Re: Underwriter success PPI
This is Dis letter use as a guide only
Dear Sir/Madam,
Santander/GE Cap Bank/First National Bank/Account number:
I was passed your details on request by Santander Bank, and as suggested by the Financial Ombudsman Service (FOS).I had previously wrote to Santander as they deal with complaint via GE Capital Bank/First National Bank.
Since finding information over the last recent months, and since the media (news) of mis selling PPI, it appears that I have reason to complain and make a reclaim on what I have paid of the Insurance Premiums, plus the simple interest to date.
The account is no longer active, and was settled some years ago, but Santander rejected the complaint on the grounds of time has lapsed where they no longer hold the information in relation of the account. They also confirm as they were not regulated by the FSA, I am not able to complain to the Financial ombudsman service.
However, I do have essential information and have since received some details through a Subject Access Request (SAR) from Santander Data Protection Unit, the amount was also confirmed by letter, and although not a large amount, I still feel I have rights to complain and request for a refund.
I have enclosed a copy of the letter that was made to Santander, and they issued me with the final decision, also enclosed a copy of the letter.
I have also enclosed some statements relevant to the above account, and this proves where I was not at first charged for the Payment Protection Plan, and it suddenly appeared on later statements. I was not forwarded any information for the policy, nor was I asked if I wanted the policy. As I lacked knowledge of these products back then, it was assumed as a package and the cover was all part of the full package, because it was not discussed with me, then I was not to know, or I would have refused to take on the product, if I was given that option. The account ran from April 1997 to April 2005.
I also had pre existing medical conditions, in and out of various employment, but covered for company sick pay.
In my opinion, the policy was wrongly sold to me, and there should have been an obligation to provide customers with the appropriate information, and should have been in good time for the customers to make an informal decision to take the cover.
This I believe is where the Insurer/Underwriter comes into light.Researching, it appears that the Underwriter has a responsibility when a policy is sold to a customer by using a Intermediary, even if the Insurer/Underwriter are not present at the sale of the policy, there is joint liabilities with the Intermediary, as it is understood as they sell products on behalf of the Insurer/Underwriter, the application are referred back to the Insurer/Underwriter, as they have a duty to check and ensure that the cover suits the customer’s full requirements.
This would include evaluating an individual before issuing the policy, as it is also very important that the Insurer/Underwriter must perform and must analyse the client’s risk before hand, for example as exclusions may exist.
So it is also down to the Insurer/Underwriter to determine whether they should be accepted or rejected.
This did not happen in my case, if it had then you would have been aware of my current situation. I am holding your company also responsible for failing your duties, and as you used a Intermediary (non experienced) of selling these products, but they still gain an amount of commission from you for making a sale from me.
Your business had a duty to ensure that your intermediary sold the product to me fairly, but this did not happen, I would have otherwise known how these products worked at the time, but with not knowing if it was an automatic cover or not as I had no idea, it was a very poor to have had the insurance added to my account without even discussing it with me.
Please view the information enclosed, and take into account my concerns of this matter.
I understand that Genworth as a respectable company, has embedded the FSA principals of Treating Customers Fairly to all aspects of the business, believe in playing by the rules & strongly endorse any regulation that eradiates such as Mis selling.
With that of the above, I believe you will stand by this comment, and take into account my concerns given. And as a respectable company, will consider refunding me as a goodwill gesture of the amount I paid, plus the relevant interest on each payment made, and to date, also the 8% interest of what a court would normally award. I will also appreciate further redress for the distress & inconvenience this has caused me, which included costs of my time, writing/printing/posting/stamps/Recorded delivery to try to get this matter resolved in full.
I look forward to hearing from you in relation of this matter no longer than 8 weeks as from the date of this letter. If I fail to hear from you within that timescale, I will forward the details on to the Financial Ombudsman Service (FOS) for them to investigate further.
Yours sincerely
This is Dis letter use as a guide only
Dear Sir/Madam,
Santander/GE Cap Bank/First National Bank/Account number:
I was passed your details on request by Santander Bank, and as suggested by the Financial Ombudsman Service (FOS).I had previously wrote to Santander as they deal with complaint via GE Capital Bank/First National Bank.
Since finding information over the last recent months, and since the media (news) of mis selling PPI, it appears that I have reason to complain and make a reclaim on what I have paid of the Insurance Premiums, plus the simple interest to date.
The account is no longer active, and was settled some years ago, but Santander rejected the complaint on the grounds of time has lapsed where they no longer hold the information in relation of the account. They also confirm as they were not regulated by the FSA, I am not able to complain to the Financial ombudsman service.
However, I do have essential information and have since received some details through a Subject Access Request (SAR) from Santander Data Protection Unit, the amount was also confirmed by letter, and although not a large amount, I still feel I have rights to complain and request for a refund.
I have enclosed a copy of the letter that was made to Santander, and they issued me with the final decision, also enclosed a copy of the letter.
I have also enclosed some statements relevant to the above account, and this proves where I was not at first charged for the Payment Protection Plan, and it suddenly appeared on later statements. I was not forwarded any information for the policy, nor was I asked if I wanted the policy. As I lacked knowledge of these products back then, it was assumed as a package and the cover was all part of the full package, because it was not discussed with me, then I was not to know, or I would have refused to take on the product, if I was given that option. The account ran from April 1997 to April 2005.
I also had pre existing medical conditions, in and out of various employment, but covered for company sick pay.
In my opinion, the policy was wrongly sold to me, and there should have been an obligation to provide customers with the appropriate information, and should have been in good time for the customers to make an informal decision to take the cover.
This I believe is where the Insurer/Underwriter comes into light.Researching, it appears that the Underwriter has a responsibility when a policy is sold to a customer by using a Intermediary, even if the Insurer/Underwriter are not present at the sale of the policy, there is joint liabilities with the Intermediary, as it is understood as they sell products on behalf of the Insurer/Underwriter, the application are referred back to the Insurer/Underwriter, as they have a duty to check and ensure that the cover suits the customer’s full requirements.
This would include evaluating an individual before issuing the policy, as it is also very important that the Insurer/Underwriter must perform and must analyse the client’s risk before hand, for example as exclusions may exist.
So it is also down to the Insurer/Underwriter to determine whether they should be accepted or rejected.
This did not happen in my case, if it had then you would have been aware of my current situation. I am holding your company also responsible for failing your duties, and as you used a Intermediary (non experienced) of selling these products, but they still gain an amount of commission from you for making a sale from me.
Your business had a duty to ensure that your intermediary sold the product to me fairly, but this did not happen, I would have otherwise known how these products worked at the time, but with not knowing if it was an automatic cover or not as I had no idea, it was a very poor to have had the insurance added to my account without even discussing it with me.
Please view the information enclosed, and take into account my concerns of this matter.
I understand that Genworth as a respectable company, has embedded the FSA principals of Treating Customers Fairly to all aspects of the business, believe in playing by the rules & strongly endorse any regulation that eradiates such as Mis selling.
With that of the above, I believe you will stand by this comment, and take into account my concerns given. And as a respectable company, will consider refunding me as a goodwill gesture of the amount I paid, plus the relevant interest on each payment made, and to date, also the 8% interest of what a court would normally award. I will also appreciate further redress for the distress & inconvenience this has caused me, which included costs of my time, writing/printing/posting/stamps/Recorded delivery to try to get this matter resolved in full.
I look forward to hearing from you in relation of this matter no longer than 8 weeks as from the date of this letter. If I fail to hear from you within that timescale, I will forward the details on to the Financial Ombudsman Service (FOS) for them to investigate further.
Yours sincerely
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