Evidence for Halifax credit card PPI claim

[Spudonicus]

I’ve recently submitted a claim for what I feel was mis-sold PPI on a Halifax credit card which I got for an upcoming backpacking holiday in 2001. At the time I was doing seasonal, cash-in-hand bar work for which I did not have an employment contract.

The basis of my claim is that while I was open with the bank about my temporary employment status, under the terms of the PPI relating to employment, the insurance was not appropriate for me as I would not have been covered in the event of a claim. This was not made clear to me and I was mis-sold the policy.

The problem I have is the evidence for this. I have been able to get the T&Cs of the PPI policy but not a copy of the original PPI agreement. I have found my credit card statements from my holiday immediately after receiving the credit card, listing foreign purchases and transactions. But all that shows is that I went abroad, and doesn’t prove anything about my employment situation.

The pub I was working in at the time has also changed hands. But on reflection, all I could ask of my former employers even if I could track them down would be to vouch for the fact that I was never formally employed by them, which, even if they did do, only proves a negative.

I’m confident that I have a stronger case than a vague “I didn’t know I’d signed up for PPI”, but I’m concerned I could end up rejected on a “your word against ours” basis.

Any suggestions would be very gratefully received.

[di30]

Re: Evidence for Halifax credit card PPI claim

You could request a SAR (Subject Access Request) from the tax office, if you were not in the UK then, this should hold details if not employed etc, but the fact that you were living abroad, they would not have covered you anyway (living outside the UK)!

I understand this applies to all Terms and Conds, if living abroad you would not be eligible.
Have they literally requested for any concrete evidence from you?

[Spudonicus]

Re: Evidence for Halifax credit card PPI claim

Hi Di,

Sorry for not replying sooner! Maybe my first post wasn't clear enough, but I was only abroad for a month or two. The only reason I mentioned my holiday is that it's the reason I got the credit card.

The key issue is proving my work status in the UK at the time I got the card and the PPI. As I said above I was working cash in hand without an employment contract when I purchased the PPI. But proving that, as well as the fact that I was missold is what I'm concerned about.

I havn't heard back from the bank yet, but they will no doubt want to talk about it on the phone. I'm just not sure what they are going to ask me and if there is any more I could be doing to build my case....

[di30]

Re: Evidence for Halifax credit card PPI claim

Hi there and not a problem :-)

Personally as many others will also suggest is to now directly speak to them verbally on the phone and if they do ring you tell them any info they need to know you will be more than happy to send it in writing and or by email, as you want to keep concrete written details of any correspondence. You have your rights to do so :-)

Let us know and we will go from there, and thanks for clearing this up for me, it was more than likely me misreading. lol!

[Spudonicus]

Re: Evidence for Halifax credit card PPI claim

Hi Di,

Good news. My complaint has been upheld and they have made me an offer.

However, without wanting to look a gift horse in the mouth, I'm struggling to understand how the Halifax have calculated the total. They are offering me 1) a refund of the PPI premiums I paid, and 2) 8% statutory interest on that amount. What's not included in the calculation (as far as I can make out) is a refund of interest applied to the account because of the PPI.

They state that, "To put you back in the position you would have been in had you not bought PPI, I've compared what you paid with the policy in place, and a reconstruction of your account without the policy. The difference between these two amounts was lower than your total premiums paid. As such, your refund is the PPI premiums you paid".

I'm confused??

[di30]

Re: Evidence for Halifax credit card PPI claim

Yay well done on your success! :tinysmile_twink_t2:

What I do know is that calculating credit card to loan ppi may work out a little differently, more so in regards of the interest.

An explanation before of credit card ppi refunds, meanwhile maybe one of our good folks that works with the calculation side can help explain in more detail, but do take a look at below to see if that helps, but otherwise you could email/write to the business to ask for a more detailed breakdown. They should provide this on request.

CREDIT CARDS

1. Where card account and the PPI are still in force.

If the consumer agrees to cancellation of the PPI the financial business should:

a) reconstruct the account by removing any premiums in respect of the PPI and any interest or charges in respect of those premiums;
b) if that produces a credit balance for any period, credit interest on that balance for that period at 8% simple per year; and
c) send the customer a statement showing the resulting balance on the account (with details of how it was calculated).

2. Where the card account is still open but the PPI has been cancelled.

The financial business should:

a) reconstruct the account by removing any premiums in respect of the PPI and any interest or charges in respect of those premiums;
b) if that produces a credit balance for any period, credit interest on that balance for that period at 8% simple per year; and
c) send the customer a statement showing the resulting balance on the account (with details of how it was calculated.)

3. Where the card account has been cleared and closed and the PPI has been cancelled:

The financial business should:

a) reconstruct the account by removing any premiums in respect of the PPI and any interest or charges in respect of those premiums;
b) if that produces a credit balance for any period, credit interest on that balance for that period at 8% simple per year;
c) pay the customer the difference between the revised closing balance and the original closing balance;
d) pay the customer interest on that difference at 8% simple per year from the date of closure to the date of payment; and
e) send the customer details of how the revised balance, the difference and the interest were calculated.