Non advised ppi claim rejection

[Chrissie59]

Hi I am looking for some advice regarding a recent credit card ppi complaint against Bank of Scotland. The complaint was not upheld because it was a non contact sale and I would have been provided with documents to allow me to make an informed decision about the policy. Personally I have no real recollection of this being the case I was convinced that I had spoken to someone and the main bass of my complaint was that ..the policy would not have been suitable for me because of longstanding health problems and my employment status ie nurse with NHS ..I don't think this is a final decision letter and I have been invited to provide further information ..could anyone please advise me what my next step should be ? I really don't want to give up on this .. Thanks in advance .

[dogtired]

Re: Non advised ppi claim rejection

Hopefully one of the "experts" will be along to help.

[pressandgo]

Re: Non advised ppi claim rejection

How did you request a ppi refund? A few more details would help.

[Victoria27]

Re: Non advised ppi claim rejection

Hello Chrissie, Pressandgo is absolutely correct. Could you, please provide a bit more details about your request of the PPI.
once we have that information we'll try to find the way to challenge their decision.
thank you.
best,
V

[L'pool64]

Re: Non advised ppi claim rejection

Hi Chrissie,

the he first thing is not to be downhearted. This is only the first skirmish and with the help of everyone here, all being well you will win the battle. I see that Victoria has already been in touch. You will get no better help that that from Di and Victoria. If you have a free minute, please look at the Santander thread. There is a magnificent amount of absolutely first class information, both technical and practical from Victoria and Di. If you went onto the High St, you couldn't pay for that quality of advice. So hang on in there.

just a couple of things, although these will be re enforced by Victoria, when you come back with more details.... Don't be fooled by this "non advice" stance. The regulators have very clearly stated that when customers buy a product then they must have enough information, at the point of sale, to enable them to make an informed decision. You clearly hadn't.

secondly, if you had a pre existing health condition, is it one that would have made your cover invalid? Maybe a letter from your Doctor would help there. Also, while I don't know the exact terms of the NHS scheme, I believe that it may be 6 months full pay and 6 months half pay? Evidence of this can also aid your case.

Finally, finally, Di will always advise you to write to the CEO of the company. After the initial rejection I have always done this. (Without Di's advice I would never have thought about this). The regulators have said that "the company must be given every chance to deal with your complaint".........you cannot go much higher than the CEO.

I leave you in the very capable hands of my good friends and hope that this helps.

:beagle:

[Victoria27]

Re: Non advised ppi claim rejection

Thank you very much for your excellent and so helpful post, my dear L'pool. The letter from the doctor is a very good idea.
once we have a bit more information, I am sure with our join forces we'll make the company behave and will help Chrissie to win her battle, which should not have happened in the first place.
L'pool - you are a source for inspiration for us all.
lol
Vxxx

[di30]

Re: Non advised ppi claim rejection

Hi and welcome

I am so happy to hear you say you don't want to give in! :tinysmile_twink_t2:

Right okay, so they have sent you a letter of rejection, but are giving you the opportunity to now go to the FOS or they are open to review your complaint if you send in further information.

Now the fact that you have/had health problems they MUST take that into account, because you would not be able to make a successful claim for those reasons, so in this case the policy is worthless to you.

Now you need to ask them to review and tell them you are most disappointed with the outcome of your complaint, as you don't feel they have considered that your medical reasons would not have allowed you to make a successful claim if needs to be.

Another thing as well working for the NHS you are covered, I know because once upon a time i also worked for the NHS nursing, so if you have any info or paperwork from when you worked with the NHS do send them a copy, if not you can apply for a FREE request from the HMRC, similar to a Subject Access Request (SAR) but you pay nothing, I shall find the details and post up for you on another post.

The info you have back from HM should include details of all your employers, now ours went all the way back to the 80's.

Then of course as our amazing friends above also said to include your letter/email to the Chief Executive officer (CEO) and another suggestion as well, if try fobbng you off again, as our Victoria suggests to us, to contact your local MP who will often write to them on your behalf.

Excellent advice as above too x

[di30]

Re: Non advised ppi claim rejection

..As promised on my above post just posted, here is the link to the HMRC of DATA protection and what they hold and another link to the request online x

http://www.hmrc.gov.uk/leaflets/dp-fs1.htm

http://www.hmrc.gov.uk/about/foi.htm

You tick for the info you need, all if you want to lol x

https://online.hmrc.gov.uk/shortforms/form/DPU_SAR

[Victoria27]

Re: Non advised ppi claim rejection

Our lovely Di gave an excellent advice, as always! Thank you, Di!
to prove that Chrissie is not eligible should not be difficult. On its on it should be enough.
additionally, the fact that Chrissie works for NHS is a very strong point.
their usual rubbish about the documents "would have been sent" etc. is what we can challenge, referring to the FCA guidelines.
once they left the door opened for any new formation, those facts about health issue/ineligible and NHS worker, would be a new information.
If it does not work, then the email to the CEO with the copy to MP.
fingers crossed.
if Chrissie needs to refer to the FCA guidelines, the links are on our Santander thread and I am here to help anyway.
Vxxx

[Chrissie59]

Re: Non advised ppi claim rejection

Wow I am overwhelmed by all your responses ..thank you very much..here are further details as requested .the credit card account was opened in 1997 I was sure the PPI was sold to me over the phone but as you know BOS are disputing this. I made the complaint using the standard questionnaire after a phone call to BOS The main body of my complaint was I had an existing health problem ( unstable high blood pressure) I was also employed(still am) by NHS which meant I would have been paid for 12 months ( 6 months full then 6 months half pay) I stated in the complaint that I felt it was not suitable for my needs as I would have been unable to claim for these reasons..2 weeks ago I received a telephone call from BOS asking to clarify some details about my complaint ..again I confirmed that the policy would never have been suitable for my needs I also mentioned that during the time I had the policy I had 2 lengthy periods ..both of 6 months and I would not have been covered as it was a stress related illness . I received my response a few days ago basically saying .when I took the policy out I was considered eligible .regarding the exclusions and limitations they say ..as I bought the policy on a non contact basis they feel it was sufficiently clear to me to make an informed choice, they do not believe that any additional explanation would have changed my decision. With regard to my complaint about pre existing health problems they say that the information they hold about me at that time showed I did not have any pre existing health problems ..my response is that cannot be possible how would they have that information ? Especially when it is not the case! Finally the results of their findings are as follows .." I can see that you bought your policy on a non contact basis this means during the sale we only provided you with information and not adviceWhen considering the documentation available I believe you were supplied with sufficient information to ensure that the policy met your needs.therefore I cannot agree that the information and disclosure given was unsuitable. They have said I can contact them within 28 days if I feel they have misunderstood etc ...any guidance regarding this would be very much appreciated as I am certain this was misold to me ..many thanks chrissie

[di30]

Re: Non advised ppi claim rejection

Your very welcome Chrissie

Do you have the actual letter that maybe you could attach (by taking out your personal details)? From the business.

If you have the facilities to do this but no worries otherwise x

[Chrissie59]

Re: Non advised ppi claim rejection

Hi Di ..I'm afraid I don't have a scanner to copy th letter..will mayb e try a friend t omorow ok thank you chrissie

[di30]

Re: Non advised ppi claim rejection

Hiya.

No worries if you cannot.

We can try to work on the letter they sent you, as it seems they have missed out on important points here.
I am now wondering if this business is also using standard - generic fob off rejection letters, like some other businesses seem to be doing.

We can work on this x

[Chrissie59]

Re: Non advised ppi claim rejection

Thanks so much x

[Victoria27]

Re: Non advised ppi claim rejection

Hi again, Chrissie and thank you for your post.
Of course it was mis-sold, no doubt about it.
i believe you can provide them with
1)the letter proving your medical condition;
2)and also to provide the proof of your work.


please do not accept what they said to you. For non advised sale they had to disclose the main features, exclusions, limitations, cost etc. BEFORE sale was completed, not after.


I refer to the FOS:
"what do financial businesses have to do in relation to pre-existing medical condition exclusions?


In the cases we see, we would expect a financial business that sold a policy with restricted cover for pre-existing medical conditions to have pointed this out to the consumer. This is because the restricted cover was a significant feature of the policy, and it might have affected the consumer's decision whether to take it out.


In cases involving non-advised sales, we would expect a financial business to have pointed the exclusion out to the consumer. The same applies in cases involving advised sales - but we would also expect the business to have checked that the policy was suitable for the consumer's needs.


were exclusions pointed out to a consumer during the sales process?


We look at the evidence to establish:


whether the financial business did enough to make the consumer aware that pre-existing medical conditions were excluded. We look at the relevant policy documentation to see whether it set out the exclusion with "sufficient prominence" - as well as recordings of phone conversations and sales scripts; and
whether, if this had been pointed out to the consumer, this would have affected their decision to take out the policy.
Where a business did not point out exclusions that were relevant to a consumer before they took out a policy, we usually find that a policy was mis-sold. We take the view that it was not enough to simply have reminded the consumer to read the policy."


I hope it can be helpful. There is a specific reference to non advised sales.


also from the FCA:




"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
(6) (7)
(8)
(9)
(10) (11)
(12)
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...."


if the information was given to you, it makes it impossible to suggest that you would have made an informed decision to take the policy which:
1) would not have covered you;
2) was unnecessary for you.


those are a few points to consider for a start.


Lol
Vxxx