RBS told me I was not eligable of PPI

**sythe** · 11th June 2009 16:52

Hi all............I've just been reading through an unsigned, undated customer copy of my loan agreement and the susequent default notice dated 02/01/04 and also the statement of the relevant account. The statement clearly shows that I made the required payments to the loan from 30-DEC-02 until 29-DEC-03. This loan was covered by RBS icon

Loanguard Insurance. However as my business became insolvent in Feb 2004 and I was therefore unemployed and had been diagnosed as suffering from fatigue and anxiety, I tried to apply for the loan insurance cover. RBS told me I would not be eligable for the insurance cover. I was in such a bad way at the time that I didn't even question what RBS were saying........I've been struggling along trying my best to make payments to this since then. RBS and their DCA icon

's have treated me appaulingly and I have now a complaint against them with fos icon

.

could anyone help me out here...........advise, suggestions on what I can do.........is it all too long ago? etc

krj8

**dx100uk** · 11th June 2009 17:02

i'sd certainly go for a PPI icon

reclaim [see the ppi forum] and i'd p'haps also SAR icon

them and claim back all the charges if there are any?

dx

**sythe** · 11th June 2009 18:22

hi there........thanks for your reply. I've had a look at the PPI icon

forum, but must admit I'm finding it all a bit confusing. What I feel I should get from RBS icon

is an expanation as to of why I was not eligable for cover and possible have the insurance fee as stated on the agreement deducted from the outstanding balance I'm still struggling to pay. Should I wait until fos icon

is finished with before going ahead?

Also it occurs to me that the agreement may be unenforceable anyway so should I CCA them first?

sorry if I'm being a bit dumb here, but it is all rather confusing stuff

I'd appreciate any help at all......
kind regards again
krj8

**dx100uk** · 11th June 2009 20:42

did you ask the fos icon

to address the PPI icon

issue?
if not, or anyway CANCEL IT.
and start a reclaim.

look in the stickies section at the top of the ppi forum for guidence notes./

if not i'll post the link later.

dx

**patrickq1** · 11th June 2009 21:36

However as my business became insolvent in Feb 2004
it will state more than likely no PPI icon

for self employed...therefore it is mis sold ppi you are entitled to every single penny back

**sythe** · 11th June 2009 21:36

hi dx.........thanks. I suppose I can just email my request to fos icon

and see what happens. If you can post that link it would save me some time.

many thanks
krj8

**sythe** · 11th June 2009 21:44

Originally Posted by patrickq1

However as my business became insolvent in Feb 2004
it will state more than likely no PPI icon

for self employed...therefore it is mis sold ppi you are entitled to every single penny back

Hi patrickq1..........it was a ltd company so I was not self employed but director and as far as I know that made me an employee...........howeve r if anyone knows different i'd be interested to hear.

mank thanks for replying
krj8

**patrickq1** · 11th June 2009 22:51

just inform RBS icon

you have now entered the account officially in dispute and have made a serious complaint to the fos icon

and forward your complaint to the FOS sit back and wait,,if in the meantime they pass any data whilsat in dispute you shall regard this as intimidation and harrassment of a disouted debt....remind rbs of this in your letter as well
good luck patrickq1

**patrickq1** · 11th June 2009 22:53

sorry my keyboad isnt spelling correctly lol
patrickq1

**maroondevo52** · 11th June 2009 22:55

Thread moved to PPI icon

Forum.

**alanalana** · 12th June 2009 09:42

Hello Karen,

Hi all............I've just been reading through an unsigned, undated customer copy of my loan agreement and the susequent default notice dated 02/01/04 and also the statement of the relevant account. The statement clearly shows that I made the required payments to the loan from 30-DEC-02 until 29-DEC-03. This loan was covered by RBS Loanguard Insurance. However as my business became insolvent in Feb 2004 and I was therefore unemployed and had been diagnosed as suffering from fatigue and anxiety, I tried to apply for the loan insurance cover. RBS told me I would not be eligable for the insurance cover. I was in such a bad way at the time that I didn't even question what RBS were saying........I've been struggling along trying my best to make payments to this since then. RBS and their DCA's have treated me appaulingly and I have now a complaint against them with fos.

could anyone help me out here...........advise, suggestions on what I can do.........is it all too long ago? etc

krj8

hi there........thanks for your reply. I've had a look at the PPI forum, but must admit I'm finding it all a bit confusing. What I feel I should get from RBS is an expanation as to of why I was not eligable for cover and possible have the insurance fee as stated on the agreement deducted from the outstanding balance I'm still struggling to pay. Should I wait until FOS is finished with before going ahead?

Also it occurs to me that the agreement may be unenforceable anyway so should I CCA them first?

sorry if I'm being a bit dumb here, but it is all rather confusing stuff

I'd appreciate any help at all......
kind regards again
krj8

This will hopefully help you along. I note you have a complaint with the FOS which is good but they take forever to resolve the complaints such is the magnitude of PPI mis-selling.

I have been up against RBS but eventually got a result.

Please have a read through the following.

Full SAR for ppi

Data Protection Act 1998 - Subject access request

You should specifically request the following documents:

A true copy of your Consumer Credit Agreement with the Terms and Conditions that were applicable at the time you took the loan.

Copies of all statements applicable to the loan.

Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.

Copies of all recorded telephone calls or transcripts of the recordings.

A copy of the needs and wants/ customer duty of care questionnaire... here is an example. RBS should have completed one of these in each case.!!

http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf

Copies of any notes made by any staff in their dealings with you.

Also have a look in these links for further help.

PPI - Some Notes for Claimants..

links within this one are loads more links here are a couple that may help..

For claims before 2005 and the FSA ruling from which campaign
How to tell if you’ve been mis-sold PPI

Quick check: were you mis-sold? - How to tell if you’ve been mis-sold PPI

THIS LINK IS IMPORTANT TO YOU ON RECLAIMING IT IS FROM 2001 FROM THE FOS
loan payment protection insurance and a quote from this link...

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.
It certainly looks like you have been mis-sold. The Subject access request icon

will cost £10.00 but it should get you all the data on the loan.
Once you receive all the paperwork make copies and forward to the FOS to link in with your complaint.

Have a look around for cheaper PPI you can google moneysavingexpert and you should find cheaper PPI insurance on the insurance tab at the top of the site.

Once you are happy you are covered cancel the expensive RBS PPI. They should cancel the PPI and reduce the amount owing on your loan accordingly.

I hope this helps.

aa

**sythe** · 12th June 2009 12:04

Originally Posted by alanalana

Hello Karen,

I note you have a complaint with the fos icon

which is good but they take forever to resolve the complaints
aa

thanks very much for all the info. & advice so far...........I got my head together this morning and sent the following email to the FOS:

Ref. RBS - Personal Loan No. xxxxxxxxx - Current account No. xxxxxxxxxxxx

Dear Mr xxxxxxxxxxxx
with reference to your letter to me dated, xxxxxxxxxxxxxx
I have not signed and returned your settlement form, I remain dissatisfied with the offer of settlement as described in your letter.
As RBS have on numerous occasions breached the regulations set out by OFT I now wish to deal directly only with RBS in this matter. I require an assurance from RBS that they will not instruct any other agent/s to contact me until the whole matter has been successfully resolved.

Further more, I wish to request some documents from RBS so that I can more fully access/understand certain aspects of how they have dealt with my Personal Loan Account No. xxxxxxxxx and Account No.xxxxxxxxxx
Do I need wait until this current complaint has been resolved? Can I request the documents I seek directly from RBS whilst this complaint is still in progress?

With reference to the OFT debt collection icon

guidance as follows :

1.1 The Office of Fair Trading (OFT) has a duty under the Consumer Credit Act 1974
to ensure that licences are only given to and retained by those who are fit to hold
them. The Act provides that the OFT take into account any circumstances which
appear to be relevant and in particular any evidence that an applicant, licensee, or
their employees, agents or business associates, past or present, have

:

• failed to comply with the requirements of credit or other consumer
legislation

•

engaged in business practices appearing to us to be deceitful, oppressive or
otherwise unfair or improper (whether unlawful or not).

2 UNFAIR BUSINESS PRACTICES

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,
inaccurate or misleading manner.
2.2 Examples of unfair practices are as follows:
b. leaving out or presenting information in such a way that it
creates a false or misleading impression or exploits debtors'
lack of knowledge

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority
and/or the correct legal position.
2.4 Examples of unfair practices are as follows:
b. falsely implying or stating that action can or will be taken when it legally
cannot

Deceptive and/or unfair methods

Psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.
c. using more than one debt collection business at the same time
resulting in repetitive and/or frequent contact by different parties
d. not ensuring that an adequate history of the debt is passed on as
appropriate resulting in repetitive and/or frequent contact by different
parties
e. not informing the debtor when their case has been passed on to a
different debt collector
h. ignoring and

/or disregarding claims that debts have been settled or are
disputed and continuing to make unjustified demands for payment

2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:

k. not ceasing collection activity whilst investigating a reasonably queried or
disputed debt.

I await your response.

yours sincerely
Mrs K R xxxxxxxxx

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