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As requested:
Basically a mortgage was taken out on a right to buy scheme (ex council) with the company Regency on the same night through the same company a PPI on this mortage was arranged.
The PPI was to cover myself only and not my wife, the reason this was done was i had recently found out that i had epilepsy, but at the time the Doctors could not tell why at my age this had suddenly come on, so i was still haveing tests done.The epilepsy was NOT effecting my life , iw as still able to work, and the frequency of the seizures was no more than one or two every couple of months.
The rep from Regency took notes relating to this illness, asked a lot of questions etc.
He said that this would effect the price of the premiums.
Not a problem as long as i was covered.
I was asked to sign a fixed 3 yr insurence which would take me up until july 05, the cost of this was £1575.00.
The doctors find out the reason for the epilespy is i have a brain tumor (not cancerous) but it is what is causing the epilepsy.
In 05 the epilepsy was now begining to effect my life , i was advised to stop driving, and the frequency was around two per week, but i was still able to work.
In july 05 i was contacted by MMS Ltd (this was the company who Regency got my insurence with) and asked if i wished to renew the policy as it was coming to the end of the 3yr fixed term.
I was asked on the phone : "had my illness got any worse"
"did i want to continue with the policy" To which i answered yes to both, when i went to explain that my illness had got worse, the telephonist said its ok i do not need any more medical info as you have not made a claim against this policy in the last 3yrs.
In sept 05 i was advised by the Hospital to stop working as the seizures were getting more frequent and i was blacking out, the company that i work for have been very good and have kept my job open for me should i wish to return, but due to health & saftey they feel it would be in their best interest also.
So, i try to make a claim against the said PPI to cover my mortgage. MMS first said that i cannot claim because the inception date was only in july, i said that this was when it was renewed it was NOT a new policy.
Then they said that i cannot claim because "it was a pre-exsisting medical condition" I said that you already knew that and that is why i was paying a higher premium, the premiums had now gone upto £65.00 pm from the renewal.
Anyway, Mortgage company we were now with (gmac) took us to court for repossesion and we was forced to sell..(but thats another story).
I got my MP involved and then MMS stated they would pay back the renewal premiums only and if i felt the Policy had been mis-sold to me then i should take this matter up with Regency.
Well thats where we are at now?
Regency are saying that at no time did i disclose anything about my illness to their rep?
If this is the case why was i asked .
"had my condition got any worse and did i want to renew the said policy" when it was up for renewal?
So basically MMS are offering to pay back their part of the renewal policy but feel if i think the policy was mis-sold then i should take this matter up with Regency?
Bankfodder..have i made this a bit clearer or even more confusing, sorry!
I Think your first step has to be to raise a S.A.R - (Subject access request) to MMS and get copies of all the application forms etc. I would also submit a SAR to Regency to again obtain all copies of application forms etc. You may well find that they may differ from each other ?.. Once you recieve the information go over it all with a fine tooth comb, you may well be surprised what may come to light.
Good luck and keep fighting them..
Ian
Lloyds TSB -PPI - Full refund . 05/09/06 (As Seen on TV)
Halifax settled in Full.. 22/09/06
TSB First Claim SETTLED IN FULL 19/10/06
Second Claim to Lloyds TSB - Settled in Full
Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07
PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.
If my post has helped you, please click the scales! :grin:
Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.
Reidnet
thank for your reply!
Im sorry i havent replied to it earlier but have been caught up with things..
Anyway i will apply for SAR from MMS & Regency, and we will see if they differ or if they show anything at all?
One thing i cant understand is....
if MMS feel (as they have done all along) they are in their right NOT to have paid out on the PPI in the first place? Why have they offered a refund at all?
How would they have known about my ilnness if i had not told the rep in the first place?
Once again reidnet thanks for your help and advice
No Problem, Thats the idea of this site for eachother to offer advice and support.
Good luck in your fight to get back what is yours..
Ian
Lloyds TSB -PPI - Full refund . 05/09/06 (As Seen on TV)
Halifax settled in Full.. 22/09/06
TSB First Claim SETTLED IN FULL 19/10/06
Second Claim to Lloyds TSB - Settled in Full
Firstplus - early settlement interest charges - Challenged the use of the rule of 78 - SETTLED IN FULL 12/1/07
PPI - GE Money / Purpleloans / Firstplus - Now Settled after 1 year long hard fight.
If my post has helped you, please click the scales! :grin:
Anything said is my opinion and how I understand the law, always consult professional legal advice before taking something to court.