Halifax ppi claim refusal

[Mike h]

Hi there, hopefully somebody can help I'll get straight to it.
I phoned halifax to make a complaint of PPI on my credit card, This is what I told them:-
1) I never asked for the policy and It was added to my card without my permission.
2) Because of this I've been forced to take insurance that I didn't want
3) I wasn't given an option to take it out.
4) When I looked at my Credit card statments I saw the PPI but I thought this was compulsary payment and It was part of having a credit card
5) I didn't know anything about the insurance and how it works.

I promptly received a letter to say they were looking into it, Five weeks later I received a phone call from the Halifax asking a few questions like if I was ill or unemployed how would I have paid the credit card, to which I answered my wife also works and I received my full wage at my previous employer when I was off sick.

I've now received a four page letter of refusal, on it it tells me that I applied for the PPI at my local Halifax branch on 20 May 2000 and to assist their investigation thay also considered:-
My consumer credit agreement
Their knowledge of their sales process and documentation at the time
My sales documentation

What should I do next as I dont agree with their decision

Thanks for any help you can give

Mike

[di30]

Re: Halifax ppi claim refusal

Hi and welcome

Was this the final decision? (with a final decision, they should let you know if your eligible to complain to the Financial compensation scheme (FOS) with the leaflet details.
If you were not provided with the final decision with the above leaflet details, I would write back, and ask them to reconsider, tell them you do not agree with the decision they made on your complaint because...........
And you are asking if they will review and write to you by 14 to 21 days. Confirm if you hear nothing or if the decision is not changed in your favour you will consider taking it further. Also state that if they decide to reject your complaint again to provide you with written evidence of the sale of the policy on why they rejected it.

Sometimes they will also change a final decision, depending on what further info you may forward them.

Hope this helps, but keep at them, good luck.

[Mike h]

Re: Halifax ppi claim refusal

The letter says if I don't reply within 28 days they will consider it resolved, it also states if I do contact themI need to provide further supporting evidence to support my claim.
To the best of my knowledge I told them everything in the first place.
They say that any documentation provided afterwards and during the point of sale would have explained the benefits and limitations of my policy.The letter also says She is of the opinion that where it was practical the features of the policy were discussed at the point of sale.
The letter doesn't say final decision on it but it does say I can contact the FOS if i'm unhappy with their decision.

I've also got to check but won't be able to do it until Tuesday but even when I was made redundant from my previous job i'm unsure If I claimed on this policy because at the time I knew nothing about it, If so doesn't this show it wasn't explained to me?

[di30]

Re: Halifax ppi claim refusal

The letter says if I don't reply within 28 days they will consider it resolved, it also states if I do contact themI need to provide further supporting evidence to support my claim.
To the best of my knowledge I told them everything in the first place.
They say that any documentation provided afterwards and during the point of sale would have explained the benefits and limitations of my policy.The letter also says She is of the opinion that where it was practical the features of the policy were discussed at the point of sale.
The letter doesn't say final decision on it but it does say I can contact the FOS if i'm unhappy with their decision.

I've also got to check but won't be able to do it until Tuesday but even when I was made redundant from my previous job i'm unsure If I claimed on this policy because at the time I knew nothing about it, If so doesn't this show it wasn't explained to me?

Hi Mike

It looks as if they are giving you a choice of writing further or you can complain to the FOS now, however even if you did write back and they rejected again you can still complain to the FOS then, because that would be the "Final decision".

Have you tried requesting for a Subject Access Request (SAR)? any details of any claims made should be enclosed within the SAR data, if you want to do this below there is a full SAR letter, you enclose the one off payment of £10 cheque or postal order.
However, even if you did make a successful claim, it makes no difference, depending on the reasons, as it may have covered you for one thing but not the other, or other reasons you may have, the only difference will be is that - if a successful claim was made, the amount due to you will be reduced, with that they should send you a detailed written breakdown of the calculations once resolved.

You could write again, ask them to reconsider whilst sending for a SAR (If you wish) and even if they reject again in that time, documents enclosed within the SAR may be a help to you if you do end up complaining to the FOS.
They have 40 calendar days to comply to the SAR.

Tell them you do not agree with the decision and believe you have a genuine reason to make a reclaim, and if they can provide you with written evidence of when the policy was sold to you at the time (of why they came to the decision they made (of evidence they used for the investigation of the complaint). They are often stumped at this stage, because it's not always they can provide you with the proof of the sale, and what was said and so on.
Not everyone are successful first time round, and it's the matter of having to write to them again, so you do what you feel is best from here, but either way you can still complain to the FOS now or if they reject again.

SAR letter here:

YOUR ADDRESS
YOUR POST TOWN
YOUR POSTCODE

BANKS NAME
BANKS ADDRESS
BANKS POSTCODE

Date

Account No: XXXXXXXX Sort Code: XX XX XX

Dear Sir/Madam

Please send me all data that your company holds relating to my entire account history. Please include details of all transactions, and a copy of the original contract by which this account is/was governed at the time it was opened including all amendments made to the contract terms since opening the account.

I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention. If you are unable to provide this specific information, copy statements will suffice.


All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days.


In light of all the recent publicity regards the reclaiming of bank charges, some Banks appear to now only be providing a breakdown of charges in response to all and any Data requests. For the avoidance of doubt I do actually require all information held by yourselves.

It seems a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all. If you no longer hold data beyond 6 years however, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

Whilst not exhaustive and for the avoidance of doubt I shall list what I require:

* Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same.

* Copies of all statements relating to the above accounts.

* Copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.

* Copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.

* Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

* Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

* Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

*Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

* Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

I enclose the maximum statutory fee of £10.

You have 40 days to comply with this request.

If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office which could result in a fine and prosecution.




Yours faithfully,



Your name

[Mike h]

Re: Halifax ppi claim refusal

Thanks for your reply, Could you tell me , is there a generic letter on site which basically asks them to reconsider their decision. I feel that beacaue I've gone to them on my own rather than through one of these PPI companies they feel i'm easier to fob off, because I dont have the know how . perhaps when I write the letter it sounds like I don't know what i'm talking about.

Thanks in advance

Mike

[di30]

Re: Halifax ppi claim refusal

Hi Mike

I don't think there is a follow up letter as such, just templates of the first letter and letter before action (if they fail to comply).

It's always best to use your own words and not to make it like a template letter if you get my drift.

For example.


Dear Sir/Madam


I refer to the letter received dated XX/XX/XXXX, and am disappointed that you rejected my complaint, since I believe I have genuine grounds to make a reclaim on the Payment Protection Insurance that was mis sold to me.

I have taken into account the reasons on why you rejected my complaint and confirm I do not agree.

Despite being sold the product directly in the branch on 20th May 2000, the policy was not discussed with me, I signed the agreement where I was requested to sign by the arranger, then when checking on statements I noted PPI was included, but assumed this was an all in one package, as it was not made clear to me or discussed at the point of sale.
I have recently been made aware of mis selling of PPI through the media, and it was then I realised I have grounds to make a complaint and reclaim my PPI, otherwise if I had been aware earlier I would have obvously had raised this matter earlier.

So despite your decision, there was only myself and the arranger at the point of sale, and I do not believe documentation you have stated is a reason for you to reject my complaint.
As a respectable customer of your business, I'm sure you will reconsider my complaint and consider my reasons I have given.
In my opinion the payment protection insurance was automatically added to my credit card - without discussing it with me. The product may not have been suited to my requirements, and I may have had already had adequate cover in place, such as with my employer, but you failed to go through the options, as I was not given any.

I will appreciate it if you will reconsider my complaint, and write to let me know within 14 to 21 days of you receiving my letter. If you fail to change the decision, or if I hear nothing further by the above requested timescale, I will consider taking this matter further.
If you do not change the decision, I will also appreciate it if you will provide me with written evidence of how you rejected my complaint.

Yours sincerely

Sign

Print Name

.................................................. .................................................. .................................................. ..........

Something along those lines, tweak to your requirements, good luck.

[Turboman]

Re: Halifax ppi claim refusal

Excellent work Di

[di30]

Re: Halifax ppi claim refusal

Excellent work Di

LOL, cheers Turbo.

Clear and simple, just hope it works for Mike now, fingers crossed.

[Mike h]

Re: Halifax ppi claim refusal

Appreciate this, sounds fantasic.

Mike

[di30]

Re: Halifax ppi claim refusal

Appreciate this, sounds fantasic.

Mike

It's my pleasure Mike, go for it and if you want to add anything to the letter as well in case anything I missed.

The best of luck, let us know how you get on, cheers.

[Maysa]

Re: Halifax ppi claim refusal

Hi Dizzy Di
Happy New Year to you! I am a virgin to this. I hiope you can help me :-)
I received a letter back in 2007 acknowledging that I had paid my loan in full and that my loan insurance rebate of £2636.90 was used to reduce my total outstanding loan.

Can they do this ? I was told they are not suppose to do that.

Can you shed some light on this

Many thanks

Maysa

[di30]

Re: Halifax ppi claim refusal

Hi Dizzy Di
Happy New Year to you! I am a virgin to this. I hiope you can help me :-)
I received a letter back in 2007 acknowledging that I had paid my loan in full and that my loan insurance rebate of £2636.90 was used to reduce my total outstanding loan.

Can they do this ? I was told they are not suppose to do that.

Can you shed some light on this

Many thanks

Maysa

Hi Maysa

Happy New Year to you too ;-)

First of all do you mean rebate? for example, when you settled the loan -paid off the loan, they used your ppi rebate to reduce the amount due?
Or do you mean, you made a complaint for a refund, you were successful and they used the refund towards the loan balance?

Sorry if I misunderstood you, and look forward to hearing from you.
Also welcome to LB.

(It may also be a good idea to start your very own thread), so that we know who's is who, ;-)

Cheers

Di
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