HSBC PPI Claim now moved to FOS

[allison6564]

Hi All

I am in the process of trying to claim back PPI paid on a HSBC card that we have had since 1998!

 

we always thought that this was a condition of the card as we never took out PPI on anything due to either being self employed

or we did have a spell running pubs as management couple but would of had to cover for each other

or take on extra staff if we were ill so we know for a fact that we never took this out willingly.

 

all this really only came to light last year as our card is paid automatically via direct debit each month

but then we started getting calls from HSBC asking for additional payments.

 

I told them that I could not understand how the account was going over the limit as they take the min payment each month and so this shouldn't happen.

 

It was then that they explained that an insurance policy was being debited each month as an expense

and it was this that was causing the account to go over each month!

 

I then realised that it was in fact PPI that was being taken from the account

and explained this to them and the fact that we would never of taken out PPI at all due to the reasons mentioned before.

 

Then I heard all this stuff on the radio and so made the big mistake of contacting the company

xxxxxxxxx who started to to reclaim it for me.

 

After a few months they had a response from HSBC and said that my only other action was to go to the FOS.

I told them to leave it and that I didn't want them to go any further.

 

Now I have copied the letter that HSBC sent them below

and I really don;t think they have a good enough reason for turning down the claim

as they just say that we should of cancelled etc

and also they don;t even have the original agreement to prove that we signed for it!!!!!

 

I also wrote to HSBC on 27th Feb 2013 and a copy is below but they have not replied to my letter at all.

 

Yesterday I filled in the FOS PPi complaints form and that has gone off to the FOS

and I have also sent a SAR request to HSBC today so that I have all the figures charged etc since 1998.

 

I think I have done everything I need to do and now assume I have to just wait for the FOS to get in touch?

 

When I do some rough calculations with advice from other posts in regard to interest to claim etc

this cold be a very large claim if I win it

and I'm hoping it will then allow me to clear of numerous debts that I am struggling with at the money so me and my hubby can start again.

 

If anyone can advise or are in a similar situation would love some encouragment as feel like I'm stepping into the unknown here.

Thx

[citizenB]

Typical response at the moment, sadly.

 

Yes, as a Self Employed person, there would have been no benefit to you from the PPI.

 

I will alert the PPI guys on your behalf, but I rather suspect that the FOS is going to be your next move.

[allison6564]

Thx citezenB I've already sent off to the FOS yesterday and sent SAR request to HSBC today. I'm just hoping for a bit of encouragment lol like I said feel like I'm taking on the big boys ...... the claim would amount to over 15k so this is why I'm full of doubts they are not going to want to pay that much out to me!

We have loads of things with HSBC been with them since about 1992...have mortgages, personal and business bank account, life policies and I also have a card too.

The main thing that does give me some hope is that they don;t even have an agreement etc to prove what they are saying and I know that this is incorrect. Do you know how long it takes the FOS to get back to you?

[ims21]

You should not give up on this.

 

To me you have a strong case.....the main thrust is that the PPI would have been useless to you being self-employed.

 

The fact that they don't apparently have the agreement means that they cannot show that you did n fact agree to the PPI. In any event, even if you did, it doesn't make it a valid sale. Neither does the suggestion that you accepted the PPI because you didn't cancel it.

 

In the PPI forum stickies you will find a link to the FSA handbook. Have a read of appendix 1 about how a firm should handle complaints. Take particular note of these two points....

 

3.3.5 G The firm should not reject a complainant’s account of events solely on the basis

that the complainant signed documentation relevant to the purchase of the policy.

 

3.3.6 G The firm should not reject a complaint because the complainant failed to exercise

the right to cancel the policy.

 

Keep at them.

 

If fos get involved you may have to wait quite a while sadly but you can still keep up the pressure on the bank yourself.

[theoldrouge]

hi Alison, sorry to keep popping up on your threads, but you seem to be after every card I have claimed from so just offering encouragement & my experiences! Mrs OR and I were both self employed and HSBC at first turned down our PPI claims so i wrote back to them quoting Page 138 s6/7/8/&9,page145 s6/7,page146s8,page147 s9, page148 s10[3] and page 149 s11[2]&[3] from the FSA handbook, concentrating on the S/employed aspect, and they wrote back agreeing to repay PPI+int "as a matter of goodwill", but whatever they like to call it a refunds a refund! So keep at them!

[allison6564]

Hi theoldrouge you keep popping up when you want ! LOL its great to have your advice and experiance. Was your claim recent and do you have a copy of the letter you sent by any chance? I useless at writing letters, well ones that sound ok but I was thinking of still keeping on at them like ims has said. Thought I might write to them letting them know that I have sent forms off to the FOS but wanted to still try and convince them to sort the matter out directly with me. I have also sent a SAR request as I only have statement going back to end of 2009 but the card goes back to 1998. Just working out the figures since 2009 thought it would be a considerable sum!!!!

I will do some reading re your page numbers etc too. Thx

[theoldrouge]

my claim was April 2012, rejected July 2012, wrote Aug 2012 refunded Oct 2012. Will look out letter tomorrow and post it up.I always write my letters in ink, must be a novelty to them, they always reply!

[theoldrouge]

As promised this was the letter I wrote, hope some of it may be useful! -"

 

 

" I refer to your letter of... rejecting my claim for a refund of Payment Protection Insurance plus associated interest.

 

 

I consider your rejection to be both wrong and in breach of the FSA guidelines as to the assessment and redress of Payment Protection Insurance Complaints.

 

 

You are well aware from both my longstanding current account which I held with you,

and my Credit Card Application of my Self Employed status.

 

 

I was self employed at the time of application and throughout the period of the insurance,

I was therefore ineligble for the Unemployment Benefits of the Policy as I could NOT have claimed without fully ceasing work

-a more onerous condition than for someone who is employed.

I was not warned of this.

 

 

Insurers are under an obligation to ensure that the policy they are selling is appropriate to that customer,

and clearly as my self employed status demonstrates,

 

 

I was unable to claim on the policy and you have not fulfilled this requirement.

 

 

For your guidance I enclose copies of pages 138-149 of the FSA Handbook and have highlighted the various sections

I believe you are IN BREACH OF.

 

 

I am therefore giving you a further opportunity to reconsider my claim prior to escalating this matter.

 

 

I once again enclose my spreadsheet calculating my premiums plus interest, and am requesting a full refund of...

......I look forward to receiving your early favourable reply"

[allison6564]

Oooo like that letter gonna send one off myself very similar thx a million I'm useless at putting things down on paper will keep you informed

[allison6564]

Hi All I've come back on this thread in order to ask if anyone would be kind enough to help me write a letter to HSBC in regards to my claim. I ahve sent off the form to the FOS but I want to keep on to the bank myself too in the hope that they will change their minds.

 

Basically I am useless at writing letters and I've tried but they just sound so rubbish!

 

The main points I want to get accross are:-

 

I have sent the claim to FOS but want to ask HSBC to reconsider their decision.

 

Reason for not taking the PPI is that I was self employed and I have numerous accounts, mortgages, life policies etc with HSBC all active and have never taken out PPI on any of them. I have been with the bank since 1992!

 

In thier rejection letter above they stated that they have lost the original documents but these would prove that I never took it out!

They also try and use the fact that I had 30 days to cancel but as per FSA guidelines they cannot use this as a reason.

 

This all came to light last year when I started getting calls from them as account went over limit but it was set up to pay min amount each month by DD so when I asked how this could of happened they said it was down to the PPI being charged each month and it was then that I realised what it was.

 

I really do think that I have a strong case here but have never claimed PPI so not sure best way forward. If anyone can help I would be sooo grateful.

 

Oldrougue posted aletter that he sent and yes it covers a lot of my points but I also think that I need to include the other stuff re cancellation etc in order to make an even stronger case.

 

Thanks in advance for any help x

[theoldrouge]

Pers I would wait till your SAR info arrives before writing, you need to gather all the correct facts, and also prepare a spreadsheet hit them with as much new information as possible its always going to be a long process but you will get there in the end.

[allison6564]

Yes think your right OR I need to stop being so impatient lol

[allison6564]

Just a quick question guys if you don't mind

I know I'm hassling you all the time

but my head is full of everything going on

and I just can't seem to switch off!

 

I have been looking at some of the calcualtors on here in regard to CI and SI etc in preparation for when my SAR comes back from HSBC

so I can then calculate the figure I am claiming and to be honest I'm worried that my claim will be to high and so more of a fight!

 

working on some rough figures its ging to be in excess of 40k!!!!

 

Do you think this will go against them ruling in my favour?

 

That would allow me to setle all my debts and make a nice donation to CAG and we can start again with no credit in our life.

[citizenB]

Just a quick question guys if you don't mind I know I'm hassling you all the time but my head is full of everything going on and I just can't seem to switch off! I have been looking at some of the calcualtors on here in regard to CI and SI etc in preparation for when my SAR comes back from HSBC so I can then calculate the figure I am claiming and to be honest I'm worried that my claim will be to high and so more of a fight!

Bascially working on some rough figures its ging to be in excess of 40k!!!! Do you think this will go against them ruling in my favour?

That would allow me to setle all my debts and make a nice donation to CAG and basically we can start again with no credit in our life.

 

There was a lady last year who received a PPI redress in excess of £60,000.

 

Even if it is a small amount, some banks are playing hard to get. I will ask one of the PPI guys to look in on you

[allison6564]

I will have to try and search for her story ...

 

. I'm just worrying about everything as I do feel we have a strong case at the end of the day

we were self employed and have been with HSBC for over 20 years

and never taken out PPI just have critical illness and life policies with them.

 

Also in the original complaint to them we asked for them to check the agreement as we KNOW we would not of taken it out and they don't have it as stated in their letter.

 

At least the SAR request is underway as a guy rang from HSBC today asking what info I needed

I said that I wanted everything to do with that card not all the stuff we have with the bank as that would take them weeks lol

 

I want that info ASAP so I can work on this spreadsheet. Thx for advice once again

[dx100uk]

foscisheet

see below in the links

 

dx

[ims21]

This is the thread with the big win explained

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?354001-Mbna-awaiting-offer-letter-%A364-000-WIN

[andyjaa]

Hi

I have also gone through the same procedure with HSBC.

They rejected the claim but could not provide any paperwork or proof that I signed for PPI.

I placed the whole thing with the FOS who agreed with me and upheld my complaint, sent a letter to HSBC and informed them of their decision.

HSBC then appealed against the Ombs decision and that was nearly 12 months ago!

NO further letters or contact from the Bank or the Ombs and that was October 2012!!

GOOD LUCK WITH YOURS AND HOPE IT TURNS OUT BETTER THAN MINE!

 

 

[/b]

Hi All

I am in the process of trying to claim back PPI paid on a HSBC card that we have had since 1998!

 

we always thought that this was a condition of the card as we never took out PPI on anything due to either being self employed

or we did have a spell running pubs as management couple but would of had to cover for each other

or take on extra staff if we were ill so we know for a fact that we never took this out willingly.

 

all this really only came to light last year as our card is paid automatically via direct debit each month

but then we started getting calls from HSBC asking for additional payments.

 

I told them that I could not understand how the account was going over the limit as they take the min payment each month and so this shouldn't happen.

 

It was then that they explained that an insurance policy was being debited each month as an expense

and it was this that was causing the account to go over each month!

 

I then realised that it was in fact PPI that was being taken from the account

and explained this to them and the fact that we would never of taken out PPI at all due to the reasons mentioned before.

 

Then I heard all this stuff on the radio and so made the big mistake of contacting the company

xxxxxxxxx who started to to reclaim it for me.

 

After a few months they had a response from HSBC and said that my only other action was to go to the FOS.

I told them to leave it and that I didn't want them to go any further.

 

Now I have copied the letter that HSBC sent them below

and I really don;t think they have a good enough reason for turning down the claim

as they just say that we should of cancelled etc

and also they don;t even have the original agreement to prove that we signed for it!!!!!

 

I also wrote to HSBC on 27th Feb 2013 and a copy is below but they have not replied to my letter at all.

 

Yesterday I filled in the FOS PPi complaints form and that has gone off to the FOS

and I have also sent a SAR request to HSBC today so that I have all the figures charged etc since 1998.

 

I think I have done everything I need to do and now assume I have to just wait for the FOS to get in touch?

 

When I do some rough calculations with advice from other posts in regard to interest to claim etc

this cold be a very large claim if I win it

and I'm hoping it will then allow me to clear of numerous debts that I am struggling with at the money so me and my hubby can start again.

 

If anyone can advise or are in a similar situation would love some encouragment as feel like I'm stepping into the unknown here.

Thx

[allison6564]

Oh dear sounds like a long drawn out process then. When I get the SAR info back I am going to write to HSBC again asking them to reconsider. Can't you chase yours up with the FOS?

[andyjaa]

Yes

I have phoned on 6 occasions and told it will be 'looked at' but was told the timescale would be 12 months.they give you no info, don't tell you what the response or objections were, in fact , NOTHING!!

I feel helpless as to the next step which appears to be up to them. I thought the OMB decision was final but it appears not.

Tried to talk to the person who was dealing with it but they will not put you through.

Think it's just a waiting game now .

Oh dear sounds like a long drawn out process then. When I get the SAR info back I am going to write to HSBC again asking them to reconsider. Can't you chase yours up with the FOS?

[allison6564]

Well recieved my SAR request from HSBC today and wow what a mindfield!!!!

 

I did write to them explaining that I have had no option than to send to FOS

but pointing out again my reasons why it was misold and hoping that we could sort out between ourselves.

 

Had a reply just saying that as now with FOS they didn't think they should comment! So they ahd their chance and now have to wait for FOS.

 

I have got this SAR info today and right away found just one agreement dated 27/01/2006 with my DH signature but in the PPI box no tick and no signature!

 

Looks like this card was transferred about 4 times to new cards starting in 1998 to date.

 

The only agreement in the whole pack is the one that clearly shows no PPI was taken so hoping this is good news.

 

I am going to send off this new info to the FOS and also sak them if they can speed things up at all due to our financial hardship.

 

I only have figures going back to Feb 2005 so what will happen about the money paid from 1998 to 2005?

 

I am also just about to start work on the spreadsheet and think I foudn the correct one

but can anyone point me to apost where someone has already completed theirs so I can check if I'm doing it right please?

[dx100uk]

you can use an avg of the know PPI payment s for those back to the card start that you don't know.

 

use the FOSCISHEET

 

put their avg int in cell d15

 

enter EVERY payment of PPI individually on the date it happened.

 

dx

[allison6564]

Thanks DX I'll fill it in with the info I have and then post on here for you to take a look at it. x

[allison6564]

just tried to search for the FOSCISHEET sheet and its not coming up do you ave a link please?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011