Fos did not uphold PPI complaint on mortgage.. Fobbed off ?

[Quasar911]

Hello All,

I put in a PPI claim for a joint mortgage and was told i had a very good chance of a claim as i never needed PPI if given the choice,

The letter from FoS says along the lines of L&G not responsible and that i can complain to an individual who sold it to us !
What good is that going to do, one cant claim PPI off an individual person can they ?

If you need to see the letter i can scan and post up,

I know i am entitled to PPI on mortgage as i remember being told, you need to have this !

PS. i am doing this via ClaimHunters... is it worth telling them to push.. or do they just not care -

Regards
Q

[Amethyst]

Did you get your mortgage through a broker ?

What have claimhunters actually said they will be doing in response to the ombudsman ?

( and no they don't care much - if you take over the complaint they'll come after you for their commission if you win anyway - you can argue it of course - but they really should have done the complaint themselves to the broker.

[Quasar911]

Hello Amethyst, from what i remember, everything at the time was done via an office in Abbots Estate Agents ( dont exist now ) so yes, i guess it would have been a broker.. does that mean im stuck then ?

Oh as far as claimhunters have said - thats it, sorry - no win, no fee, im not having that - i want to complain more but not sure how

[Amethyst]

Nope that's fine - you could write back to claimhunter people saying thanks for their service , and confirm that you are no longer under any contract with them, and ask them for copies of all information they hold about you ( SAR - Subject Access request )

Find out if this estate agent is still about and send them a SAR specifically relating to the mortgage broker ( likely an IFA ) and SAR your mortgage lender to find out who the underwriters on your policy we're.

Why do you believe it was missold ?

[Quasar911]

Hello Ametyst,

I believe it was missold to us as we were pressurised into having it, and i felt i did nit need it - we didnt have the knowledge back then as we do these days ie our rights to refuse, i had money, ex wife did, both working, good sick pay and both parents had money, so it was covrered anyway

It was a case of you need this and other critical illness over to get the mortgage,

The estate agents is no longer around and the person Jon Brumpton is freelance within another estate agents,

I want to get this ££ before August 2019 deadline,

So if i complain to the person, how do i win actual funds, does he get PPI sued out of his own pocket ?

ThanksQ

[Quasar911]

Apparently nothing they can do : Email today

[External Email]
Good Morning *******

I hope you are well.

I have had a look at your Legal & General appeal and can confirm the following:

Unfortunately due to the date of when the finance was sold to you ( 21/02/2001) the sale of ppi was unregulated. There were no regulations in place for unregistered companies prior to 2005.

This means that at the time of sale there were no rules in place regarding the sale of ppi, of which the Ombudsman cannot request the business to uphold the decision due to this.

Pre-regulated sales = the lender/business was not regulated at the time of sale and was sold pre-regulation (meaning before 2005 and before any legislation was put in place regarding the sale of these types of policies with unregulated lenders).

Also the Ombudsman looked at whether you fall under the case of Plevin and found that due to the dates of when you gained the finance you were not entitled to a refund.

This cannot be appealed as it is not a matter of whether it was mis-sold to you, it is whether it fits within the court’s ruling on the commission under the Plevin case. It is determined on the amount of commission that you paid and when you gained the finance.

Please see the following:

Plevin is the commission aspect of a ppi compliant. Plevin was a court case brought by Mrs Susan Plevin in 2014 against Paragon Personal Finance Ltd, which was upheld in November 2014 in Mrs Plevin’s favour by the Supreme Court. The retired lecturer found that 71.8 percent of the PPI premium was taken as commission.

Susan argued that the failure to disclose this amounted to an unfair contractual relationship. Furthermore, she argued that the premium should be returned. The court ruled that the PPI seller failed to disclose that it had received a large commission from the product provider. This amounted to an unfair relationship under the 1974 Consumer Credit Act.

Source: https://www.apjsolicitors.co.uk/what-is-plevin/ please do follow the link for further information.

Unfortunately due to the above points there is nothing further that we or the Ombudsman can do regarding your appeal and the case has reached its end.

We will be in contact regarding your remaining open cases as soon as we have an update for you.

Best wishes,

Maria