using a formal SAR or will it just be supplied on request? If PPI works in a similar way to endowment mis-selling I can assume that by seeing the level of information retained by the insurance co could make my life easier as the case progresses ie. trhe smaller amount of info they have means the harder it is for them to dis-prove a mis-sale.
Is there anyone out there who has experience in this who might be able to answer some of the above, thanks.

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Would also be interested to hear if there is a particular address I should correspond with....

Address - got it, thanks.
SAR - Is there a specific format that I should be using? I was just going to re-jig the bank charge SAR. It would be helpful if there was already one on file somewhere...let me know.

HHNF - thanks for the SAR, I'll play around with it to suit my requirements and shoot it in. I'll be very interested to see the level of information they hold on the sale of this policy.

Jayne - the DPA does not dictate how long information should be stored for, just how it is stored and processed. Storage times fall back on industry regulators (fsa) to set guidelines. There is no regulatory requirement for voice recordings to be stored for a given period of time (I'm quite surprised to hear that) and there are varying guidelines on how long other info should be stored for. This is a link to the section in the fsa handbook that relates to insurance company data storage. It's not very easy to understand but you're more than welcome to try and pick the bones out of it.

http://fsahandbook.info/FSA/html/handbook/ICOB/Sch/1

Buzzing around in the PPI forum it appears that the point at which the FSA regulated the sale of PPI is quite important. Am I right in thinking that anything sold after the 2005 regulation can be referred to the fos but they do not have jurisdiction over policies that were sold pre-regulation? If that is the case does that make pre-regulation claims harder to win? I would also imagine that the structure of the argument has to be different for pre-reg cases as you are relying on legal argument/precedent as opposed to the more simple complaint based on the policy being sold in a way that did not meet the regulators criteria for how the product should be sold. Does that mean that all pre-reg cases have to go through the courts or am I missing something here? I'd appreciate some input or a point in the right direction to a thread that discusses this.

I am also keen to learn how long an insurance co. has to keep records. From what I could find on the FSA website it would appear that there are no requirements for insurance co's to keep records for a specified period of time. I'm sure these records are kept for the duration of the policy but there must come a point where records are destroyed and, in which case, claims are considerably more difficult to put together.

My case with Lloyds does not fall into the above but I'm sure I have taken PPI on other finance deals in the past and I would be very interested to understand how the claims process works for older policies, sold pre-regulation. Is it worth making a claim or is that something I should put down to experience and save myself the aggro of digging around in the loft?

Any help would be greatly appreciated, thank you.