Halifax and PPI - Letter of rejection

[bigalig2003]

Dear All
I have included here my letter of rejection from Halifax re PPI - I claimed on the main basis of self employment (contractor) and illness - Asthma.

Any comments gratefully received....



Kind Regards



Alan

[di30]

Re: Halifax and PPI - Letter of rejection

Hi there

I am going to look into this now then get back to you, dont worry x :tinysmile_twink_t2:

[di30]

Re: Halifax and PPI - Letter of rejection

Write back with further information, as they are giving you the opportunity to do this.

Looks like one of those generic standard rejection letters, but with them just adding bits between.

Now in regards of your med condition, I would point out that you had a pre med condition at the time the policy was sold to you, and if the adviser had discussed the product with you at the time of the sale, then the adviser would have been aware of your pre med condition which could void a successful claim under this medical condition, and then comment by adding, if of course you were aware earlier of the mis selling of PPI and of the criteria that you would not be covered by a med condition that you had at the time, you would have raised this up earlier, and if it was sold correctly to you then the adviser should not have applied the ppi to your credit card application. So it comes to mind that the adviser did not raise or discuss the exclusions of the policy to you.

And the fact of being self employed, the policy was worthless to you, so why did the adviser apply ppi to your application knowing the fact that you were self employd at the time.
The policy was not not discussed in order for you to make up your own mind and you were never given the opportunity by the adviser to opt out, this is still unfair selling.

I would also add, that the information they provided about the information they held, does not actually prove the adviser acted fairly, the application was not filled out by yourself but by the adviser, and you only signed where you were told to sign, no questions asked, if they were asked then of course you would have made it clear of your pre existing med conditions and of your self employment, however, the adviser should had known by being a contracter as self employed I would not be eligible.

Also ask them to provide you with evidence they have in writing that suggests that the adviser acted fairly, state you will appreciate the copies of the evidence.

It was the advisers job afterall for selling the insurance and not your's.

Anything else you can think of that you may have missed, also add, and ask them to review your complaint again, also send a copy of it to the CEO of Halifax.

Good luck.

[bigalig2003]

Re: Halifax and PPI - Letter of rejection

Thanks fro the quick response much appreciated - I will get back to you on your recommendations - they sound great!

[Victoria27]

Re: Halifax and PPI - Letter of rejection

Hello, Alan, and welcome!
i am a friend of Di.
as always our star gave you the best possible advise.
all I might add is that, in some cases companies try to say that they do cover self employment. However there are always significant limitations, even if they say you are eligible.
it is called "onerous" conditions, unusual ones, which apply to self employed.
i believe with your status, you are under category of people for whom "unemployment is a regular feature of work". Every PPI has this exclusion, which makes it impossible for you ever to make a successful claim.
clearly the advisor failed to make you aware of it.
the same with your pre-existing medical condition.
Di is absolutely right and she gave you an excellent advise.
I will just add a few references from the FCA guidelines to make your case even stronger.
you may refer to the relevant part of the FCA Handbook:

"Appendix 3 Handling Payment Protection Insurance complaints

Determining the effect of a breach or failing

Where the firm determines that there was a breach or failing, the firm should consider whether the complainant would have bought the payment protection contract in the absence of that breach or failing.
In the absence of evidence to the contrary, the firm should presume that the complainant would not have bought the payment protection contract he bought if the sale was substantially flawed, for example where the firm:




(1) pressured the complainant into purchasing the payment protection contract; or
(2) did not disclose to the complainant, in good time before the sale was concluded, and in a way that was fair, clear and not misleading, that the policy was optional; or
(3) made the sale without the complainant's explicit agreement to purchase the policy; or
(4) did not disclose to the complainant, in good time before the sale was concluded, and in a way that was fair, clear and not misleading, the significant exclusions and limitations, i.e. those that would tend to affect the decisions of customers generally to buy the policy; or
(5) did not, for an advised sale (including where the firm gave advice in a non-advised sales process) take reasonable care to ensure that the policy was suitable for the complainant's demands and needs taking into account all relevant factors, including level of cover, cost, and relevant exclusions, excesses, limitations and conditions; or


App 3.6.2

(6) (7)
(8)
(9)


did not take reasonable steps to ensure the complainant only bought a policy for which he was eligible to claim benefits; or
found, while arranging the policy, that parts of the cover did not apply but did not disclose this to the customer, in good time before the sale was concluded, and in a way that was fair, clear and not misleading; or

did not disclose to the complainant, in good time before the sale was concluded, and in a way that was fair, clear and not misleading, the total (not just monthly) cost of the policy separately from any other prices (or the basis for calculating it so that the complainant could verify it);
or..."



Etc......

i believe, in your case it is obvious that the sale was flawed, which does make it mis-sale

best of luck

V

[di30]

Re: Halifax and PPI - Letter of rejection

Excellent extra info, thank you Victoria x x

[pressandgo]

Re: Halifax and PPI - Letter of rejection

excellent information to use as ammo if claim rejected.

[steinway]

Re: Halifax and PPI - Letter of rejection

be interested to know how this one is progressing Since we in a battle too with the halifax and always been self employed. I did help a friend claim from them though and she was part time employed and had NO problem getting the money back from the mortgage ppi I think it was - I can't understand how it seems so different each case!!! In our case, they tried to say to us that the mortgage protection policy didn't specifically 'exclude' my husband as it had this huge long section about unemployment details but the upshot was that he would have never claimed/ been ableto claim on the unemployment side. Could be worth you checking the details of the policy? on reading the policy though it was utterly rubbish for anyone self employed so have no idea how they could get away with saying it was suitable. Good luck but keep going with it!!!!

[Victoria27]

Re: Halifax and PPI - Letter of rejection

Good luck, Steinway.
In most of self-employed cases, even when some PPI in theory can cover it, usually it involves "onerous", unusual terms, which have to be brought to the attention of the customer to enable to make an "informed" decision before sale is completed.
Keep going, please. All the best.
V

[bigalig2003]

Re: Halifax and PPI - Letter of rejection

Hi victoria et al thanks for all that excellent information.

I have spoken to Halifax who rejected my claim again (letter from them is in the post) but spent 20 mins arguing with a numpty who said that they had upheld their original decision.

I sent a further letter prior to your advice Victoria where I pointed out in addition to being self employed that my asthma as a pre-existing medical condition would have excluded me from claiming against it anyway.

All she could say was that they had reinvestigated and the process and evidence they had meant that my asthma wouldn't have counted and so the sale was correct. It was at this point that I exploded and challenged her to say whether they would have paid out on the PPI if I'd had had an asthma attack - she couldn't answer.

I have now asked her to escalate this back to their teams for further investigation as she agreed that this extra layer of proof if you like had not been tested (apparently they tried to call me) and so on that basis declined the claim.

I'll wait till I receive the letter and post it here for people to see and then I'll hit them again with another letter and perhaps and email to the Lloyds chairman.

In the meantime any further advice would b gratefully received . I knew that claiming would be hard but this is ridiculous!


Kind Regards



Alan

[di30]

Re: Halifax and PPI - Letter of rejection

I would be asking the insurer for the policy details, once you have them - throw it back in their faces.

(If Halifax does not provide you with the policy details, then do ask the underwriters, as you are entitled to a copy of these free of charge).

Our Victoria is currently away but back in a few days time. :tinysmile_twink_t2:

[bigalig2003]

Re: Halifax and PPI - Letter of rejection

Dear Di/Victoria

Here is the rejection letter in full - I will be asking for the policy details and full documentation they have.

In the meantime - any ideas?


Kind Regards



Alan

[di30]

Re: Halifax and PPI - Letter of rejection

Dear Di/Victoria

Here is the rejection letter in full - I will be asking for the policy details and full documentation they have.

In the meantime - any ideas?


Kind Regards



Alan

Hi Alan
Thank you for posting up your letter.

Yes I agree they should post up a copy of the information/application they supposedly went by in order for complete your application, so as soon as you receive this post it up so we can work on that on knowing what to write.
If its the case they're unable to provide these details, then this would be telling us something as well.

So basically you now write back and ask them for the concrete evidence, request for a copy of the application and the details in how they come to the decision. (We can work something out from that info).:tinysmile_twink_t2:

[bigalig2003]

Re: Halifax and PPI - Letter of rejection

Hi Di

Spoke to halifax yesterday and quoted the FCA handbook refs that Victoria posted - like talking to a brick wall. Anyway I have asked for concrete evidence but in the meantime do you have the CIO email addresses for both Lloyds and Barclays?
- thought I would send emails direct to the CIO's as well?



Kind Regards


Alan

[di30]

Re: Halifax and PPI - Letter of rejection

Hiya

Hope you hear something positive with now contacting the CEO's, I have lloyds below for you, now in regards of Barclays please remind me to save scrolling all the way back because my puter is very slow lol, was the Barclays a loan or credit card? (So I can give you the correct ceo on that one) thanks x

Meanwhile Lloyds CEO.....

antonio.osorio@lloydsbanking.com