Skyrocket v Bank Of Scotland

[Skyrocket1]

Ok so I found out I had PPI on an old BOS credit card.

 

Sent them a lovely letter asking for it back etc and listed my reasons which were I was self-employed at the time of the card being taken out, had the means to cover my bills anyway and I did not want the PPI.

 

They have sent me a letter saying they are not upholding my claim because they say I ticked the box for PPI and they apparently sent me info about PPI.

 

They claim that they gave me info at the point of sale (which apparently was 'non contact' so I'm not sure how they could have done this) regarding the exclusions and limitations of the policy and that I was not affected by them.

 

There were also no alternative policies available at the time of the policy being taken out.

 

Therefore they don't find it to be missold.

 

Is all lost?

[citizenB]

Nope, this is a pretty standard response. Did you send a spread sheet and FOS claim form along with your original request ?

 

You can a) either reject their letter and demand it be looked at again. or b) send your claim in to the FOS.

[Skyrocket1]

Thank Ims.

I only found out about the PPI in a phone call I made asking if I did have it because I didn't have the account number. Because I'd phoned to get the account number it kind of caught me on the hop when they said I did have PPI because I wasn't sure.

I will DPA them now but I can't see them being forthcoming with the info.

What about the court route with this? FOS is a years wait or something isn't it? Do BOS have form for going to court?

Is there anything I can say/do to strengthen my reasons for the mis-selling? My reasons look a bit weak

[Skyrocket1]

Sorry not Ims, Citizen B!

[citizenB]

S'ok.. I can take it

 

You would need to speak to ims or dx100uk if you are considering the court route and I have flagged your thread for their attention.

[Skyrocket1]

Ok Ims or DX100uk? Would be very grateful for any help please

[ims21]

Hi

 

If you are planning on taking them to court you need to bear in mind that the onus of proof of mis-selling will be on you (civil burden on the balance of probability). This will be difficult if you haven't got any paperwork to go on.

 

First thing I would do is challenge their findings directly and has they have stated that you ticked the box, get them to send you the evidence of that.

 

EDIT: Also SAR them

[Skyrocket1]

Ok have done both!

 

Can I just ask though, if this is their standard fob off, how likely am I to succeed in this claim now they have rejected it once?

I've tried searching for HBOS and Halifax cases on here where they fobbed off then upheld but not found any

[ims21]

You stand as much chance as anyone else who is prepared to stick with it. Hence you initially challenging their findings.

 

There is always fos or court subject to the above regarding the court route.

 

There are cases on here (not necessarily HBOS or Halifax) where a bank has initially refused and then subsequently coughed up so all is not yet lost by a long shot.

[Skyrocket1]

Thanks Ims.

Can I ask, would depression, anxiety, anorexia and panic attacks be reasons why this policy would also be invalid?

I had these around the time I took this policy out but nobody ever asked me about my health problems. Even though I was self employed then, these illnesses caused me to be off work a fair bit.

[ims21]

Yes and even better if they are on your medical history.

[Skyrocket1]

Ok letter back today.

 

They have rejected my claim again!!!

 

These are my reasons I was claiming:

 

-I was self-employed

-I had depression and various other medical issues at point of sale

-I did not receive any post sale documentation like they claim I did

-I was part time self employed (as clearly states on the application form)

-I didn't want this policy and have no recollection of applying for it as they claim I did

-I was not provided with correct or adequate information regarding the policy (they claim it was an online application, even if I had ticked the PPI box, which I dispute, I would not have known that it would not pay out because I had medical issues already and was self employed)

-I had other means at the time of meeting my financial obligations had this arose. I didn't need a policy like this.

-The policy would not have paid out had my business gone bust

-I was never made aware this policy was optional nor that there were other policies elswhere

-The policy was not and never would be suitable for my needs

 

Even with all this they still decided that the policy was not missold.

I feel gutted that this process has been so easy for so many people I know and yet even with all these genuine reasons I have, they still won't refund what they owe me!

[ims21]

Pass it to fos to deal with.

[Skyrocket1]

I will have to wait for my data to come back from my SAR now before I can do that.

 

And I'm betting those swines will now find they don't have any real data any more because my card was pre 2006.

 

I feel so gutted because I really felt I had such a strong case with this claim.

 

FOS is taking well over a year now isn't it?

[ims21]

You don't need to wait for the SAR to come back.

 

Yes fos can take a while but if it appears to be an open and shut case (which yours does to me) then they may be able to resolve the issue sooner.

[Skyrocket1]

Thanks Ims

 

Just got off the phone to the FOS and they say that early indications on their system based on previous cases they've dealt with show that my case will probably be upheld!

But it could still take 12 to 18 months...

 

Shall I tell you something funny?

When I went on the FOS website, I saw a photo of one of my oldest friends! Turns out he works for the FOS (quite high up too!) and I never even knew! Small world!

[Skyrocket1]

I got a call today from the guy from BOS who was dealing with my complaint.

He says they can't locate a screenshot to show I ticked the box to select PPI (which was the basis of their argument) and that me being part time is irrelevant because they would have gone off my annual wages which were around £12k a year.

Also they claim even though I was self employed the policy would have paid out.

I told him I was going with the FOS who said I had a good chance with this.

He said good luck.

[CHRIS44G]

if self employed the policy would have paid out......

 

Like hell they would!!

[Skyrocket1]

That's what I thought Chris!

 

I also had a variety of medical issues (which are all on record) which I'd informed BOS about in my letter asking for my PPI back.

They seem to brush over everything and had an answer for everything apart from 'Where is the proof I requested PPI?' which as I pointed out, if they use that as the basis for why they believe the policy wasn't missold, they had better have proof for. They don't.