PPI Refusal on Posted Application

[KnightRider]

Hello,

Just wanted to know if anyone had any advice of PPI rejected on a credit card because it was a postal application and the booklet was sent with all information sent.
Its just I remember reading a post where one of u guys sent a FOS guidelines about booklet not being enough evidence.
Sorry have browsed through the forum but can not seem to come across that post. Hoping someone still has it fresh on the mind!

[Bill-K]

Re: PPI Refusal on Posted Application

I may have been the culprit, as I am forever posting my little "Top Ten Fave Rave" FSA Rules lick a stuck vinyl record, KnightRider:-

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 3.2.7 The firm should consider all of its sales of payment protection contracts to the complainant in respect of re-financed loans that were rolled up into the loan covered by the payment protection contract that is the subject of the complaint. The firm should consider the cumulative financial impact on the complainant of any previous breaches or failings in those sales.


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).


DISP APP 3.7.2 Where the firm concludes that the complainant would not have bought the payment protection contract he bought, and the firm is not using the alternative approach to redress (set out in DISP App 3.7.7 E to 3.7.15 E) or other appropriate redress (see DISP App 3.8), the firm should, as far as practicable, put the complainant in the position he would have been if he had not bought any payment protection contract.


DISP APP 3.9.4 The firm should make any offer of redress to the complainant in a fair and balanced way. In particular, the firm should explain clearly to the complainant the basis for the redress offered including how any compensation is calculated and, where relevant, the rescheduling of the loan, and the consequences of accepting the offer of redress.

If it wasn't me, then please tell me who - as we need to talk...!!!

[KnightRider]

Re: PPI Refusal on Posted Application

I may have been the culprit, as I am forever posting my little "Top Ten Fave Rave" FSA Rules lick a stuck vinyl record, KnightRider:-

If it wasn't me, then please tell me who - as we need to talk...!!!

Hello Bill-K

Hope you are keeping well!!!

I think I remember seeing a letter, It was specific one on applications made via post. I normally thanks these posts but can't seem to track that one down!!!
It might have been by Turboman!!!!
On the bright side I came across your rebuttal letter which has been a great help made a couple of adjustments to suit me and will be in the post tomorrow. Thank you once again.

KnightRider