Self employed PPI claim rejected - Lloyds

[michaelt]

Dumbstruck self employed and PPI claim not accepted

 

Hello thanks in advance for any advice received.

 

I am at a loss to understand how my LLoyds TSB Credit card taken out in 1999 with PPI has been rejected by LLoyds TSB.

 

I had a business branch manager whilst in the bank fill in the application for my credit card which he added PPI he never explained it.

 

1 I was SELF EMPLOYED repeat SELF EMPLOYED own Ltd company (Director) and had a business account with Lloyds Bank

2 I had two Income Protection policies running one of these policies with Lloyds

3 I had Life insurance with Lloyds and others

4 I had a Business Health Insurance Plan (Help you get back to work) - with Lloyds

5 I had also Critical Illness policies running

 

I have had a final letter stating that I had not the necessary cover in place and the advice given at the time by the advisor was appropriate and cover for the card was needed as there was no other cover. Was there a special PPI policy for self employed people of Limited companies for credit cards?

 

What other policy am I missing (is there another policy type available?) which needs to be included for Lloyds to accept a PPI claim.

 

What next ombudsman or SAR for credit card, I also feel like a SAR for my current account which would help determine all credit cards and other credit agreements is that a good or bad idea?

[ims21]

This sounds bizarre to me.

 

If it were me I would do a full SAR for everything on all accounts and all of your dealings with the bank.

[michaelt]

Hello thanks but read on-line about a case where a someone raised a SAR on his current account when in say "conflict" with his bank and they refused to supply anything, stating looking for grounds on possible court cases. He had to cite that he wanted to know that the his data was not being used for say marketing means.So am I opening up a can of worms by taking this approach on my current account?

 

Thanks for advice

[ims21]

If it is your personal data (i.e. you as a data subject as defined by the DPA) then they cannot refuse to comply.

 

Failure or refusal to comply with the provisions of the DAP are actionable in court by you, the data subject to a) force disclosure and b) be awarded damages at the court's discretion.

[michaelt]

What really annoys me is I have had an offer for oversold policies during the above's time period for selling and running multiple insurance policies ie Life insurance and Income protection , when I already had policies in place with them - (and they told me I didn't have cover in place at the time I was sold them) for which they have offered compensation.

 

As far as appealing what can I state to Lloyds other than going to the Ombudsman long route and sending them further proof of polcies in place (and offers for mis-sold policies), cannot for the life of me understand why they have dismissed my claim?

 

Thanks in advance

[dx100uk]

get them all back

 

you had no reason for any of them

 

you WERE told you HAD to have them in a CLOSED office!!

 

get my drifT!!

 

dx

[michaelt]

Certainly do

 

Another annoying thing about my insurance policies,

is I am certain at the time of taking these polcies out (Lloyd's knew they were selling rubbish - with regards Income Protection),

that the amounts I had on the policies (benefits to pay out) I

would never of got due to not paying myself enough salary (Net Relevant Earnings)

as taking payments as dividends apparently does not count as Net Relevant Earnings

- which I informed them at the time of sale.

 

And this fact is on one of the insurance policies I did not take out with Lloyds - claiming that back as well.

 

Getting the feeling all insurance is worthless, whether needed for purpose sold or making a claim for PPI.

 

I also know what people are thinking when reading this right now, but you hope the suit in front of you ain't lying when selling - know better know.

[dx100uk]

scittish widows?

 

dx

[michaelt]

lol yep

 

Care to elaborate

 

Thanks

[dx100uk]

went through the same game

 

i certainly got everything payment wise stopped after ONE phone call too them.

 

then i went about going for mis-sale of the various policies in total.

 

on two policies i got all my payments back + 8%

 

one i didn't, a life policy, but i got the PPI back on it.

 

my old Lloyds advisor from four years previous was none too happy

and actually phoned me on my mobile she still had.

 

was shouting at me down the phone that she had been hauled over the coals for missellling

 

life ins me [ told had to have it]

building ins [already had it - i had paid up the existing policy from father into my name]

mrs life ins [she never ever was there at the meetings but it was a joint mortgage]

contents ins [the house was inherited - being done up and sold - so was empty!]

PPI on the lot.

 

scittish coughed for my mrs the lot

but as i was 'there' mine stood.

said tough cancelled the DD - see you in court!

 

dx

[Let Them Knock]

I am at a loss to understand how my LLoyds TSB Credit card taken out in 1999 with PPI has been rejected by LLoyds TSB.

 

1 I was SELF EMPLOYED repeat SELF EMPLOYED own Ltd company (Director) and had a business account with Lloyds Bank

2 I had two Income Protection policies running one of these policies with Lloyds

3 I had Life insurance with Lloyds and others

4 I had a Business Health Insurance Plan (Help you get back to work) - with Lloyds

5 I had also Critical Illness policies running

 

I have had a final letter stating that I had not the necessary cover in place and the advice given at the time by the advisor was appropriate and cover for the card was needed as there was no other cover. Was there a special PPI policy for self employed people of Limited companies for credit cards?

 

What other policy am I missing (is there another policy type available?) which needs to be included for Lloyds to accept a PPI claim.

 

What next ombudsman or SAR for credit card, I also feel like a SAR for my current account which would help determine all credit cards and other credit agreements is that a good or bad idea?

 

Watch your arguments based on being self-employed. A director of a limited company is usually in the position of being employed by that company.

 

I am not saying 'give up', just be careful.

[dazza12]

Just adding my own experience in addition to Let Them Knock.

 

I was also a director and employee of a Ltd company.

 

In the eyes of HMRC you're not self employed, even though you may be the only employee of that company. However, a lot of insurance companies and banks (outside of the business bankers) also see this as self employment.

 

You've got to be very careful with your arguments, and if possible get hold of the policy to see if there are any specific exclusions. It may specifically state that self employed persons are excluded, but that then relies on the bank's definition of self employment. It's also worth searching to see if anybody has been in the same situation as you, because if FOS find that the policy would have paid out and therefore protected you the argument becomes weak. It may be that FOS uphold it, but if your argument is weakened your chances diminish.

 

I've used self employment to complain about 3 financial institutions so far, but have also added a couple of other complaint reasons as well to make sure all bases are covered.

[michaelt]

Watch your arguments based on being self-employed. A director of a limited company is usually in the position of being employed by that company.

 

I am not saying 'give up', just be careful.

 

Agree with the above as salaried at the time but.... by hunting around I found that as a "Director" of a Ltd company you are always classed as employed, the term is a "nominal employee" hence can never claim as being unemployed. As far as I see it its just another reason why I should of never been sold the policy.

 

I've used self employment to complain about 3 financial institutions so far, but have also added a couple of other complaint reasons as well to make sure all bases are covered.

 

As far as I can see, having multiple insurances for 90% of the PPI insurance, means why am I paying a full premium for. I'd love to know how they determined there decision and its something I am dying to read when I receive there reply.

[dx100uk]

can we just resit this a minute

 

were you or were you not told these policies were compulsory by the advisor?

 

dx

[michaelt]

were you or were you not told these policies were compulsory by the advisor?

 

The credit card PPI the form was filled in by the advisor - never ever mentioned or discussed PPI, same happened with a business loan later - claiming that back too. As he sold me insurance on a "Non cancellable agreement" where it stipulates I had to be working at least 16hours a week for the company. I had left the company and started full time employment at another firm one month earlier "still got the offer letter" which I have sent a copied and sent a letter to Lloyds.

 

That's the main reason I am so annoyed!! as I have had PPI on so many products after these three events I was left with the impression its almost mandatory and to be expected to have PPI insurance on all credit agreements.

 

With regards to the other insurance - CIB and Income protection - saw the benefit - after being strongly advised.

[dx100uk]

ok ta

 

i have used several times the sole and only reason for mis-sale as:

 

"PPInor any insurances were ever mentioned"

that clearly leaves them no room to wriggle about being self employed or otherwise

it matters not that you were or were not a candidate for it in their eyes.

during their 'review' of the sales process

the FACT is - you were never told about it fullstop

as for being strongly advised....

thats as good as saying you were forced into it.

what happened in a closed roon they were not a party too.

dx

[michaelt]

Makes perfect sense to me and stated that about PPI on credit card. All I got back was I am certain the advisor advised you correctly and informed you about PPI correctly. How do you counter that, its stating basically I don't believe you -your lying so prove me wrong.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?382875-LLoyds-fined-£4.3M-for-obstructing-amp-delaying-140-000-PPI-reclaimants!

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378821-LloydsTSB-Loan-PPi&p=4120422&highlight=ppi+success#post4120422

[michaelt]

http://www.consumeractiongroup.co.uk/forum/showthread.php?378821-LloydsTSB-Loan-PPi&p=4120422&highlight=PPI+success#post4120422

 

DX - your reply to letter

 

thats a great great letter

i can spot a familuar few things too!!

 

dx

 

THAT WAS A MASSIVE UNDERSTATEMENT lol:-D

 

That letter is so self explanatory - it leaves Lloyd's no room for there tricks for 2 further additional loans

 

I think i have just fallen for juicy47

[dx100uk]

as pointed on that thread

alot were my various comments from around the PPI forums

 

dx

[michaelt]

Thank you! so very appreciated I was beginning to think there was no hope left for actual justice.

 

A promise of donation to the site will be made on next successful claim, if promise not for-filled your all welcome to call me a Lloyds banker

[michaelt]

The problems with Lloyd's continues...

 

The are now sending me documents which have been fabricated to support their claims with regards other issues with later insurance.

 

They are even now after me for monies after paying out on one claim and deciding they want half of that payment back!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?380137-Insurance-agreed-debited-wrong-amount-**-RESOLVED-SATISFACTORILY**&p=4152653#post4152653

[Banking on change]

http://www.consumeractiongroup.co.uk/forum/showthread.php?378821-LloydsTSB-Loan-PPi&p=4120422&highlight=PPI+success#post4120422

 

DX - your reply to letter

 

I agree it's a great letter and I don't want to rain on anyone's parade but it's not always that straight forward even when you think you've lined up all the evidence

 

After receiving details from a SAR I put together a similar letter (my wife was told she had to take the ppi to get the card).

 

I used the actual quote from the Ombudsman's code which states the company cannot rely on their terms at the time or what a salesperson should / might have said etc etc.

 

However, MBNA have declined my claim and my appeal. It seemed like a cut and dry case according to the rules but we are left having to go to the Ombudsman after months of fighting.

 

Our claim was based on:

 

1. Self-employed

2. PPI compulsory

3. Pre existing health condition (life long)

4. letter in 2009 with a question about cancelling the ppi (not replied to)

 

MBNA state:

 

1. They cover self-employed people

2. Their sales person was required to make us aware that ppi was optional

3. Medical condition doesn't significantly affect my wife's ability to work (she sometimes has to go to bed between client sessions due to pain and exhaustion)

4. The question in the letter said "if there is no benefit can we cancel the ppi" and MBNA have said they had no obligation to give advice. They never even replied to the original letter.

 

I thought each point on it's own was a good case for miss-selling and others on this forum have given very good examples of why the self-employed element alone should suffice but MBNA have stuck to their grounds

 

Spoken to them and asked what evidence they have that the sales person on the phone informed my wife that ppi was optional and I asked for transcripts of the calls. Their reply is there was no recording of the call and therefore no transcript. They only have have the note on the system (made by the idiot who miss-sold the ppi) stating that there was compliance. How bloody absurd is that!!

 

I'm absolutely dumbfounded I thought we had this in the bag