PPI claim rejected, help with response

[idontknow123]

Hi,

 

Santander have responded to a mis-sold PPI claim based on a pre-existing medical condition and would like some help in regards how to respond.

 

This is what they said:

 

"In your letter you have advised that you were not asked if you suffered from a pre-existing medical condition that would have made the policy unsuitable. How please understand that having an illness prior to the cover being taken out does not exlcude you from the insurance, this simply may mean that you cannot claim for this condition in future. This information is clearly detailed in you policy."

[dx100uk]

i'd post this on the ppi forum

 

dx

[idontknow123]

Yes indeed. I was meant to put it there but my brain in it's infinite wisdom clicked on store cards section.

 

Can an admin move it please to PPI section.

[maroondevo52]

Thread moved to the PPI Forum

[sleepz]

What they're basically saying is that a pre-existing medical condition will not render the policy useless as you would still be covered in most cases if you were made reduntant (for example, as long as that wasn't in relation to the pre-existing medical condition).

 

You could maybe write back to them, thanking them for their response but add on something along the lines of

 

"I reiterate that I believe I was mis-sold this policy because I was Suffering from a pre-existing medical condition that could affect my insurance and was not made aware of this by the salesperson at the time."

 

If you’ve had medical problems in the past it's not enough to assume that you'll be able to claim a refund, the key point is whether, at the time of application, you were told this was an important part of the policy and were asked to disclose any past health issues. If you weren't asked to disclose any information, then you could have a valid case.

 

Make sure you get all the information from them in the form of a S.A.R

If you proceed with this without the signed contracts etc in hand and it turns out they did ask you, and you signed to acknowledge the fact, then you could be in trouble as far as fraud is concerned (im not saying that's the case, I don't even know if you've had your documents back from them, just be wary if you havn't).

[alanalana]

Hi,

 

Santander have responded to a mis-sold PPI claim based on a pre-existing medical condition and would like some help in regards how to respond.

 

This is what they said:

 

"In your letter you have advised that you were not asked if you suffered from a pre-existing medical condition that would have made the policy unsuitable. How please understand that having an illness prior to the cover being taken out does not exlcude you from the insurance, this simply may mean that you cannot claim for this condition in future. This information is clearly detailed in you policy."

 

anyone with policy details please post.

 

I do not believe what I am seeing here.

 

So you can have a pre existing medical condition which would not exclude you from having this insurance but Simply may mean that you cannot claim for this condition in the future.

 

So you can have the insurance and you can have a pre existing medical condition which would not exclude you from having PPI insurance BUT but Simply may mean that you cannot claim for this condition in the future.

 

Define future is this nanoseconds after you agree to the policy or weeks, months etc

 

what a load of bullsh** IMO

 

aa

 

[dx100uk]

wriggle wriggle..........

 

dx

[idontknow123]

This PPI claim are on accounts that have been paid off and closed for over a year if this makes a difference.

 

I tracked down the insurers of the PPI and asked them if I could have information about pre-exisitng medical conditions. There stance was that I was able to have a medical condition but still claim for example if I broke my leg or was made redundant. My only problem is that this limited to what I could claim on as my condition is a form of arthritis.

 

I asked if they could specify what is claimable with a pre-existing medical condition and they said to ask the creditor for the policy documents.

 

If anyone has policy documents from GE Money could they look to see if it gives exclusions about what type of conditions are able to be claimed on. If it doesn't then i'm in a bit of a grey area.

[alanalana]

This PPI claim are on accounts that have been paid off and closed for over a year if this makes a difference. ( you should IMO proceed to make a claim and if they try and fob you off complain to the FOS - ensuring you send them copies of all the letters sent an received)

 

I tracked down the insurers of the PPI and asked them if I could have information about pre-exisitng medical conditions. There stance was that I was able to have a medical condition but still claim for example if I broke my leg or was made redundant. ( and non of this is pre existing) My only problem is that this limited to what I could claim on as my condition is a form of arthritis. (which as a non medical trained person could be classed as a pre existing medical condition)

 

I asked if they could specify what is claimable with a pre-existing medical condition and they said to ask the creditor for the policy documents. ( if the creditor has not provided the documents you should send a Subject Access Request with the fee of £10 and specifically ask for copies of the Consumer Credit Agreement with the terms and conditions applicable to that agreement at the time it was entered into)

If anyone has policy documents from GE Money could they look to see if it gives exclusions about what type of conditions are able to be claimed on. If it doesn't then i'm in a bit of a grey area.

 

If you have not already sent a SAR then time to use one of these templates.

 

Data Protection Act 1998 - Subject Access Request

 

and another one here...

 

Full SAR for ppi

 

You should 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/cards.

 

Copies of all statements applicable to the loan/cards.

 

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.

 

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

 

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

 

Make them do the work do not accept a simple fob off letter if you had pre existing medical conditions at the point of sale then the PPI was mis-sold to you and you should claim your money back.

 

aa

[pompeyfaith]

Is having a laugh at post 6 lol nicely put Alan

 

PF