Can you appeal a PPI amount after you have accepted the offer?

[mithelenthor]

Hi All

 

I'm very new to this and forums so here goes.

My partner called RBS up to get details of PPI account numbers she had on a chain of loans.

She was given the information and the staff member took her through the process over the phone for claimback.

About 1 week later we received letter with 5 offers for each part of the loan chain.

We looked at the offer and the way it was presented looked reasonable. They stated on each offer that "the bank is prepared to refund the insurance premiums and interest that you have paid"

 

However, while chasing details for a mortgage with a different department the staff member said if we would like he would send us copies of all the ppi we have with RBS.

We received this today and the accounts (which I mention above and have accepted the offers and been paid) have much higher premiums paid that stated in the acceptance letter.

 

My question - at long last - is

 

We have accepted the offers and been paid - do we have any grounds to now appeal this on the grounds that

a) they didn't give us the entire facts

b) they stated in the letter that they were going to refund the premiums plus interest.

 

Any guidance would be kindly received

 

Mith

[ims21]

Hi

 

You only get back the proportion of the premiums you have actually paid over together with associated interest and your 8%.

 

There may have been PPI rebates given when the various loans in the chains were settled which would also have an effect on the redress awarded.

 

Have you got all of the paperwork for the loans including record of repayments and settlements etc?

[mithelenthor]

We don't have all the paperwork.

They sent us letters stating for example:

For one we received an offer of and accepted £376.82 but on the letter we received today the same loan number states Total premium paid as £2060.00

[ims21]

In which case you should send them a Subject Access Request (SAR) to get all of the documentation they hold on you.

 

There is a template for SAR in the CAG library, the link to which is at the top of every CAG page in green.

 

The cost is £10 and they will have 40 days to comply.

 

Make sure you include a line that says that the SAR is to include copies of all and any agreements you have ever had with them.

 

From the information that comes back you should be able to check their offer to see if it is correct.

[mithelenthor]

I sent them a SAR but they returned it including the cheque for £10 stating that I would have to send one to each of the different departments for full copies etc. They gave me addresses for loan, cc and mortgages etc.

That would be £30 in total...

 

I'm guessing my question is before i go to that expense : because we have accepted and received the offers, can we then go back to them and say "hang on I think you have made a mistake?"

[candyapple1]

I think generally the FOS will not look at a case i which you have signed to accept a full and final offer, however, I don't know if they would if you can prove the bank has really misled you?

[ims21]

I would guess that the acceptance you signed was in full and final settlement of all claims for PPI against the lender.

 

If that is the case then it might make it tricky.

 

Having said that, I am not the type that would let it go without a fight IF the figures turned out to be wrong and they have underpaid you. I might not be successful but I would give it a go.

 

The trouble is at the moment that you don't know whether their figures are right or wrong.

[mithelenthor]

ok thanks for replies.

 

I think what we will do is firstly give them a call tomorrow and see if they can explain this and if that doesn't work we will try and obtain the SAR again and see where it leads from there.

 

I will keep you posted for future ref.

 

Mith

[mithelenthor]

Update:

Called RBS today and they completely skirted the issue and just asked us to put a complaint in a letter and send to them.

We will post this out today asking for complete disclosure to the way they came to their decision including a complete breakdown.

Worth a try i'm guessing.

 

Mith

[ims21]

Nothing ventured, nothing gained.