Direct Line/RBS PPI - Demands and Needs

[shizmoo]

I took out a loan through Direct Line (RBS) at the end of 2006. I still have all the original paperwork.

 

I applied online and did not tick the PPI box. Couple of days later someone from Direct Line phoned me and it was at this stage that PPI was sold to me. I then received the paperwork, signed it and sent it back.

 

I would like to claim back the PPI as it is obviously useless to me. I am about to send a SAR letter - do I send it to Direct Line or RBS? And what do I put on the Postal Order?

 

It seems like I have a multple agreement with the PPI added onto the loan. The payments are not set out separately so I have no idea what the monthly PPI amount is.

 

Amongst the paperwork they sent to me in 2006 was this:

------

STATEMENT OF DEMANDS AND NEEDS

We have not provided you with a personal recommendation as to whether our Loan Payment Protection policy is suitable for your specific needs. Please read your policy documents carefully to ensure you understand the eligibility criteria and the cover provided to you.

------

Does anyone know, that by sending this, they have got out of their obligation to make sure the policy was suitable for me when they sold it?

 

Not seen anything like this on any other thread, so wondering what my reply would be.

[birchave0]

I wouldn't worry too much about that, just a way of trying to shift the blame

 

The loan agreement should show your total amount of credit, it should also show the total amount of PPI including interest. I would send a full SAR to RBS, as long as it has the account number on it you should get your info.

 

[alanalana]

I took out a loan through Direct Line (RBS) at the end of 2006. I still have all the original paperwork.

 

I applied online and did not tick the PPI box. Couple of days later someone from Direct Line phoned me and it was at this stage that PPI was sold to me. I then received the paperwork, signed it and sent it back.

 

I would like to claim back the PPI as it is obviously useless to me. I am about to send a SAR letter - do I send it to Direct Line or RBS? And what do I put on the Postal Order?

 

It seems like I have a multple agreement with the PPI added onto the loan. The payments are not set out separately so I have no idea what the monthly PPI amount is.

 

Amongst the paperwork they sent to me in 2006 was this:

------

STATEMENT OF DEMANDS AND NEEDS

We have not provided you with a personal recommendation as to whether our Loan Payment Protection policy is suitable for your specific needs. Please read your policy documents carefully to ensure you understand the eligibility criteria and the cover provided to you.

------

Does anyone know, that by sending this, they have got out of their obligation to make sure the policy was suitable for me when they sold it?

 

Not seen anything like this on any other thread, so wondering what my reply would be.

 

My demands and needs differed over four loans with Direct Line and three with RBS. You should be aware that Direct Line Financial Services was legally transferred to RBS and the evidence is within my thread.

 

This was the problem I encountered and I believe if you read through my long thread fighting Direct Line and RBS you should find the way to approach your claim.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/111159-rbs-ppi-claim-long.html

 

You can use any templates or letters to your advantage, changing the detail to suit your own claim of course.

 

It worked for me claim was a success via the FOS £10k plus.

 

If you need more assistance just post.

 

aa

Edited September 23, 2009 by alanalana
text added

[shizmoo]

Thanks for your input.

 

Do you think that by putting in the disclaimer with the original docs that they do not provide personal recommendations will go against me?

 

Can they get away with putting these disclaimers in or are they still responsible for making sure the ppi is suitable? Just not sure what my reply would be.

[alanalana]

Thanks for your input.

 

Do you think that by putting in the disclaimer with the original docs that they do not provide personal recommendations will go against me?

 

Can they get away with putting these disclaimers in or are they still responsible for making sure the ppi is suitable? Just not sure what my reply would be.

 

You claim mis-sold PPI the onus is on them to prove it was not mis-sold. So they should provide the complete demands and needs questionnaire and it should show you initials against every question they asked you at the point of sale of the loan and PPI. It must also show all the relevant questions have been asked on Pre existing medical conditions, employment status, age and much more if the demands and needs questionnaire is incomplete, not initialled by the applicant on each question asked then it should be considered that the loan and ppi attached to this is mis-sold. The banks must ensure the product is fit for your needs it is not for you to prove it was not.

 

aa

[landy_alert]

You claim mis-sold PPI the onus is on them to prove it was not mis-sold. So they should provide the complete demands and needs questionnaire and it should show you initials against every question they asked you at the point of sale of the loan and PPI. It must also show all the relevant questions have been asked on Pre existing medical conditions, employment status, age and much more if the demands and needs questionnaire is incomplete, not initialled by the applicant on each question asked then it should be considered that the loan and ppi attached to this is mis-sold. The banks must ensure the product is fit for your needs it is not for you to prove it was not.

 

aa

 

Hi shizmoo:-)

 

We have Demands and Needs form for PPI attached to a loan and I was wondering whether the existence of such a form does indeed have a bearing on the mis-selling aspect.

 

Ours certainly doesn't have questions with boxes to tick etc etc as alanalana has mentioned. This was also done over the phone (although not with Direct Line/RBS in this case).

 

Our lender has intimated that the existence of a Demands and Needs form shows the PPI wasn't mis-sold (amongst their many other reasons!), but this was a 'non-advised' sale and I'm wondering whether that makes a difference to the way the form is structured or indeed whether a 'non-advised' sale negates the need for such a form?

 

We also have an old settled loan with Direct Line which we have just put in a mis-sold PPI claim for. This is currently being investigated by RBS/DL and I will be interested to see what response they come up with at the end of their 8 weeks - will follow your progress with interest......good luck!

 

Regards,

 

Landy x

[shizmoo]

I don't have a Demands and Needs form. Just a sheet of paper, sent to me at the time of the loan, stating that they have not provided a personal recommendation as to whether PPI is suitable for me. In other words, this has been a 'non-advised' sale. Just wondering whether they can use that as a defence. It seems, from what you say Landy, that they will use this to try and get out of paying. So I guess, what I'm thinking is, can they get away with it by stating it was a 'non-advised' sale?

 

Landy, did you send your SAR to RBS or DL? Just wanted to get it right first time to stop them making excuses. Good luck to you too. I will also follow your progress with interest.

[birchave0]

I don't have a Demands and Needs form. Just a sheet of paper, sent to me at the time of the loan, stating that they have not provided a personal recommendation as to whether PPI is suitable for me. In other words, this has been a 'non-advised' sale. Just wondering whether they can use that as a defence. It seems, from what you say Landy, that they will use this to try and get out of paying. So I guess, what I'm thinking is, can they get away with it by stating it was a 'non-advised' sale?

 

Landy, did you send your SAR to RBS or DL? Just wanted to get it right first time to stop them making excuses. Good luck to you too. I will also follow your progress with interest.

 

But surely they SHOULD have advised if the product was suitable for you, I thought this was one of the main reasons for shouting miss selling? They can't just offer a product and then not give any advice on it???

Can they prove the sale was none advised?

[landy_alert]

Hi shizmoo:)

 

Like you we still had our original copy of the loan agreement and a record of payments we had made so we didn't actually bother doing a SAR. This is an old loan that was settled early in 2002. We have no paperwork regarding the PPI specifically though, not even a sheet regarding no personal recommendations having been made.

 

We sent our request for repayment to the following address -

 

Royal Bank of Scotland

PPI Customer Concerns Team

Regulatory Risk

5th Floor

1 Hardman Boulevard

Manchester

M3 3AQ

 

Apparently this department has been set up specifically to deal with PPI issues - as the name suggests!

 

I wonder whether all PPI sales, whether advised or non-advised should have a Demands and Needs form filled out? I had assumed they were for advised sales only, but in the case of the other loan I mentioned in my previous post (which is an unregulated loan for over £50,000 with Swift Advances) we do have a Demands and Needs form (albeit in the most basic fashion), but we have been told by them that this sale was unadvised - so now I'm confused:confused:

 

Regards,

 

Landy x

[shizmoo]

But surely they SHOULD have advised if the product was suitable for you, I thought this was one of the main reasons for shouting miss selling? They can't just offer a product and then not give any advice on it???

Can they prove the sale was none advised?

 

I agree that they SHOULD advise. Isn't this what got the whole endowment fiasco into trouble?

 

As to whether they can prove the sale was non-advised I expect they can point to the fact that they sent me this piece of paper which says:

 

STATEMENT OF DEMANDS AND NEEDS

We have not provided you with a personal recommendation as to whether our Loan Payment Protection policy is suitable for your specific needs. Please read your policy documents carefully to ensure you understand the eligibility criteria and the cover provided to you.

HOWEVER, I would think, from the moment they telephoned me, it became an 'advised' sale. As I said in my first post, I applied on-line and DID NOT tick the PPI box. PPI was sold to me on the phone.

 

Landy, I wanted to do a SAR to hopefully get the telephone transcripts. I'm just as confused as you are, but my feeling is that any financial product sold HAS to be advised. One of the reasons for endowment mis-selling was because customers were given 'unsuitable recommendations' which is exactly what DL did with me. They recommended something to me which was unsuitable.

[alanalana]

I have had a quick look at the previous posts and whatever Direct Line/RBS state on the demands and needs or in fact the PPI mis-selling, IT IS IMPORTANT that you pursue your claim via the FOS. Do not be put off by letters from the banks. If the bank refuses your claim then submit a complaint to the Financial Ombudsman Service. Send copies of all correspondence both in and out and any other paperwork you have. Try to send photocopies or scanned copies as the FOS do lose paperwork. Also keep a spare copy for yourself. I know it can be time consuming doing all of this copying and I have many kilos of paper stacked away. But you must not let them fob you off with misleading information. The FOS is upholding 90% of claims submitted the sad thing is out of three million claims to the banks only 140,000 have been passed up to the FOS, this means 126,000 have had a success. If it was three million then 2,700.000 would have been successful. do not be put off from claiming.

 

aa