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  1. I had an ongoing PPI Claim with Capital One (since October 2012) in which was rejected and referred to FOS. This was again rejected on the basis that it was a non-advisable sale and suitable for my circumstances even though I was in full-time employment, with sufficient redundancy fund and sick-pay cover etc for the rather small amount outstanding of nearly £500 (my credit limit). I did further argue the case, that I had not ticked any PPI agreement box on my postal application but for some reason it was added at a later date (about 6 weeks) in which they advised I agreed to. When I requested details regarding the later agreement, the copy that they sent is not a very good one and quotes a completely different Capital One account number ? complaint was then passed to the ombudsman, and I have today received their findings and they have also decided not to uphold my complaint. Has anyone experienced the above with Capital One (or any other entity) / FOS / Ombudsman and could possibly enlighten me regarding the Final Decision Acceptance / Rejection Form to sign. What happens if I reject the decision ? Will I still have an opportunity to provide any further reasons why I disagree or request any further details from Capital One ? As this was one of my initial complaints and obviously know more now than then, I did not proceed with a SAR as I still had all of my statements and copy of my application form. They also state that they are happy to discuss with me about rejecting / accepting the decision but they cannot discuss the detail of the complaint ? I have searched various forums regarding Capital One and believe they reject a majority of any claims presented but also wondered am I wasting my time in pursuing the matter ? Sorry for any silly questions but this is my first experience of this situation and would appreciate some clarity in the matter.
  2. Story: I parked my car at Solihull Train Station Car Park on 15-Dec-2013 and paid coins machine for one day windscreen ticket whilst on a day trip to London. Thought I may need two days but did not understand how to pay for two days as no option on the coins machine. I read a large notice which gave options to pay online should I wish to pay for advanced day parking / extend for the 2nd day so this gave me the confidence to use the RingGo service for the first time if I needed to. When in London I decided to stay the night on the assumption that I could confidently pay RingGo for 16th December parking. So on Sunday night (15th Dec) I created RingGo mobile aco**** at 10:50pm and tried to pay for Monday 16th Dec with my SmartPhone but service kept failing. It kept stating in red print 'This car park is currently free. Please refer to the nearby signage for the next charging period' I then called the RingGo number before midnight and numerous times on Monday morning but the automated phone system does not have an operator option at all and I did not know the Solihull Station ID number. All attempts to pay via phone also failed without the station ID. Finally my mobile battery died. I contacted my family via payphone Monday morning to login to my new website account and pay for a ticket to cover the 16th but they could only do so @ 12:29pm. On returning to my car late night on Monday 16th I found a penalty notice issued at 09:12am Monday 16th December. I genuinely tried many times to pay but the service just did not work. I appealed the PCN to MET Parking services in London explained above with evidence from RingGo and phone statement showing I created an account and attempted paying but they rejected my appeal. They acknowledged everything but stated it is the drivers responsibility to Pay for parking before leaving the car unattended. RingGo's website clearly states Solihull Station car park accepts advanced bookings or extension to existing days. I've received my POPLA code from MET so can appeal to them and risk fine increasing to £100 or pay now £60 to finish this pain. I realise I should have checked this forum before my first appeal as there is great advice from the users/community. I know that POPLA seem to be accepting around 60% of appeals to them in favour of the driver. Do i stand a chance using genuine pre-estimate of loss as the charge is actually a penalty since I tried using their payment service which is poor and phone system had no option to speak with any operator so left me in the lurch. My car had a winscreen ticket for first day so surely no common sence for them to say I left without paying on 2nd day. Sincere thanks to anyone who takes the time to reply and advise me on my path.
  3. I'm new to this site so please bare with me, hopefully I have posted in the right place. On Saturday 26 October I went to PC World/Curry's to purchase an Ipad and 3D TV on their buy now pay later scheme. I was told that as I was purchasing an apple product I could have the 12 months option. As I have used the scheme before with PC World and Creations I thought all would go through without a hitch. I was stunned when I was told that the application had been declined and was given a letter by the salesperson. I promptly telephoned Creation to be told by the person on the phone that it looked like all the information had been entered correctly and I must have been rejected because of something on my credit report and should contact Equifax. I knew that there was no problems with my credit report as my bank gives my access to ID Aware acts the same way as Equifax. I have a high credit score, which they say is in the top 20% of the country and everything on there says either settled or cleared. I registed with Equifax so I could see the information they were holding. Again I had a high credit score and everything they held said excellent or good. I spoke to Equifax who told me the problem must be with the lender. I have emailed Creation again who have told me that the rejection was because of their internal credit scoring, but they won't give me any information as to how they have reached the decision. I am at the stage now of wondering, does an application get rejected from an applicant who has no debt, has never been in arrears with anything, and has always cleared the amounts borrowed from Creation in the past well in advance of the 6 months period. Is it a false promise of buy now pay later, but make sure you don't pay by the due date so we can make some money out of you from charing interest fees? Has anyone else been in this situation and if so how did you resolve it? Can someone five me some advice as to how to get the the bottom of a matter that Creation just won't discuss. I thank you in advance.
  4. I posted a different thread previously (I am starting a new one for fear of being spied upon). Long story short. I bought a "toaster". It was faulty. I reported it was faulty to the shop I bought it from immediately after purchasing it. They authorised me to take it to another shop to get it fixed. The other shop fixed it but more faults manifested themselves. I tried to get these new faults fixed but I couldn't. After 6 weeks of repeatedly trying to get the toaster fixed I rejected it under the sale of goods act, took the faulty toaster back to the shop I bought it from and asked for my money back. I paid £8000 for the toaster, the shop offered me £6500 by way of refund due to the pieces of bread I'd been cooking in it since I had it. I thought that was an unfair to deduct me £1500 for my brief and fault riddled ownership. I had no option but to use the toaster because I had to "eat" or get it to the shop for repair. The shop later upped their offer to £7000. I still thought this unfair. I sent a Section 75 claim off to my credit card provider at the same time I rejected the toaster. I've just heard back from them 4 months later and they are not willing to give me my money back because the shop has offered a refund. The toaster was faulty, the shop I bought the toaster from admitted that the toaster was faulty. I have repeatedly asked the the shop (and now CC company due to them being jointly and severally liable for the faults with the toaster) what they are basing the refund figure on and why they think it fair to deduct £1000 from the purchase price but they've refused to respond to this question. Does anyone know if they can just pick any figure they like and deduct it from the purchase price? Does anyone know if there is a point of law upon which deductions from refunds is based?
  5. Hi Readers After doing a little digging, I found out I had 4 loans with Lloyds TSB from 1988 to 2003 which had PPI, all 4 loans total was £29,000 for varying amounts. Unfortunately I didnt have the original documents however my local branch had the total amount I had borrowed & the length the loans ran which was actually the full term of the loan. I sent Lloyds the relevant documentation to complain about mis selling of PPI, they replied & informed me that the PPI was not mis-sold. I took the case to the FOS & in no time my case was upheld. I received a letter from Lloyds with an offer of £4,800 stating it was a good will gesture & that they were not liable for mis-selling of PPI, they also said it was an average payout without me having original documentation & that Lloyds also did not keep the original documents as it was more than 7 years. I declined their offer & challenged it as feel Lloyds did not follow the FOS guidelines of simple interest from the start of the loan to the current day ( I believe its 8% per year)? The FOS has acted in my favour again & upheld it a second time, informing Lloyds to follow their guidelines. However i am not sure if Lloyds will try & fob me off with some silly offer or will they really apply the FOS guidelines of reimbursement? How can a bank not admit liability but still offer you £4800 as a good will gesture? Im still waiting for a 2nd offer from Lloyds! Any help appreciated! Thanks
  6. Hi guys, Just looking for a little advice on the best course of action. I have a 2k debt with EON. I am with Payplan, and they sent an offer through of 80 per month. This was then rejected by Payplan. What would be the best thing for me to do here? Continue paying through Payplan despite them rejecting the offer? Should i contact EON directly? Will they just issue a CCJ? I really cannot afford anymore than i have offered through Payplan. I have moved house in the last couple of months and my current supplier is not EON. Any advice would be greatly appreciated. EON are the only company to have rejected my offer. KatySue.
  7. Hi, a friend has had a claim rejected by the loss adjusters and she wishes to fight this. Is her next move to write disputing the rejection and asking for a review? And then on to the ombudsman? Any help appreciated.
  8. Hi, I would really appreciate some help in dealing with a response to an unsuccessful mobile phone claim with LSG, the insurers who underwrite Co-op's mobile phone insurance cover as part of my Co-op Privilege Premier Account. I recently lost my mobile phone and immediately contacted my network provider. However, as it was simply lost (and not stolen), I neglected to contact the police until a month later when prompted by the insurance company to obtain a crime reference number. Today, I received a letter stating my claim had been rejected as I didn’t contact the police within 24hrs of losing the phone (part of the T&Cs of the cover) I feel this is unfair as and not sure how to appeal as the T&Cs state it quite clearly! Am I fighting a losing battle?
  9. Hi My Father had his IB/ESA rejected at the tribunal few months ago and now they have cut his benefits completely, with the expensive rent mounting up now. What should we do now as I am rather lost at how it all works. Does he apply for JSA? It says on their website you cant apply if you received ESA in last month, I think his stopped a week or two ago. What does he actually do in the long term? Considering he has an illness that will be for the rest of his life and severely limits his ability. His getting old, has no skills or qualifications and is both physically and mentally diminishing. I really don't know what they expect him to do, no one is going to give him a job let alone manage to find a suitable one, and he is really stressed out, i dont think he even sleeps properly at night anymore. Thank you for any help
  10. Hello, sorry if this has been asked before, I cant find an answer anywhere. Around 1 year ago I submitted my PPi claims to RBS for my 4 bank loans and a still active credit card which was part successful, I won my loan PPi claims to the tune of £4,300 but at the time my credit card claim was rejected by the claims manager. At the time of claiming I told them that I had applied in branch for my credit card and the advisor filled in the application form for me advising me that it was in my best intrests to take the protection (I have also recently seen an application form from around the time I applied and it suggests on the application that PPi should be taken.) and that I had cancelled the PPi when the news broke about PPi mis-selling. When I received the rejection form it said that my application was a mail in application so I could not have applied in branch so my claim was stopped there, I left it at that because I had won on the other 4 claims but seeing the application form recently renewed my thought that I should'nt have left it at that. I am pretty sure that I was offered the card at the same time as refinancing a loan in branch and if the application was a mail in one as notified, it was the branch that mailed it as I have never applied for any credit outside of my bank. (13 year customer). I on Monday have sent in a CCA request to get a copy of my application form (which I think I only signed never filled in) to see if it is in my handwriting and find out if anything can be done. I still have full copies of the original claim and rejection letters along with enclosed terms and conditions but no copy of the application even though it was noted in the enclosed documents. My main issue is that it is too late to do anything about it. Is a year too long? i keep seeing 6 months for ombudsman help but nothing for appeals or re-applications. Any advice or knowledge of this would be most helpful. I can also scan and upload the docs if they are needed. Thanks for reading, Alex.
  11. In order to reject a used car, do I take it back to the dealer, even if we are in dispute about how much he will refund me? I am planning on taking him to court for the full amount I paid, plus compensation for repair costs, as it broke down after one week and was not as described. If I take the car back, do I sign the car over to him while I let the court decide how much he should refund me? If I keep the car until the issue is resolved, do I have to insure it, even if I don't use it? The car tax is due to run out, can I claim back the cost of this, since I am not able to use the car due to the dispute? I have asked the dealer to collect it, but our negotiations have been going on for almost 3 months and he keeps changing his mind about what he is prepared to offer me. Meanwhile I have a car that I can't use.
  12. Hi All, When boarding my usual bus journey back from work last week, I tapped my Oyster on the Oyster card machine, it did not respond so I tried again (I had swiped correctly, with card flat against it). Prior to this, a lady in front of me had swiped her card several times and it also did not work for her - No beeps, Green or Red signals, so she went to sit down. I took her experience into account after I had tried swiping my card and informed the bus driver that the machine did not work (either she froze the machine or the machine was coincidently unresponsive for us both), he did not respond so I went to sit down (The lady and I was not stopped). About 15 minutes into my journey, a bus inspector got on, my Oyster was swiped and she informed me that my card had not been registered, I explained the incident to her and she took down my name and was asking for my address. Half way through her note-taking, I questioned whether she was issuing me with a fine. She said "No" and that it is just for "Back office checks" to see whether there is a fault with my card or the Oyster machine. I did not argue and was cooperative as I knew I was not guilty of any intentions to skip a bus fare, though I did ask whether we could check my card there and then (with every intention to pay my usual bus fare). She told me not to worry and that she would check with the bus driver. Suddenly , one of her colleagues came up to her and said they had to leave the bus at the next stop, she quickly said "Respond to the website within 21 days or you will get a fine" and handed me a folded leaflet with the website on and left. I opened up the leaflet to find a Penalty fare inside. I felt cheated as she had issued me a fare without me knowing and left the bus without checking with the bus driver as promised. I went downstairs to the bus driver and questioned him, telling him that he did not reply when I told him that the machine did not work. To this, he got defensive (I assume as he did not want to take responsibility) and said "No, no, no! I would have told you if your card had not swiped! You people do not swipe your card properly and this is what happens!" I angrily took down the bus details and went home to make a direct complaint to TFL and tried contacting IRCAS on the telephone. The number given on the IRCAS leaflet was an automated line, being frustrated not being able to get through to a real person, I decided to complain to TFL online through their CCTV and Bus Complaints links, requesting CCTV footage of the incident. I appealed to IRCAS and received a letter to say that my appeal has been turned down. This is the reason I was given: " When traveling on the bus, you must touch your Oyster card flat on the card reader on boarding the bus. It is your responsibility to touch in correctly and to check for the green light and single beep to ensure that your Oyster card has been validated. Failure to touch in correctly may result in the issue of a Penalty Fare." 1. I did touch my card correctly and swiped it twice to be sure. 2. It didn't work for the lady in front of me so I don't believe that we were both not accurate in our swipes. 3. I informed the bus driver who did not respond. 4. The bus inspector slyly issued me the penalty fare and mislead me with information. Anyone experience this kind of lousy service? The bus driver does not take notice of his passengers and the bus inspector saw me as an easy target just to fill her quota. I'm not exactly a trouble-maker but wanted to question the bus driver. I do not believe that I should be forced to pay the fine with a invalid reason that they had given me. It seems like they did not investigate the incident throughly and just sent me a letter of rejection. I have not heard back from TFL, anyone know how long (if they do) they take to get back to you? Do I have a leg to stand on if I appeal again? Please help!
  13. I rec'd a PCN on for parking on Private land. The parking Permit was displayed in the Passenger side door but we still got a ticket. I appealed and sent a copy of the parking permit along with the PCN and it got rejected. When I appealed I admitted to who was driving at the time. Will I have to pay the ticket now? It's £60 and I just can't afford that. I have 14 days left after which time it will be £100. I appealed via their website and when submitted it said I would receive a reply via email. I didn't receive a reply from the company that issued a ticket, I logged into their website because it has been a week since my appeal and I hadn't rec'd a reply. That's when I saw it had been rejected and there is no info on how to appeal again. I clicked on the appeal button but it says I can't appeal again since it had been rejected once already. What can I do now? Do I have to pay the ticket. Please help and Thank you in advance.
  14. Hi My partner's sister bought a car a few years ago. She lost her jobs, had twins, got pregnant moved house and her partner left. Phew. She can no longer afford payments. She owes around £23000 to the company. She has been offered £20000, the loan company has refused to accept. Their argument is that they 'might' get more at auction. We all know that they will sell for what they can get, what happens if they sell for say, £17000. They will come after the shortfall. We have letters with the rejection offers. Where do we stand on the matter. Thanks
  15. 18 months ago my car insurance company paid out to a third party after they had claimed my already dented car had hit their car. I had firmly denied this to my car insurance company at the time and only learnt of the payout 6 months later when my renewal price was hiked by 50% - roughly the cost of the payout. After complaining they belatedly examined my car and eventually admitted they were wrong to pay out. They gave me back two years no claims bonus and mypremium was cut back to what it had been the previous year. 12 months on when talking to them about this year's renewal I discovered that this non incident is still on their database. I wasn’t planning to renew with them again but shouldn’t they have wiped this from their database? I assume that this is the same database that other insurance companies access? Am I obliged to declare this non incident when declaring previous claims/convictions to other insurers? This would obviously lead to a hike inthe new premium. If I didn’t would my new insurance be invalidated in the event of another claim and would I be committing a crime? Of course I can complain again but I learnt last time that this is not a swift process and my renewal is due shortly.
  16. I went into my Barclays branch in 2004 to see if I could get a £50 overdraft...and came out with a Barclaycard with PPI added on. After doing my research I know I was mis sold this policy as: * I was a student working casual hours as a waitress * I didnt ask for it * I was told it was compulsory and I would only get the card with PPI added on * I had not been working more than the required 6 months to legible to make a claim - yes ive done my research. Yes the features and benefits were explained, but i was took advantage of, I had jus tgone 18 and the banks practically rinsed me. I did try to make a claim on the policy a few years later, my circumstances were the same, but this time I was at univeristy again working casual hours, the claim was rejected as I was told I wasnt legible. This is when I cancelled the policy. Im more furious at the fact that barclays have rejected my claim, as it has been blatantly mis sold. They have wrote to me today, saying asiam over 18 and under65, they believe the policy was not mis sold. They also say I was in part time employment and was therefore legible to claim on the policy - even tho I tried toclaim and it was rejected !! They finish off by saying that they can not find any evidence to suggest tha tI was under pressure to take the policy or it was mandatory, so deny the policy was mis sold. What aremy next steps. I am so mad that they are denying a genuine case and not jumping on the bandwagon.
  17. Hi All Sorry but I was unsure where to post this issue so thought best to put it in the general forum. My main question is - Is there a legal meaning for 'wear and tear?' My claim for a Head Gasket failure has been rejected because of this. My car is an S reg so their clause of things they will not cover 'Failure of parts as a result of wear and tear' can surely be used against every claim I ever make which is surely unfair. When I applied for the cover they asked for my registration number and mileage and then increased my premium because of the age and mileage of my car. I am about to complain to the Financial Ombudsman but I am looking for help on how to put my point across with regards to a unfair clause which can be used against any claim for a car of its age taking into account I pay more because of that very issue. Thank you and I look forward to your help. Tony
  18. im going to keep this brief: I purchased a car of ebay trader having being told i was getting full recon engine, new turbo and six months warranty since buying car i have had lots of trouble of which dealer was aware of from 2nd of purchse. It started with bad oil leak turned out it where engine had been fitted wrong lots of bolts also damaged fitting engine also the engine is not a full recon just old block with original parts added and there is no warranty with garage plus more issues appeared with car. I have followed consumer rights info 14 day letter responded dont care if i go to trading standards they take years and in meantime your dont have a car. 30 day pre-court no response After looking into where i stand i was told win in court but never get a penny out of him just throwing good money at bad but trading standards should be dealing with anyway he broke 3 laws in place to protect us from them. 1. dealer and garage fiddled service book to up value of vehicle 2. dealer sold car not to standard as advertised 3 dealer sold car not fit for purpose Took all evidence to trading standards where i was informed due to cut backs there not really dealing with the traders breaking the laws but you can take him to court but its a lottery, probley better if you just fix car and forget it. I stuck now as where i go with this and who to see to help fight agaist this matter of trading standards turn turning a blind eye any help here guys.
  19. Hi, What started as a simple question ended up as a mini novel, so I decided to give you the executive summary here with my questions at the end of the post. I sent a SAR to Canada Square Operations (who handle the Egg PPI claims), received a huge pack of A4 pages and found evidence that PPI had been applied to one of my accounts. Sent in the PPI questionnaire (albeit with the wrong acc no) and received a reply yesterday saying that they reject my complaint as they couldn't find an account where PPI was applied. ---------------------------------------------------------------------------------------------------------------------------------------------------------- A few weeks ago I decided to look into whether I could claim back PPI from an old Egg Loan I had in the early/mid 2000s. I hadn't kept any documents so I started with a SAR and after an initial letter saying something like 'we have no records' etc (which from what I read is a standard letter sent out) I received a huge pack of A4 pages and started to look through them. During the time that I had Egg Loans and cards, I had topped up my loan a few times and I had also consolidated my cards and loan. So, looking though this huge pack (of often duplicated pages) I found the relevant entries on loan applications like: Payment Protection, PPIPremium, PPICover Level, and so on. On most of them these were N, 0 and blank respectively, but on one of the applications it was Y, 5071.13 and ASUL (whatever that means, I didn't find any explanation in the paperwork). I was quite sure that I was sold PPI (or some sort of insurance) as I remember having a conversation on the phone when applying for the loan where I was told to get it or 'they' would probably not approve my loan, and now I had the details and was certain it wasn't just my imagination. a couple of weeks ago I sent in the PPI questionnaire with as much information as I could find/remember and yesterday I got a letter (in fact two, one saying that my complain had been received and that I would hear from them within x weeks) saying: "I would like to assure you that I have carried out a full review of your account and all of our records indicate that you have never actually purchased this product, nor has it ever been applied or charged to your account. Therefore, your complaint has not been upheld and has been closed." It does go on to say that it is their final response, however, if I have any additional information to contact them with the details. I thought maybe I wasn't actually paying PPI, but had another look and found a couple of pages I had missed the first time round. One had the Account Number (which I hadn't found when I sent in the PPI questionnaire and instead I had, mistakenly, used the Application Number/PartyID from the Application Report) along with Application Date, Date Opened and more to the point PPI on Account, PPI Cancelled and PPI Cancelled Date. Turns out that I had 3 accounts with only one having PPI on it. Furthermore I found an "Account Information Report" page with various info but also a "Loan PPI Rebate" which detailed the amount I had paid, a Rebate Description (PPI Premium - Egg Loans) various other bits and an Amount Earned (which was the same as Amount Paid". ---------------------------------------------------------------------------------------------------------------------------------------------------------- my questions are: - Is the rejection letter I received just an effort to fob me off or have I misunderstood what I've found in the documents they sent me? Perhaps their excuse is that I didn't provide the correct account number? (Although it boggles the mind how they could have "carried out a full review" and have missed it? I'm assuming they actually use computers for their "full reviews"!) - Should I reply to them with the correct acc no and see what they say or should I take it straight to the FOS? I just find it extremely distasteful if they are in fact trying it on - especially as if I am correct, then they must know full well that I have paid PPI. Any advice would be most appreciated. Theo
  20. Can anyone clarify a few things about a claim for PPI I recently made please? I received a letter from Egg a few months ago advising that I may have been mis-sold PPI so I filled in the questionnaire and sent it back. I was self employed from 2002 to 2011. I had a loan in 2003 with them that was settled in 2006 and I think I was paying for PPI - I have no paper work for it anymore. I received a letter back from Canada Square Operations who are handling the ppi claims and it says: "I understand from your complaint that it concerns the sale of payment protection insurance, and in particular that you are of the opinion that you were mis-sold a product... We note the allegation you have made regarding the sale of the policy, is that you did not feel the policy was appropriate for your circumstances as you were self-employed at the time of the sale. We acknowledge there may have been flaws in our sales process. However, despite the allegation you have made I am not persuaded that the sale failing you identified above would have affected your decision to take out the PPI. This is because, taking in to account your circumstances at the time of the sale which are disclosed in your questionnaire, it is clear that you had no other means at the time of protecting your loan repayments. You stated in D.5 of the questionnaire that you would not have received any pay from your employer if you were off work due to incident, sickness or it you were made redundant. You also stated in section D.6 that you did not have any other means of making your repayments if you were unable to work through sickness accident or unemployment. As a result, I am rejecting your complaint and this letter represents our final response" I'm obviously not happy with the decision but I can't work out why it has been rejected. The reasons don't make sense to me. I was self-employed, they haven't said that I would have been covered so I am assuming I was exempt from the policy. I know I wouldn't have bought it had they told me I wasn't covered so surely, I have been mis-sold it - either by them asking my profession and ignoring it, or by not telling me I wouldn't be covered if I was self employed? Why is there this emphasis in the letter about not having any other means to cover my loan repayments? Surely I take out PPI because I have no other means to cover it so that point is irrelevant?? Sorry for the long post- I am trying to decide whether to appeal as the letter also says I can do that within 6 months to the ombudsman, I just don't want to make an argument that isn't valid and waste my time if someone can point out what it all really means. Thanks for looking and Happy Christmas! Andy
  21. Been burgled by six masked robbers who came armed with taser guns and CS gas and now claim has been rejected due to no force of entry. They tried to kick down upvc kitchen door but they did not acheive this so they came in throught the patio door which we never use and they picked the lock as there is no sign of force of entry. These guys were proffessionals and now the insurance company have rejected the claim after reading police report that there was no sign of force entry. Is there a body i can write to to who can help me with this claim as its just so unfair.
  22. Please I need some help, I took out a loan awhile ago that am still paying for it and decided to claim my PPI back, I called Blackhorse and filled in the questionnaire that was sent to me but to my amazement today I received a letter stating "In your questionnaire dated you said You were not informed of the features, benefits, exclusions and limitations of the policy You were told that taking out the policy would increase your chances of getting the loan It was not made clear that the PPI policy is optional You advised that we automatically included PPI in the quotation You were pressurized into taking the policy Their conclusions are "In light of my findings, I feel that our adviser acted fairly and reasonably throughout the sale, I have found nothing to suggest that you were compelled into the taking out the policy. I believe that the information provided at the time of sale was a fair presentation of the features of the policy and explained the policy exclusions and the total cost of insurance. I am also of the opinion that it was clear, fair and not misleading therefore allowing you to make a fully informed choice. My review has not highlighted any failings with the sale that would lead me to believe your decisions to purchase the PPI policy would have changed." What can I do now as I need your help please
  23. Good afternoon, I'm after a bit of advice regarding a PPI claim with MBNA. I took out a credit card with BT back in 2008, which was later bought by MBNA, I was sold PPI at the time having no idea what I was in for and being constantly reassured by the sales woman that it wouldn't cost my anything and was just in case. I was self employed at the time and as such was not even eligible for it. The saleswoman was very persistent and pushy. I contacted MBNA and submitted a PPI claims enquiry they pointed me to. Yesterday I received a letter from them to say I'd been unsuccessful in my claim and they cited what sound like quite a few bogus reasoning's. I've included an excerpt from the letter below. " - you took the credit card on 30 April 2008; - you were sold PPI over the telephone on 10 May 2008; - at the time of the sale, you stated that you had been employed as a self employed IT Consultant. Unfortunately we do not have a recording of the sales call. However, we have been able to review the information that our associates where required to give you at the time, from which it is clear that your sale was made on a non advised basis. In other words, it was not personally recommended to you. You have said that the policy was not suitable for your needs. Since no advice was given our associates were not required to ask whether you had any existing insurance in place, collate any information about your demands, needs and circumstances and nor did we have a duty to ensure that the policy was suitable for you. However, we were required to give you information which was adequate for you to make an informed decision about whether or not you wished to purchase the policy. The information that our associates were required to give you at the time of the sale required them to set out the terms and conditions of the policy, eligibility details, the main exclusions and details of the 30 day cancellation period. In addition, you were sent a Policy Summary and full Policy terms and conditions after the call. The Policy Summary set out the eligibility for the policy, the benefits of the policy, the main exclusions and the cancellation terms. The full Policy Document provide further comprehensive information. As such, I consider it more likely than not that your information needs were met. You have also said that you felt pressured to purchase PPI. However, at the time of the sale, our associates were required to inform you that the policy was optional tand to gain your consent. they were required to as you "Can I confirm that you are happy for me to add this to your account today and that you agree...". I therefore take the view that our associate would have made you aware that the policy was optional and was being added to the account. you have made allegations about weakness in our disclosures about key features of the policy, including details relating to the cost and benefits of the policy. In making a decision on your complaint, I have considered whether, had all the key features been fully explained, your decision to take out the policy would have been affected, based on your circumstances at the time. After considering all of the information I have about your complaint, I note that you would still have received significant benefit from this policy in the event of disability or unemployment, as the benefit more than covered your minimum payments each month. Furthermore your sick pay and other benefits would not have prevented you from making a claim under the policy and there were no other terms, limitations or exclusions which were likely to have prevented you from making a claim. ... This is our final response to your complaint. If you remain dissatisfied, you now have the right to refer your complaint to the financial ombudsman service, which you must do within six months of the date of this letter..." Where to from here, OFT? Do I have a case?
  24. Hi everyone, A few months ago I posted about a medical appeal that I lost (thanks to all that replied) Well as I lost the appeal but am still unfit for work at the moment I called the DWP to check the options (after checking here) and was indeed told my options where 1. Make a new claim for JSA 2. Make a new claim for JSA until 6 months from the original decision 3. Make a new claim for ESA if your condition has worsened Well after talking to my GP he agreed that my condition has worsened as my suicidal thoughts increased and the medication I was on weren't working, He gave me a new sick note stating "Depression/Anxiety, Worsening depression + anxiety, switching medication" I then sent this along with the claim pack and other relevant information and they received it on 20-11-2012, As they said to give it a few days for it to be processed I waited a week. I decided to give them a call on Monday (26-11-2012) to ask what the status was and was first told they never received it and my original claim was closed (The 0800 number did confirm it on the previous Friday) , So as the lady wasn't really bothered any more she offered a call back. When I got called back they once again confirmed they received my claim and that it was with the decision maker and to call back later in the week. So I called them today (28-11-2012) to ask how the case was going and finally got through at 17:50, And the person on the phone said they closed the claim on the 26th (which was the original one) I then had to explain that I made a new one and he said he'll check again, He then told me that the decision maker decided on the 27th to REJECT the new claim, When I mentioned that my condition has worsened and I stated this in the claim he put me on hold and when he got back just said "Nope..still rejected" and told me my options where 1. Claim JSA , 2. Appeal it , 3. Wait until the 6 months has passed (07-12-2012) I'm going to call them again tomorrow but I was just wondering if anyone knows if what they did was correct and if I should appeal it would I still get paid or do I have to get crisis loans ? It's a bit baffling as there is no point in making a JSA claim as when I tried on line it said you can't if you claimed ESA within the previous month, also by the time they process it will be passed the 6 months so I'd only be wasting time. It's just stressing me out as I've not been paid in over 3 weeks and my money is slowly running out and I'm at wits end again
  25. hi although i have had been apparently paying ppi for over 6 years and their summary of finding were that at the time for the non advised sael they had no obligation to discuss products with consumers.they had no responsibility to help us decide on policy cover. please help there is more on the letter very long
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