ppi claim and burden of proof

[BARFLY]

Hi,

 

I have a general query concerning a PPI claim that I have submitted and I'm looking for some advice.

 

I had a claim with MBNA from a loan 10 years ago that went staright through in about 4 weeks.

I received the cheque and that was it.

I did have the original paperwork, though.

Thought it was easy.

 

Then I had my claim from LLoyds TSB denied.

 

This was from PPI added to a credit card.

I had not "demonstrated that there was a problem with the sale of the policy."

I was a bit confused.

The credit card ended within the past six years - 2007 - and the PPI was actually cancelled by myself in mid 2007 when I noticed it on the monthly statements.

I even had a letter from them warning me that I would be at risk if I continued with the cancellation as I would not be able to avail myself of the benefits of the policy etc etc.

 

I do not recall ever agreeing to the policy,

I was self-employed and probably could not have claimed on the policy,

and can not find any paperwork in relation to the policy.

This was the basis of my complaint.

 

I had asked LLoyds to provide me with the terms and conditions of the policy and a copy of my agreement

- whether by telephone transcript or application form.

 

I would assume that they should have all this because the policy was cancelled within the past six years.

They have provided me with nothing.

 

They seem to have placed the onus on me to proof it was miss-sold.

 

My question, at last:

 

Is the onus on LLoyds to show that the policy was suitable for me and not miss-sold,

or is the onus on me to show that it was miss-sold.

 

Surely if it's been in place within the past six years they should be highlighting where in the terms and conditions it shows I could claim, a copy of any agreement etc.

 

I have written back to state that unless they reconsider

I will send a SAR and request all the documentation that way.

 

And that if they do not provide it I will progress to the FOS and inform them of their failures to do so.

 

Would I have case with the FOS if I had to go down that rouete?

 

Any pointers very much appreciated.

[ims21]

Basically yes, you should send a SAR anyway.

 

Also they cannot just dismiss your claim in this way. If they have not provided the T&Cs etc then they cannot have any basis for their decision unless they can provide evidence.

 

If this escalates to fos then you should tell them that LTSB have frustrated the process in that they will not let you have any detailed information and that is an unfair practice and that you should be entitled to some extra compo for that.

 

LTSB are climbing the ladder of the those banks who refuse to treat their customers fairly, particularly in respect of PPI claims.

[dx100uk]

yea

 

wrong idea to ever send in a PPI claim without an SAR first

 

and to just send a letter

 

always best to use the FOS CQ

and a spreadsheet too.

 

Lloyds esp will eat anyone for breakfast that just sends a letter on a hope of gaining out of them

 

dx

[BARFLY]

Thanks for the advice. Maybe they'll think again now I've responded and mentioned the SAR and their complete lack of documentary evidence to refute my claim.

[BARFLY]

By the way, I did send the FOS questionnaire.

 

I did not want to send a spreadsheet because I was hoping if I did not enlighten them to how far my statements went back

that they might have gone back more than the six years with the premiums.

 

If I'd SAR'd them first and then just added up the premiums as far back as six years they could stop there.

 

I was calling their bluff in a way.

 

I believe they can go back more than six years if they wish.

 

If that makes sense...

[dx100uk]

there is no time limit on PPI reclaims

 

where did you get that from?

 

dx

[BARFLY]

Sorry, I've put I haven't put it across too well.

 

My account with them finished in 2007, the PPI was cancelled in August 2007.

 

If I SAR'd them and they would give me the info going back six years.

 

That would only leave about just over a years worth of premiums for me to claim on.

 

If I don't say whether or not I have statements going back prior than the six years

then they might well go back prior to the six years themselves...

[dx100uk]

there is nothing to stop you using an average of the PPI payments you do know back to the start of the policy.

 

thats on the fos website too.

 

indeed many members have succeeded using this method.

 

there is no rule that says they cant send back passed 6yrs

 

infact many members have gotten details back to the early 90's

 

you might already have the info.

 

dont forget your card payments will tell you some info too.

 

PPI was a % of every £100 outstanding bal.

 

so on a CC it is possible to gestimate if you know what you paid one month

 

dx

[BARFLY]

Just an update on the above.

 

LLoyds continued to claim the paperwork had been sent to me, though it never turned up.

 

Eventually, I emailed the CEO with my complaint, mentioned that they were frustrating the process

- as recommended by the site team

- and mentioned that I would report this to the FOS.

 

A week later I received a letter apologising for the delay, misunderstanding etc.

 

They mentioned that a cheque for £100 would be forthcoming within seven days for the inconvenience caused.

 

They had also contacted the department concerned with Subject Access Request and they would forward all information to me,

free of charge I'm presuming.

 

However, they stuck to their rejection of my claim.

 

They provided me with some T and C's.

 

They were undated so could really be from anytime.

And they highlighted a paragraph

'What is Covered' ...

If you are self employed you will be able to claim for unemployment benefit providing the unemployment is involuntary due to the financial insolvency of your business

and you have notified the Inland Revenue'

 

This is also mentioned under

'What is not Covered .

.. unemployment if you are self employed, unless you become unemployed due to the involuntary insolvency of your business

and you provide eveidence of notification to the Inland Revenue of cessation of trade

 

'Is this acceptable?

Is this a unfair term in the contract?

 

If not, then I can't see where I go from here.

 

They have failed to address the mis selling in that they have not provided the transcript of the sale of the PPI, cancellation rights etc.

 

They have merely stated that all proper procedure would have been adhered to

but provided no evidence that it was, even though the PPI was cancelled within the last six years and so they should still have the paperwork.

 

Any advice on how to proceed would be much appreciated.

 

On a final note,

I also have a claim with Capital One.

The 8 week period has lapsed.

The only communication I have had from them was an acknowledgement of the claim and a warning that it might take ten weeks, perhaps even longer.

 

I wrote back to tell them they had 8 weeks but they did not respond.

 

Will they get fined for not addressing the issue within the 8 weeks?

 

Shall I take it directly to the FOS,

now?

 

Thanks

[dx100uk]

nope

 

they can speculate all they like the correct proceedures MIGHT have taken place

 

they WERE NOT THERE!!

 

dx