MPPI Claim for mis-sale???

[danb]

For a start, I really want to appologise for yet another post on PPI's but, after reading many, many post's, I'm getting more and more confused

We were sold MPPI when we took out our first mortgage, back in 97'. At first I didnt understand what PPI was but, after a read up, I realise it was the insurance we had taken out to cover for sickness etc. I feel we may have a reason for complaint for a mis-sale. I contacted Halifax, who confirmed we had taken it out and then sent a form to fill out. What worries me is the fact I have read Halifax are difficult to claim against, is this true??

My grounds for the mis-sale are

1. We were very young, 19 and 20 yrs old and we feel we were threatened with losing our home if we didnt take it out. So we thought it was compulsary.

2. We weren't made aware of the T&c's, especially the exclusions to certain illnesses.

3. We were then denied a claim, due to my back problem (as above, we weren't aware of such exclusions)

4. I was already in reciept of a good sickness package with the company I worked with, that being 6mths full pay and 6mth half pay. I have read somewhere that this can mean an 'Overlap', therefore a reason for complaint. But dont understand the reason/meaning of the 'Overlap'???

Any advice would be very helpful.

Danny

[di30]

Re: MPPI Claim for mis-sale???

Hi and welcome

Well I would certainly give it a try, the fact they never paid out as well, you do have a case as it was worthless to you.

How far have you gone with the complaint? (I take it you not started one yet)?

Have you still copies of the paperwork and any evidence to provide to them that they wouldnt pay out on a claim?

[danb]

Re: MPPI Claim for mis-sale???

I have only called Halifax, just for them to confirm we had taken it out. To be honest, I wasn't sure if we had taken it out, which is what I told them. They logged that as the reason of complaint. But, after realising what ppi actually was, after talking with my wife, I now know what it is. So, we remember it all now.

anyway, no, we have no paperwork at all from them. It states on there site that they don't keep certain documents over 5 yr old!! I think when we tried to claim, it was maybe just a call, so may not have even been logged?

[di30]

Re: MPPI Claim for mis-sale???

You could send a Subject Access Request (SAR) if you wish, if you do you send the one off payment of £10 cheque or postal order, they have up to 40 calendar days to comply. If they're unable to provide anything they MUST return your payment and a letter to explain.

I SAR'd Lloyds data dept and was surprised to have received information going all the way back to the 90's, despite them saying they only hold data for the last 6 years.
It's up to you if you do want to send one, if you do and you require the template letter, let us know.

Maybe......just maybe some info will come back.
When Halifax sold you the loan, who was the mortgage business they passed you on to?

For eg, Lloyds set up my mortgage but it was Chelt & Glos the lenders.

[danb]

Re: MPPI Claim for mis-sale???

I have no paperwork whatsoever and have no idea who the mortgage was with. Maybe SARS could be an option. I'm tempted to seek advice from these solicitors you see advertised, I have no confidence in doing it myself :-/

[di30]

Re: MPPI Claim for mis-sale???

I can post up a SAR for you by all means.

However, if you contact the bank who set it up for you, they should be able to confirm who the lender is where you can either SAR the bank or the lender for the info (SAR)?

Let me know if you want me to post up a SAR, cheers, I can then dig it out for you and we can take it from there.

[danb]

Re: MPPI Claim for mis-sale???

Hi all, just an update on my claim. I have not actually sent off my initial claim form as yet, I just haven't had time really. But, I completed as much as I could last night. I have no paperwork/documents whatsoever, even though the form asks for them. I called Halifax and they said I don't really need them and could just send it off anyway, as I have my mortgage number and that would be enough. It crossed my mind to request some documents, but what is the point in me doing so? As I see it, I request them from Halifax
, for me to send them straight back!!

I was just going to send off the form as it was. Will it be detrimental to do so???

Thanks
danny

[di30]

Re: MPPI Claim for mis-sale???

Hi there
Requesting for your paperwork is optional and not compulsory.

We tend to do this if we have no information at all and details of how it was sold etc, plus calculations if required.

If I send them information, I would do so in copies only.

[danb]

Re: MPPI Claim for mis-sale???

I have recieved a knock back letter from Halifax, no suprise there.

My main reasons for the mis sale are-

-The fact i was not made aware of any limitations. Therefore when I tried to claim due to back problems, I couldnt.
-We felt the PPI was a part of a mortgage package, therefore didnt realise we had a choice.
-I recieved 6mth full pay and 6mth half pay from my employer. Therefore I didn't need the cover.
-I was eventually made redundent in 2006 and walked away with a good payout. So obviously, if i lost my job, I would have been ok. Another reason why PPI was not needed. (Is this relevant??)

Their response has been this -

"Policy Features and Limitations - complaint
The infomation we have available does not show that the policy features and limitations made the policy unsuitable for you or that you were ineligable. There is also nothing to suggest this would have affected your decision to take out the policy. (How do they know this??)

Optionality
I can confirm that it has never been a requirement to take out a PPI policy in order for a mortgage application to be accepted. In addition, taking out a PPI policy would not have improved the chances of your application being accepted. (Is this relevant when we thought we had no choice??)

My review of your sale has not found any reasons to suggest that your PPI policy was unsuitable. Therefore, I have concluded that your decision to buy the policy would not have changed.

Conclusion

From my findings,I feel that our adviser acted fairly and reasonably throughout the sale. (How the hell do they know this?? Was they there, did they record it??)

I believe that the infomation provided at the time of sale was a fair presentation of the features of the policy and explained the policy exlusions and cost of the insurance. (exclusions were not mentioned!!!) I also feel it was clear and not misleading therefore allowing you to make a fully informed chioce. (once again, was they there? NO)

My review has not highlighted any failings with the sale that would lead me to believe your decision to purchase the PPI policy would have changed."

Now, that last sentance is yet another assumption!! How can they comment on such thing, with such certainty??
1, I had a good sickness package at work, so didn't really need the policy.
2, There were limitations, such as back injury, rendering it useless, which is exactly what happened. (maybe more limitations??)
3, Also the fact I even had a choice, as to wether I took the policy out!!
So, how do they know I would still have taken it out??? Are they mind readers??? Do they know me???

It baffles me at the amount of assumptions they have made. Also, statements they have made RE the sale of the policy and how the feel it was sold 'Fairly and reasonably throughout the sale'. How can they say this when they werent there??? I'm left shocked........

They have said this is their final decision and advised me to get in touch with the Financial Ombudsman. I'm left feeling out of my depth and very vulnerable. Not good.

Any thought of wether to persue this??? If so, how?

Thanks in advance
Danny

[danb]

Re: MPPI Claim for mis-sale???

I have recieved a knock back letter from Halifax, no suprise there.

My main reasons for the mis sale are-

-The fact i was not made aware of any limitations. Therefore when I tried to claim due to back problems, I couldnt.
-We felt the PPI was a part of a mortgage package, therefore didnt realise we had a choice.
-I recieved 6mth full pay and 6mth half pay from my employer. Therefore I didn't need the cover.
-I was eventually made redundent in 2006 and walked away with a good payout. So obviously, if i lost my job, I would have been ok. Another reason why PPI was not needed. (Is this relevant??)

Their response has been this -

"Policy Features and Limitations - complaint
The infomation we have available does not show that the policy features and limitations made the policy unsuitable for you or that you were ineligable. There is also nothing to suggest this would have affected your decision to take out the policy. (How do they know this??)

Optionality
I can confirm that it has never been a requirement to take out a PPI policy in order for a mortgage application to be accepted. In addition, taking out a PPI policy would not have improved the chances of your application being accepted. (Is this relevant when we thought we had no choice??)

My review of your sale has not found any reasons to suggest that your PPI policy was unsuitable. Therefore, I have concluded that your decision to buy the policy would not have changed.

Conclusion

From my findings,I feel that our adviser acted fairly and reasonably throughout the sale. (How the hell do they know this?? Was they there, did they record it??)

I believe that the infomation provided at the time of sale was a fair presentation of the features of the policy and explained the policy exlusions and cost of the insurance. (exclusions were not mentioned!!!) I also feel it was clear and not misleading therefore allowing you to make a fully informed chioce. (once again, was they there? NO)

My review has not highlighted any failings with the sale that would lead me to believe your decision to purchase the PPI policy would have changed."

Now, that last sentance is yet another assumption!! How can they comment on such thing, with such certainty??
1, I had a good sickness package at work, so didn't really need the policy.
2, There were limitations, such as back injury, rendering it useless, which is exactly what happened. (maybe more limitations??)
3, Also the fact I even had a choice, as to wether I took the policy out!!
So, how do they know I would still have taken it out??? Are they mind readers??? Do they know me???

It baffles me at the amount of assumptions they have made. Also, statements they have made RE the sale of the policy and how the feel it was sold 'Fairly and reasonably throughout the sale'. How can they say this when they werent there??? I'm left shocked........

They have said this is their final decision and advised me to get in touch with the Financial Ombudsman. I'm left feeling out of my depth and very vulnerable. Not good.

Any thought of wether to persue this??? If so, how?

Thanks in advance
Danny

[di30]

Re: MPPI Claim for mis-sale???

Hi
Huh Halifax again with a generic standard fob off response.

I would email the CEO (Chief Executive officer) tell him or her your not happy with the way the complaints team dealt with your complaint where you do strongly believe you have genuine grounds to have made the complaint in the first place. I would also point out that you are at the understanding that many others who have been knocked back by the complaints team have received exactly the same rejection decision, so you do not believe your complaint was taken seriously or even taken into consideration of your reasons.
Give the CEO 14 days to respond. (I would also forward a copy to the complaints team).

However, the CEO will rarely respond but will usually pass on your complaint back to the team with orders to review your complaint.

State if the decision is not changed in your favour by 14 days or if you hear nothing by then, you will be considering taking further action.

Hope this helps you, keep us posted and good luck x

[danb]

Re: MPPI Claim for mis-sale???

I had planned to do that, as I had read it on here to do so, but I haven't yet found contact details??

Manyy thanks for for your help.....again :-)

[di30]

Re: MPPI Claim for mis-sale???

Managing Director/CEO

davidnicholson@halifax.co.uk

Forgot to leave the details with you earlier, sorry, but the best of luck!

[danb]

Re: MPPI Claim for mis-sale???

No joy, what a surprise!! I have a final decision, apparently. The dribble on this decision is a joke. I have requested evidence from them, as they keep asking me for it. All they have sent are copies of the letters they have already sent. I have called them AGAIN, to request actual evidence, but I'm not holding my breath. All I can do now, is go to FOB. It really isn't good enough. Really peed off and angry at the minute. How a company like Halifax can just brush off a compliant as they have is beyond me. My wife wants me to give up on the whole thing.

[di30]

Re: MPPI Claim for mis-sale???

Dan have you a good local MP?

Just a suggestion as its known to work for some by contacting them by giving them your details and ask them to write to them on your behalf as you feel they completely underestimated or even overlooked your complaint. Your MP could write directly to your MP on your behalf.

Personally I would not give in to them, because that is what they are hoping you will do.
If the MP fails, the FOS will review and make their own decision on this once they reviewed both sides.

Halifax are well known for sending the same old fob off generic letters to customers, some have also contacted the CEO to make this known to them that you realise that others in the same position have received the same old response from word to word and that its poor customer service by not taking a customers complaint seriously, especially as being a loyal customer to them!