Halifax Mortgage & Tesco Loan Total Payment Protection - Supposedly!

[DevastatedButHopefull]

Hi Everyone,

 

I took out a halifax mortgage for my home in June 2003. Later on that same year I took out Halifax's total protection insurance which would cover me for sickness, loss of employment and death. I originally had life and sickness cover with them, but was assured that the Total Payment Protection would cover me in every eventuality, so I signed up for it thinking this was a very sensible thing to do. I paid my premiums and mortgage payments happily until until the end of 2004 when I had to leave work due to depression caused by harrassment at work. When I lost my income, I also lost the ability to pay my premiums and mortgage, so I put in a claim for loss of employment.

 

I was then told by the halifax that they wouldn't accept this, and they rejected the claim.

 

My doctor then told me to re-claim and she and a social worker called the Halifax up on my behalf. This time the Halifax said they would consider my claim but I needed to get a doctor to certify that I was acutely depressed first. I did write to them - in fact I corresponded by email which was quicker - time was elapsing and it was taking the Halifax several weeks to respond by mail. Anyway when I did hear from them again - it was by phone, and they told me that they wouldn't be able to process the claim as I had missed to premium payments in a row... I offered to pay them the premiums to re-open my case, they said it was impossible to do that as it had now been officially closed.

 

The only thing they could do is start me up on a new policy and I'd have to wait 6 months before making any claim. But as I was now out of work and ill, they wouldn't be able to offer me a policy.

 

Having the PPI was my insurance against not being able to meet my financial obligations, when they didn't pay out, I lost everything. I ended up having to sell everything I owned to make ends meet. Things got so bad, that I very nearly lost my home,and had a to go through a lenghthy battle with the courts to re-mortgage with a sub-prime lender the London Mortgage Company who charge me twice as much as I paid when I was with the Halifax.

 

I was so poor that the Samaritans were called round by Social services to deliver food parcels to me and my kids - it was a really terrible time.

 

At the time, I also had a loan with Tesco's that also had PPI - same story with them, they made me take out their own insurance policy had a requirement for being accepted for the loan, But when I did lose my job and got sick, they didn't pay out.

 

I've been to the CAB and about this - and I was told that I have a strong case against the Halifax & Tescos - I'm not 100% where I stand at this moment in time - can someone advise me?

 

Due to the Halifax not paying out what I was told I was entitled to, I am now in an enromous amount of debt, I will likely lose my home when my new mortgage comes up for renewal in 2009. The council sent bailiffs round in 2006 - they took the only thing I had of value which was my laptop - it had a log of all my email correspondence to teh halifax and Tescos and the details of my correspondence with the CAB. I lost everything due to the insurance companies paying out.

 

I hear there's a 6 year limit on making claims on these institutions. That will elapse at the end of next year. Is there anything I can or should do to claim back my premiums /puruse a claim. I'm not 100% of what my options are (if any)... please help!

 

Thanks for all your help - and sorry for the long post.

DevastedButHopefull

[BaldyBaldwin]

why did they decline your claim?

[DevastatedButHopefull]

why did they decline your claim?

Firstly they said depression wasn't a valid reason for leaving work, but after my GP spoke to them they then changed their minds and said they would accept if I could a signed certificate from a specialist. My GP was going to make the referral for me and I let them know it was going to be a couple of weeks to get sorted. Then they said they couldn't accept it now that 2 months of unpaid premiums had elapsed. Truth is they delayed the claim process. My memory is a bit sketchy as it was several years ago, but I do have some paperwork on it - with regards to the policy. Most of the claim stuff was done via email - and subsequently lost when the bailiffs took my laptop.

 

What do you think?

[DevastatedButHopefull]

Hi

 

What I would like for a starter is to get the Halifax to send me all the details of what happened, why they originally denied my claim and all the subsequent correspondence we had on this (as I don't have a copy of the emails). How would I go about getting this, is it in fact possible or too late?

[BaldyBaldwin]

wot are the medical exclusions stated in the policy? have you suffered from depression before?

[Paintball]

Hello DB

 

I'm so sorry to hear your story ... I understand the situation as I've been in something similar and come out the other side

 

I also have a mortgage with LMC ...

 

The first thing to do is to send a S.A.R - (Subject Access Request) to the Halifax and in it you should request a true copy of the application form, a true signed copy of the credit agreement, a copy of the Terms & Conditions of the loan including those relating to the PPI element and all exclusion clauses and all statements for the loan account including PPI payments and showing interest added to the payments, and a transcript of the sales conversation in hard copy and/or audio format. Ask them to tell you whether the sale was made as Advised or Non-Advised.

 

This is your starting point and you should do the same with Tesco too.

 

Also, have a peek at this PPI and pinpoint the areas where you feel mis-selling has taken place on the part of each lender. There are useful statements here that you can use in your letters.

 

Send you SAR requests by first class recorded delivery enclosing a £10 cheque with each letter (keeping a photocopy of each for your records). Each lender has a statutory timelimit of 40 days to provide the info you request.

 

Forget the six year limit at the moment, we'll deal with that later should it be necessary.

 

When you come to sending your preliminary request for payment, you'll find there'll be loads of help on here for letter writing, legalities and hints and tips.

 

Edited November 6, 2008 by Paintball
Adding text.

[BaldyBaldwin]

you should also do the same with Tescos

[Paintball]

Hello DB

 

I'm so sorry to hear your story ... I understand the situation as I've been in something similar and come out the other side

 

I also have a mortgage with LMC ...

 

The first thing to do is to send a S.A.R - (Subject Access Request) to the Halifax and in it you should request a true copy of the application form, a true signed copy of the credit agreement, a copy of the Terms & Conditions of the loan including those relating to the PPI element and all exclusion clauses and all statements for the loan account including PPI payments and showing interest added to the payments, and a transcript of the sales conversation in hard copy and/or audio format. Ask them to tell you whether the sale was made as Advised or Non-Advised.

 

This is your starting point and you should do the same with Tesco too.

 

Also, have a peek at this PPI and pinpoint the areas where you feel mis-selling has taken place on the part of each lender.

 

Send you SAR requests by first class recorded delivery enclosing a £10 cheque with each letter (keeping a photocopy of each for your records). Each lender has a statutory timelimit of 40 days to provide the info you request.

 

Forget the six year limit at the moment, we'll deal with that later should it be necessary.

 

When you come to sending your preliminary request for payment, you'll find there'll be loads of help on here for letter writing, legalities and hints and tips.

 

 

 

 

 

[BaldyBaldwin]

was only trying to help, some people are so touchy, bye

[DevastatedButHopefull]

wot are the medical exclusions stated in the policy? have you suffered from depression before?

No - I've never suffered from depresssion or had any health problems before. When I took out my mortgage and the PPI I was in the top most group (AA or whatever it is and credit lenders were desparate to be my friend . Unfortunately I was subjected to some very oppressive behaviour at work (there was a change of management) and even though I tried to stick it out as I loved my job (7 years I worked there), in the end I just couldn't and ended up having two nervous breakdowns.

 

Now I'm at the bottom of the barrel credit wise - but I'm fighting fit and I want to them to at least acknowledge the terrible 4 years of living hand to mouth that my family and I went through and losing everything I had worked my entire life for. My two little babies suffered too I can't forgive or forget that.

 

I'll check the documents I have tonight and see what the exclusions are - exactly. Thanks for replying - really appreciate being able to get this off my chest

[DevastatedButHopefull]

was only trying to help, some people are so touchy, bye

I'm not sure what you mean by this - I appreciate all your help, as I said, did I say something I shouldn't have to upset you?

[Dyanomo]

Don't worry about the above, I think BaldyBaldwin needs to take a chill pill and relax himself.

 

Paintball is full of excellent advice so you should listen to her, she has been instrumental in the success of a recent claim of mine.

 

Just a thought but is it worth talking to a solicitor about your troubles at work. Perhaps there is a case there for constructive dismissal. I went through a similar situation myself, unwanted attention in the male dominated environment I worked. In the end I felt I had no other choice but to leave. I mentioned the words constructive dismissal to my boss and suddenly a whole heap of options opened!

What have you got to loose?!

 

Keep going with the PPI issue though and good luck!

[alanalana]

Hello devbuthopfu,

 

cut your handle short so apologies for that:)

 

I will try and cover the points you have raised, Highlight in RED and answers in BLUE,

I took out a halifax mortgage for my home in June 2003. Later on that same year I took out Halifax's total protection insurance which would cover me for sickness, loss of employment and death. I originally had life and sickness cover with them, but was assured that the Total Payment Protection would cover me in every eventuality, so I signed up for it thinking this was a very sensible thing to do. I paid my premiums and mortgage payments happily until until the end of 2004 when I had to leave work due to depression caused by harrassment at work. When I lost my income, I also lost the ability to pay my premiums and mortgage, so I put in a claim for loss of employment.

 

I was then told by the halifax that they wouldn't accept this, and they rejected the claim. Mis-sold policy as the terms and conditions were not fully explained at the point of sale, They sold you a policy that would not cover you. Do you have a needs and wants questionnaire from them to show the PPI would be appropriate to your needs?

 

My doctor then told me to re-claim and she and a social worker called the Halifax up on my behalf. This time the Halifax said they would consider my claim but I needed to get a doctor to certify that I was acutely depressed first. I did write to them - in fact I corresponded by email which was quicker - time was elapsing and it was taking the Halifax several weeks to respond by mail. Anyway when I did hear from them again - it was by phone, and they told me that they wouldn't be able to process the claim as I had missed to premium payments in a row (how damned convenient to delay a response thereby putting your claim into dispute because of missed payments therefore putting the blame on you to put your PPI unclaimable (DESPICABLE ACTION)... I offered to pay them the premiums to re-open my case, they said it was impossible to do that as it had now been officially closed. See (Yes we got your money you are unwell no pay no premiums no insurance so go away we have your money and will keep taking it.

 

The only thing they could do is start me up on a new policy and I'd have to wait 6 months before making any claim. But as I was now out of work and ill, they wouldn't be able to offer me a policy. ( how very nice to have a fully supportive HALIFAX and TESCO)

 

Having the PPI was my insurance against not being able to meet my financial obligations, when they didn't pay out, I lost everything. I ended up having to sell everything I owned to make ends meet. Things got so bad, that I very nearly lost my home,and had a to go through a lenghthy battle with the courts to re-mortgage with a sub-prime lender the London Mortgage Company who charge me twice as much as I paid when I was with the Halifax.

 

I was so poor that the Samaritans were called round by Social services to deliver food parcels to me and my kids - it was a really terrible time.

 

At the time, I also had a loan with Tesco's that also had PPI - same story with them, they made me take out their own insurance policy had a requirement for being accepted for the loan, But when I did lose my job and got sick, they didn't pay out.

 

I've been to the CAB and about this - and I was told that I have a strong case against the Halifax & Tescos - I'm not 100% where I stand at this moment in time - can someone advise me?

As earlier post Send Full Subject Access Request and ask for every little bit of data they hold on you as a subject for all loans, mortgages in whatever form printed, electronic, tape, CD, Mictofische. Do not let them fob you off with the statement "as the files are not in a relevant filing system we do not have to provide them" The Data protection Act 1998 Part 1 Section 1 (1)(a)(b)©(d) also paragraphs (2),(3) and (4). Sections 2 to 6 inclusive. Also Part II Section 7 Paragraph (1) (a) (b)(i)(ii)(iii) and © (i)(ii).

If you need to see the ACT see this link....

Home - Statute Law Database

 

Just type in the data protection act in the title and 1998 in the year and hit the yellow GO button to get the full ACT.

Due to the Halifax not paying out what I was told I was entitled to, I am now in an enromous amount of debt, I will likely lose my home when my new mortgage comes up for renewal in 2009. The council sent bailiffs round in 2006 - they took the only thing I had of value which was my laptop - it had a log of all my email correspondence to teh halifax and Tescos and the details of my correspondence with the CAB. I lost everything due to the insurance companies paying out.

 

I hear there's a 6 year limit on making claims on these institutions. That will elapse at the end of next year. Is there anything I can or should do to claim back my premiums /puruse a claim. I'm not 100% of what my options are (if any)... please help!

 

Thanks for all your help - and sorry for the long post.

DevastedButHopefull

 

Hope this helps in addition to the earlier advice you have been given.

 

Good luck

 

aa

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[Paintball]

Hello all

 

 

Oh Baldy, don't be like that, pet ... when have you ever known me to be touchy? Hence the and in my reply.

 

aa, tip-top advice. Convenient excuses from the lenders, I've been there and, as I said, after two years on CAG, have sorted my credit file

 

DBH, you have come to the right place to get plenty of help and support from everyone here in getting your finaces back on track ... and reclaiming that PPI ...

 

Edited November 6, 2008 by Paintball

[DevastatedButHopefull]

Hello devbuthopfu,

 

cut your handle short so apologies for that:)

 

I will try and cover the points you have raised, Highlight in RED and answers in BLUE,

 

Hope this helps in addition to the earlier advice you have been given.

 

Good luck

 

aa

[/url]

Thanks for all this Alanalana.

 

I don't think I was ever sent a needs and wants questionnaire. The whole Total payment protection insurance with the Halifax was arranged on the phone and then they sent me quote, then the final policy. That's all really - I'll do as you suggest and request everything from them.

 

Thanks for helping:)

 

DBH

[alanalana]

hello DBH,

 

Thanks for all this Alanalana.

 

I don't think I was ever sent a needs and wants questionnaire. The whole Total payment protection insurance with the Halifax was arranged on the phone and then they sent me quote, then the final policy. That's all really - I'll do as you suggest and request everything from them.

 

Thanks for helping:-)

 

DBH

 

You are welcome If you do not get a full response to your SAR within the Statutory 40 days bang in a complaint to the ICO and still proceed to claim back your PPI through the FOS or Courts, both options are available if you go the FOS route first but if you go the Court route and lose the FOS will not take up your complaint.

 

If you see post 290 on my thread.............

alanalana PPI claim against RBS (looking for some help) please

you will see the ICO response it took a while but the result may turn up more information for me.

 

aa

[Paintball]

Evening DBH

 

I think there are a whole range of procedures and regulations that Halifax SHOULD have followed (and most likely Tesco too without jumping the gun too much) but which they have sidestepped in order to take advantage of your lack of knowledge and fleece you of your money.

 

Such shoddy business practice brings shame on the financial services industry and I hate to think of you (and others) suffering in the way that you have.

 

Fortunately for us borrowers, the FSA is unhappy with the level of complaints for mis-selling of PPI received by the FOS and action initiated through the courts.

 

Onward and upward and we'll help you get your money back