Non advised ppi claim rejection

[Victoria27]

Re: Non advised ppi claim rejection

Dear Chrissie, looking at the bits of the letter they sent to you, it is obvious, that instead of dealing with your particular case - which is very clear and straight forward - they based their decision on the assumption how things should have been done at the time of this sale.
They "believe," you were given all the information, they "assume" the dicuments were sent to you etc.
it is in breach of the FCA regulations, to base their decision on the assumption what might have happened, rather than invistigating your case, where PPI was not suitable and not necessary.
they did not give an advise, but they were under an obligation to disclose to you the exclusions, which they clearly did not, otherwise, you would not have taken that unsuitable for you product.

(FCA guidelines, App. 3.3.9, 3.3.10, 3.3.11 and 3.312 G).

Also I refer you to the relevant FOS documents: "...we look at the circumstances of the actual sale to establish what did happened, rather then what was supposed to have happened".

You were not be eligible at the time of sale as you did have your medical condition then and you can prove that.
The fact that they for some reason do not have it in their files does not change that fact, which is provable.
it shows, however, that either you were not made aware of the importance of that pre-existing condition, as the company failed to inform you what an impact it would have on your eligibility, or it shows their negligence and incompetence as they failed to register that information.

Vxxx

[Chrissie59]

Re: Non advised ppi claim rejection

Thank you so much for this great information..I plan to spend the next couple of days trying to compose a letter of appeal ..should I send a copy to the CEO ? And do you think there is any value in phoning them to inform them that I disagree with their decision? I will try and copy my response on this forum andIf it is ok I would appreciate if you could have a look at it before I send it off many thanks again I am so impressed with all the support I have received xx

[Victoria27]

Re: Non advised ppi claim rejection

You are very welcome, Chrissie.
of course, we will look at your letter. There are so many wonderful experts here who will be able to help. I would be delighted to, for sure.
let's see what Di suggests.
when I emailed to the CEO, it was specially addressed to the CEO, not copied. This way it goes to the different department, a higher level.
In my case, after repeated rejection from the complaint department I emailed to the CEO, with the copy to my MP in the same email. Not forwarding but cc. This way the CEO office saw that all our communication was visible to the MP office in a real time
it appeared to help
the question is if you want to write them back prior to going to the CEO, or just email to the CEO straight away.
We'll ask Di
One time I wrote to the company and challenged their decision. It was enough and in one week they upheld.
In any case, I would put a line, something like: "Prior to me escalating this matter, I am giving you a chance to reconsider your decision within next 10 working days" (or 2 weeks, which is the same). Please correct my English, it is not perfect, being my second language. You got the idea. The company has to understand that you are not going to abandon your fight and will continue. Then they take it more seriously.
About telephone call to them.
In my experience it is not a bad idea at all. I did talk to the businesses representatives.
However you have to bear in mind that they may record your conversation and may trick you to say something which can be used by them to reinforce their side of story. Just some silly expression, a combination of words or hesitation on your side etc.
Of corse, considering your case is very clear and straight forward, I cannot imagine them succeeding in tricking you.
I know it is so sad and frustrating that we cannot trust companies just to be fair and to do their job as expected according to the regulations, with transparency and honesty. I was lucky with the most of them. So I was not at all prepared for all those tricks and ways they are trying to avoid redress. It was quite a shock for me. So I learned a hard way
Let's see what our friends think about it.
It looks like they suggested you contact them within 28 days if you want to discuss your case, so, may be it is ok to give it a go. If they do not sort it out for you, then in 2 weeks to email to their CEO with copy to your MP and to give them further 2 weeks.
You have a strong case. It might be enough if they understand that you are prepared to fight for it.
We are here for you
Vxxx

[Chrissie59]

Re: Non advised ppi claim rejection

Hi thanks again just a quick update..don't know what you make of this ? I phoned BOS and spoke to a ppi customer service person..I told them that I was concerned that the main reason for my complaint was not being addressed despite them having it in writing and verbally . She seemed surprised by this and after discussing with her senior she told me she will be "escalating" my complaint to the appropriate department for review..I am still not holding out much hope as I think they will come back with original reason for refusal I.e. non contact sale etc but at least,thanks to yourselves I feel much better prepared for the battle! Lol thanks again chrissie x

[Victoria27]

Re: Non advised ppi claim rejection

Hi again, Chrissie, that sounds ok.
It might work. It did for me once in similar circumstances with one of my cases (MBNA).
You are right to be prepared, in case they repeat their rejection letter.
In that case, if they reject once again, I would not waste time any more with complaint department and go straight to the CEO office.
fingers crossed for you
Best,
Vxxx

[Chrissie59]

Re: Non advised ppi claim rejection

Hi all just an update BOS telephoned me today asking for a suitable time they can contact me to discuss my claim...They are calling back at 10 am tomorrow morning so I am currently making notes from all your very helpful posts so I can be prepared ..will keep you posted thanks again chrissie

[Victoria27]

Re: Non advised ppi claim rejection

Thank you and good luck, Chrissie.
We are here for you.
Xxx

[pressandgo]

Re: Non advised ppi claim rejection

Please be careful about what you say on the telephone. If you are unsure about anything please offer no information rather than say something which might harm your claim.

Good luck

[Victoria27]

Re: Non advised ppi claim rejection

Very good point, Pressandgo.
Chrissie mentioned she was making notes and getting ready.
She was preparing her "homework".
let's hope...
Xx

[Chrissie59]

Re: Non advised ppi claim rejection

Thanks pressandgo..they more or less asked me the same questions from the questionnaire but more detailed...obviously their argument is "non advised"which basically is their "get out" for anyone trying to claim in these circumstances..I just continued my response that regardless of the type of selling the policy was not suitable and that I had no recollection of receiving policy documents,and after taking advice from this forum I was able to quote FOS guidelines etc ...to be honest I think they will reject my claim again but I told them that I thought I had a good case and would be taking it further. The good thing is that they now have much more detail of existing health problems and my work benefits (NHS) and other financial cover I would have had at that time. I have to say I am finding this whole PPI thing quite stressful but the more I see what has been happening ,the more determined I am to see it through! Lol thanks so much for your support! Chrissie

[Victoria27]

Re: Non advised ppi claim rejection

Chrissie, well done, being determined and keep going.
Yes, it is very stressful. I understand you so well.
They make it more stressful, because what they are dong is so unfair. It wears you out. I know very well how you feel. I've been there with Santander for 4 months.
But you do have a strong case. One thing I learnt with all this PPI saga, is that if you can prove that you could not make a successful claim, eventually you win.
For non advised sale they have to disclose all the main features, including exclusions, limitations etc. before sale is completed. Policy document is sent after sale is completed, by the post. It is not good enough, as much as they try to hide behind the policy document, we can prove them wrong, by referring to the FOS documents. It is their, company's duty to disclose the information to you before sale is completed.
Even if you did receive the policy, even if you did not read it and therefore did not cancel your policy, they still were in the breach of the regulations, because it is not possible that they disclosed the exclusion related to pre-existing health problem, it is not possible to suggest that consequently you understood that you would not be covered and after that made an informed decision to take the policy. This is an absurd, which proves that you were not told about the main features of the policy, that they failed to disclose it to you, which is the requirement for non advised sale, therefore it makes sale flawed.
Even if they reject again, your next step can be writing email to the CEO with the copy to your MP.
Good luck. You will get it at the end.
They try to discourage you in the hope you will not pursue.
Let's prove them wrong.
We are with you!
Vxx

[Chrissie59]

Re: Non advised ppi claim rejection

Thanks so much you have all been an inspiration to me! X

[Victoria27]

Re: Non advised ppi claim rejection

You are very welcome, Chrissie.
Best of luck!
Xx

[Chrissie59]

Re: Non advised ppi claim rejection

Hey all! After all this time received a letter to say that my claim will now be upheld ..waiting on a cheque for £3600! Can't thank everyone enough you have no idea how supported I felt ... Many many thanks ...just about to embark on my Rbs one now ..again refused on the non advised excuse ..this time they sent me a copy of the agreement , I had ticked a box..even though the form said "we strongly advise you to take Ppi" ! Anyway thank you again xxx

[di30]

Re: Non advised ppi claim rejection

YAY well done to you!!!! Congratulations!!!! :tinysmile_twink_t2: