Hello

[liloldme]

Hello to all and thanks for letting me register, I hope you'll be able to help me!

I made a successful PPI claim to HSBC before Christmas on a loan I had some years ago following the great advice on this site. However, I have recently had the same claim rejected for PPI on a Yorkshire Bank Credit card. I have a pre-existing medical condition which I believe would have prevented me ever making a claim (which I have not done) but unfortunately I do not have the documentation to prove this. They have a copy of the form I signed at the time of taking out the cover and say that therefore this says that they discussed everything with me at the time and that pre-existing medical conditions weren't an issue. Shall I just assume I'll be unsuccessful if I pursue this one? Many thanks

[Bill-K]

Re: Hello

Hi and welcome liloldme, and I'm glad you found us useful with your earlier claim. I certainly would not suggest that you just give - no sireee !!! If you still have this condition, then I'm sure you should be able to get hold of the documentation to show that this existed at the time of the sale. You should be able to gain access to your health records, and you can also get copies of your data from the lender (or Health Authority) by sending a DSAR letter, and also a CCA s.77-79 request if the account is still active. See here:-

Legal Beagles Consumer Forum

You may want to quote some of these: The FSA Handbook on PPI Redress contained within PS 10/12 states:

DISP APP 3.2.2 The firm should seek to establish the true substance of the complaint, rather than taking a narrow interpretation of the issues raised, and should not focus solely on the specific expression of the complaint. This is likely to require an approach to complaint handling that seeks to clarify the nature of the complaint.

DISP APP 3.3.1 Where a complaint is made, the firm should assess the complaint fairly, giving appropriate weight and balanced consideration to all available evidence, including what the complainant says and other information about the sale that the firm identifies. The firm is not expected automatically to assume that there has been a breach or failing.

DISP APP 3.3.2 The firm should not rely solely on the detail within the wording of a policy's terms and conditions to reject what a complainant recalls was said during the sale.

DISP APP 3.3.3 The firm should recognise that oral evidence may be sufficient evidence and not dismiss evidence from the complainant solely because it is not supported by documentary proof. The firm should take account of a complainant's limited ability fully to articulate his complaint or to explain his actions or decisions made at the time of the sale.

DISP APP 3.3.4 Where the complainant's account of events conflicts with the firm's own records or leaves doubt, the firm should assess the reliability of the complainant's account fairly and in good faith. The firm should make all reasonable efforts (including by contact with the complainant where necessary) to clarify ambiguous issues or conflicts of evidence before making any finding against the complainant.

DISP APP 3.3.5 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.

DISP APP 3.3.9 In determining a particular complaint, the firm should (unless there are reasons not to because of the quality and plausibility of the respective evidence) give more weight to any specific evidence of what happened during the sale (including any relevant documentation and oral testimony) than to general evidence of selling practices at the time (such as training, instructions or sales
scripts or relevant audit or compliance reports on those practices).

[labman]

Re: Hello

Hi,

I'm absolutely hopeless all things ppi, but I can say a big welcome to LB! :beagle::beagle:

[Bill-K]

Re: Hello

Thanks, Labman !

Further to above, here's some info on CCA s.77-79 requests. I'm sure we've got a template letter here for this, but I can't find it !!! Can anyone post up a link ?

Meanwhile...

http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf

Aaa...found it: Legal Beagles Consumer Forum

[labman]

Re: Hello

For something which is purely to get the agreement, this simple one should suffice. I've a fair few others if you need a posher one!


Dear Sir / Madam,

Re: Account No: abc123


With reference to the above account, I would be grateful for a signed copy of my Consumer Credit Agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of this agreement upon request. I therefore enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

The enclosed payment is not to be used to reduce any alleged outstanding balance.

I understand that a copy of my credit agreement should be supplied within 12 working days.


I also understand that under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.


Yours faithfully

[Bill-K]

Re: Hello

Thanks Labman. See ? You made yourself useful !!!

I finally found the link I was looking for, as well. Much the same thing, as it is a simple request.

[liloldme]

Re: Hello

Hi all, thanks so much for your speedy replies. I now have the letter they sent me in front of me so thought I'd quote their words - 'we confirm the policy did not have any pre-existing medical condition restrictions applied to it.' I have had type 1 diabetes since I was 4 so can prove this, but unfortunately cannot prove that when I signed the credit card application that their statement about medical conditions isn't true. Thanks again for your advice and Bill-K thanks i'll follow your advice and take a closer look at the Fsa Handbook

[Bill-K]

Re: Hello

Blimey - that seems pretty unusual to me, but I guess we may have to accept that. You may find PS10/12 a bit of a chew, but see if you can tick boxes for any more of these reasons for claiming mis-selling...

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