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Can anyone help me i recived a letter back today saying they can not help me as i ticked the box saying i wanted the PPI?? cant remeber doing this also i am self employed and they also stated i am still eligable for the insurance however there are certian criterias that must be met .which they stated i should of read in the terms and cond? can i still claim? or are i waisting my time.
it says on the bottom of the letter they will not enter into any further correspondents regarding this matter unless instructed to do so by the fos??what shall i do?
You have 2 ways to go from here you can eithr take it through the small claims court or through the fos.
You can get the fos form here our complaints procedure and how to complain fill it in and post it along with all corresponse you have sent and also received.
Bit of info for you regarding there response - I would assume that your main defence of this claim would be that i had signed the documents and had ticked that they I wanted to take out your PPI Policy and had a certain period of time to decide whether this PPI Policy was suitable for me.
May i remind you of the burden of proof in relation to Misrepresentation Act Claims? In particular i invite you to considerthe case of Howard Marine v A Ogden (1975)
This case established that a customer should be able to rely on the information given and that even without intent to misrepresent, if the consequences of a misrepresentation are such that a customer is disadvantaged, then that is enough.
It also established that a clause in a contract which states that a signature indicates full acceptance is not valid where it would be unlikely that the customer would have the skill and inclination to go through the fine detail.
In the case of our client and with regard to your defense of my claim on the basis i signed the documentation which labeled the PPI “Optional”, this is a very poor and unfair defense. As you are wishing to deny the claim on the basis i signed product documentation to show I had read, understood and agreed with your product information, i believe I am justified in drawing your attention to this important case law.
Also may I draw your attention to FSA rule ICOBS 6.1.9 which states that Cancellation rights do not affect what information it is appropriate to give to a customer in order to enable him to make an informed purchasing decision.
You have 2 ways to go from here you can eithr take it through the small claims court or through the fos.
You can get the fos form here our complaints procedure and how to complain fill it in and post it along with all corresponse you have sent and also received.
Bit of info for you regarding there response - I would assume that your main defence of this claim would be that i had signed the documents and had ticked that they I wanted to take out your PPI Policy and had a certain period of time to decide whether this PPI Policy was suitable for me.
May i remind you of the burden of proof in relation to Misrepresentation Act Claims? In particular i invite you to considerthe case of Howard Marine v A Ogden (1975)
This case established that a customer should be able to rely on the information given and that even without intent to misrepresent, if the consequences of a misrepresentation are such that a customer is disadvantaged, then that is enough.
It also established that a clause in a contract which states that a signature indicates full acceptance is not valid where it would be unlikely that the customer would have the skill and inclination to go through the fine detail.
In the case of our client and with regard to your defense of my claim on the basis i signed the documentation which labeled the PPI “Optional”, this is a very poor and unfair defense. As you are wishing to deny the claim on the basis i signed product documentation to show I had read, understood and agreed with your product information, i believe I am justified in drawing your attention to this important case law.
Also may I draw your attention to FSA rule ICOBS 6.1.9 which states that Cancellation rights do not affect what information it is appropriate to give to a customer in order to enable him to make an informed purchasing decision.
Hope this helps
Thanks Nick
Really useful piece of information to retaliate to the "but you ticked the box". therefore you agreed
Could you give us a bit more info on the actual court case, as it would be useful to place in the ppi court bundle sticky. and also for the ppi POC's
Thanks:grin:
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Quote:
When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses.It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.
Only those matters deemed to be relevant by the insurer.
So the insurer surely must ensure that the product is fit for purpose and therefore ask relevant questions in the case of PPI and the debtor that would ensure none of the exclusions within the policy being sold would apply and that the policy would be fully suitable and fit for the purpose it is being sold (AT HIGH COST) to provide the insured person.
oh god im lost now sorry...so i need to fill in the complaint form and send it off..am i right in thinking they will then send me a letter stating the above?
oh god im lost now sorry...so i need to fill in the complaint form and send it off..am i right in thinking they will then send me a letter stating the above?
Not exactly
This post above was purely to point out the responsibility of the seller of the PPI to ensure it was a valid policy for you and I was asking for input from hhnf and nickk for their views.
Take it easy chinnygirl you will get the help you need
aww thank hun ill fill in the Ombudsman form now what will i put were says
please tell us your complaint? will just put unfair bank charges and missold PPI?
Quote:
When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses.It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.
Only those matters deemed to be relevant by the insurer.
So the insurer surely must ensure that the product is fit for purpose and therefore ask relevant questions in the case of PPI and the debtor that would ensure none of the exclusions within the policy being sold would apply and that the policy would be fully suitable and fit for the purpose it is being sold (AT HIGH COST) to provide the insured person.
Anyone have any views on this?
aa
Hello AA,
Obviously this is what these institutes should of done, but in my experience many of the poor victum who suffered at the greedy hands of them, did not know they had it (me included, with the nasty and M&S)
These loans "with cover" were quoted as this is what you will pay monthly No mention of ppi even in recorded telepone calls
People where told it was the condition of the loan
And these lot laughed all the way to the bank (pardon the pun) with their profits and paid commission for reaching targets
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
aww thank hun ill fill in the ombudsman form now what will i put were says
please tell us your complaint? will just put unfair bank charges and missold PPI?
Hiya Chinneygirl,
I see your complaint is regarding ppi and bank charges.
You can complain to the fos re the ppi and they will undertake a investigation now.
I do believe with the bank charges that they will acknowledge the complaint, but will file it and not act upon it till the outcome of the test case which is presently at court.
Have a look at AA mammoth thread I am sure their will be a copy of a complaint that he sent to the fos.
You are just basically telling the fos your story, give the facts and reasons why you where mis-sold the ppi,
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Quote:
When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses.It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.
Only those matters deemed to be relevant by the insurer.
So the insurer surely must ensure that the product is fit for purpose and therefore ask relevant questions in the case of PPI and the debtor that would ensure none of the exclusions within the policy being sold would apply and that the policy would be fully suitable and fit for the purpose it is being sold (AT HIGH COST) to provide the insured person.
Anyone have any views on this?
aa
Hi aa
The majority of providers/brokers didnt ask questions regarding the suitability of the PPI Policy however some companys do complete a Demands and Needs Questionaire but the questions on this are simple
i.e age at end of Policy, Employed/unemploed, Have you sought medical treatment over the last 12months, Do you have a policy which will cover you for this loan, would you like to be covered.
However you will fnd that the vast majority of these do not need to be signed. So the Provider can complete this with the info they alleady know about you so if you cant remember compleing one i would challenge the provider and ask for a signed copy but im not sure of the relavent laws regading this i.e. if it has to be signed.
aww thank hun ill fill in the ombudsman form now what will i put were says
please tell us your complaint? will just put unfair bank charges and missold PPI?
Hi Chinny
Have you completed the fos form yet if not let me know which parts you are unsure about.
hi nick thanks i just need to no what to put in the colum were says what is my complaint?
Hi Chinny
In the box which says -
please tell us what your complaint is about put in
I wish to lodge a complaint against the Payment Protection Insurance levied on my account.
Please refer to the attached documentation for further details.
Then in the box at the end of the form which says
Client Testimony - put in the following but delete or change for your circumstances.
The policy was mis-sold to me because of the following reasons –
1 I felt pressured into taking out the policy.
2 I was made to feel that if he did not take the Payment Protection Insurance Policy then he would be refused the loan.
3 I was not made aware that the Payment Protection policy would only cover me when there were 2 persons on the loan agreement.
4 I was not made aware that the Insurance Policy would not cover the full term of the loan. I was not made aware of this fact at the time the PPI Policy was sold to me. If I had been aware of this I would have either have not taken out the policy, or found a policy elsewhere which would have offered the appropriate protection over the full period of the loan.
5 I was not made aware of the full cost of the insurance policy as they I was not made aware that I would have to pay interest on the Payment protection Policy fee.
6 When I signed the paperwork with them the full terms and conditions and Policy Details were not explained to them and it was not made aware to me that there were certain exclusions within the policy which could affect me either at the outset or during the life of the policy. It was just said that the PPI would cover me for unemployment.
7 I was sold this PPI Policy and the premium was added to the loan amount. Effectively this made me borrow more, which then had to be paid off throughout the full term of the loan, including interest on the loan amount and also the PPI which was the same rate as the loan.
If I had been made aware of the above points I would have either not taken out the policy, or found a policy elsewhere which would have offered the appropriate protection which would have also covered the full term of the loan.
hi nick much appreciated but you no were you say Client Testimony its not on the form just says please give us any other details that you think will help us understand your complaint
this MBNA card was done online so do you think that this still applies?
The majority of providers/brokers didnt ask questions regarding the suitability of the PPI Policy however some companys do complete a Demands and Needs Questionaire but the questions on this are simple
i.e age at end of Policy, Employed/unemploed, Have you sought medical treatment over the last 12months, Do you have a policy which will cover you for this loan, would you like to be covered.
However you will fnd that the vast majority of these do not need to be signed. So the Provider can complete this with the info they alleady know about you so if you cant remember compleing one i would challenge the provider and ask for a signed copy but im not sure of the relavent laws regading this i.e. if it has to be signed.
The RBS sent one Demands and Needs questionnaire requiring my signature against all the relevant questions.
Sadly for them all the relevant questions did not include questions on pre existing medical conditions. This is my main claim.
You could perhaps look at my thread and see the mighty battle I have had since January and still ongoing.....
I still await allocation to a case worker for my complaint to the ICO in March (receipted in May) asking for an enforcement order to be issued to RBS to release all of the information with regard to my Subject access request sent in January. Only one demands and needs questionnaire was provided, I had three loans in total so there is some missing information
The fos are still dealing with two of my complaints and fortunately I have one success after refusing a goodwill gesture complaining to the FOS the Goodwill gesture was increased by about 30%.
The FOS do take time and patience is required but this in my opinion is a good option as it brings the banks etc into the view of the FSA, OFT and whoever else you complain to.
At the moment the fos are allocating claims to a case worker which was registered with them in april so i would think prob about 3 - 5 months for a decision for your claim.
Regarding the d & n being signed the vast majority do not have a signature so u are 1 of the unlucky ones but as you say no mention of medical history so that shouldn`t be a problem. Good look with everything if you need any info on anything give me a shout and ill see if i can help.
They Have Sent Me Proof Of Me Ticking The Box Online For PPI ? As State This Is Good Enough For signature So Will I Not Have Leg To Stand On? Ugh
Hi chinny
Im not to sure regarding it being applied for over the internet as ive never had anything to do with loans being applied for over the internet. So if anyone knows anything about this any help would be appreciated.
I would still send it to the fos as all it will cost you is a stamp and they might still uphold your claim.
Mbna Ppi
?? cant remeber doing this also i am self employed and they also stated i am still eligable for the insurance however there are certian criterias that must be met .which they stated i should of read in the terms and cond? can i still claim? or are i waisting my time.
Reply With Quote
Originally Posted by nickk
(me included, with the nasty and M&S)
No mention of ppi even in recorded telepone calls
