Any opinions on my chances, letter mailed out last week. Thanks. MIS-SOLD AND MIS-REPRESENTED MORTGAGE PAYMENT PROTECTION INSURANCE (PPI)
REQUEST FOR REPAYMENT OF PREMIUMS AND REFUSED BENEFIT REFERENCE NUMBER
I believe I have been mis-sold a PPI policy and would like to request a full refund of my premiums and refused 'XXXXXX' benefit , plus interest paid.
Until the recent publicity around the mis-selling of PPI I was unaware of my rights, which is why I am now contacting you. I took out the PPI advised by your sales representatives via telephone and the agreement was signed and returned although it is missing from your recent response to my Subject Access Request (Subject Access Request), so I must assume it no longer exists. I asked for all the information on these accounts and no telephone transcripts were provided, so these must also no longer be held by yourselves.
The Terms & Conditions of the small print were not fully explained to me.
Specifically I had no idea that I could be unemployed through no fault of my own but you could use a clause in the small print to evade payment.
A description of mis-selling from the Financial Ombudsman consumer fact sheet on PPI:
...' the policy was not properly described to
them – and they bought it not
understanding it wasn’t suitable or how
I believe that a reasonable level of care and skill was not offered to me during the sales process, and that therefore you failed to meet your obligations under the terms of section 13 of the Supply of Goods and Services Act 1982.
'In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.'
I believe you have broken several of the Principles of Business.
Which are legally binding on you, under the Financial Services & Markets Act 2000, and are contained in the FSA Handbook:
Principle 1 Integrity - A firm must conduct its business with integrity.
Principle 2 Skill, care and diligence - A firm must conduct its business with due skill, care and diligence.
Principle 6 Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly.
Principle 7 Communications with clients - A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.
Principle 9 Customers: relationships of trust - A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgement.
I was suspended, then dismissed due to falling foul of office politics.
I lodged a case with the local Industrial Tribunal and my lawyers were approached with an out of court settlement. The lawyers advised me to accept the offer and I did.
I claimed the 'XXXXXX' benefit of your PPI. In your letter of XXXXXX you advised me that: 'According to the information supplied it would appear that your employment was terminated due to misconduct which is specifically excluded under the policy terms and conditions.'
I appealed given that part of my settlement was a glowing reference and the charge of gross misconduct was removed by my former employer.
You replied in your letter of XXXXXXX that:
'Further to your letter, I must advise you that to enable your claim, to proceed further I will require evidence form (your spelling) an Industrial Tribunal to confirm that your dismissal has been won in your favour and that they ruled out gross misconduct. Unfortunately, I will be unable to accept an out of court settlement'.
As I had already accepted an out of court settlement, I did not have the option to restate my case to an Industrial Tribunal.
If the small print clause you used to deny my claim had been made known to me when speaking to your telephone advisor while discussing the features of your 'XXXXXX' PPI I would obviously have proceeded with the Industrial Tribunal.
Not withstanding the above it is a tautology that you can accept the information I provided to you that I was dismissed due to misconduct but then refuse to accept an out of court settlement in the form of a fax from my former employers to my lawyers, as proof that I was not dismissed for misconduct.
In fact were you to write to XXXXXX human resources (the employer) they would give you a good reference for me still and would deny if asked that I had been dismissed due to misconduct.
'XXXXXX' cover started from XXXXX.
So I am requesting repayment of premiums from XXXXXX until xxxxxx with contractual interest. Schedule enclosed. Also I request xxxxxx the unpaid monthly mortgage benefit while I was unemployed from xxxxxx to xxxxxx with contractual interest. Schedule enclosed. If I do not receive a favourable response from you within 14 days I will pursue this claim either through the Civil Court or the Financial Ombudsman Service. Yours faithfully