Agency Relationship PPI Complaints Help

[marshallka]

Re: Agency Relationship PPI Complaints Help

Bazza, I was in a similar position some years ago and like yourself, a manager at FOS was dealing with mine and also determined no agency relationship after holding onto the complaint for so long. I just wanted to add that I have re opened another type of complaint to the underwriter for unfair terms in the PPI policy. Its ongoing at the moment and I have yet to receive my final response but if I mention the sale of the PPI they just automatically dismiss as they say "we did not sell it to you".

I am watching your thread with interest and hope you get the outcome you deserve for your efforts.

It can seem like FOS are actually helping the insurers in holding onto complaints for years and then claiming no relationship leaving little time for any consumer to take the matter through the courts because of the limitations act.

[Bazza]

Re: Agency Relationship PPI Complaints Help

Bazza, I was in a similar position some years ago and like yourself, a manager at FOS was dealing with mine and also determined no agency relationship after holding onto the complaint for so long. I just wanted to add that I have re opened another type of complaint to the underwriter for unfair terms in the PPI policy. Its ongoing at the moment and I have yet to receive my final response but if I mention the sale of the PPI they just automatically dismiss as they say "we did not sell it to you".

I am watching your thread with interest and hope you get the outcome you deserve for your efforts.

It can seem like FOS are actually helping the insurers in holding onto complaints for years and then claiming no relationship leaving little time for any consumer to take the matter through the courts because of the limitations act.

I am sure that I am not the only one but I have put so much time and effort into this case.

I just feel a little let down by FOS on this one, and totally understand that it is slightly complexed more than usual but I feel that every time I ask for relevant information, I never receive a concise response. Yet they seem to ignore my reasons and evidence and stick to what they deem has happened.

This is where I am perhaps still a little naive where the adjudicator is concerned but what are we supposed to do when they suddenly after 2+ years , send you a letter with their findings, avoiding what I had explained and provided, giving me a 6 weeks deadline to respond with further evidence before going to the ombudsman.

I then politely asked for an extension to give me time to answer some other issues raised (particularly a telecon submission in which was never submitted with SAR's) and conflicting dates on documentation that was also never previously provided, and then to get told that I have had enough time to respond accordingly !

I am at a loss now what to do for the best next. Do I continue to chase all parties for responses to my further enquiries ? Do I respond to the adjudicator explaining why I raised my further questions and how am I suppose to justify my complaint, if evidence is not forthcoming when requested and FOS just accept their replies ?

Do I request that the complaint be referred to a more senior level due to the complexity before going to the ombudsman ?

On past experience myself, I had a case (Capone) where basically the adjudicator (well 4 in total) disagreed with my complaint in which I responded with very concise details and they were never even addressed. It went to the ombudsman and within a few weeks he agreed with the adjudicator on assumptions and not what I thought was justifiable evidence.

[marshallka]

Re: Agency Relationship PPI Complaints Help

I don't know what to say Bazza but I do know that sometimes it can look like FOS are somehow on the sides of the insurers and yet it was them that suggest this avenue often so it beats me as to why? The only thing I can think of is they are gathering information from us poor mortals and using it in their own interests or should I say the interests of maybe HMRC and VAT etc. It certainly does not look like they are thinking of us in this "agency" thing as we KNOW they had relationships and yet FOS don't accept.

I just think you should go as far as you can and perhaps look at making the complaint in another way, maybe unfair terms which is what I have complained about to the underwriter. I am not saying you will necessarily get anywhere as mine is ongoing at the moment but I will not give up until I know I am in the position that I would have been in without my PPI and as yet I am not.

Have you tried to send Di's underwriter letter? I tried that one with mine but got a response saying they did not sell the policy and would not be held responsible for the sale or any liability in the sale. I have now tried another type of complaint going through the policy and stating unfair terms.

[Bazza]

Re: Agency Relationship PPI Complaints Help

I don't know what to say Bazza but I do know that sometimes it can look like FOS are somehow on the sides of the insurers and yet it was them that suggest this avenue often so it beats me as to why? The only thing I can think of is they are gathering information from us poor mortals and using it in their own interests or should I say the interests of maybe HMRC and VAT etc. It certainly does not look like they are thinking of us in this "agency" thing as we KNOW they had relationships and yet FOS don't accept.

I just think you should go as far as you can and perhaps look at making the complaint in another way, maybe unfair terms which is what I have complained about to the underwriter. I am not saying you will necessarily get anywhere as mine is ongoing at the moment but I will not give up until I know I am in the position that I would have been in without my PPI and as yet I am not.

Have you tried to send Di's underwriter letter? I tried that one with mine but got a response saying they did not sell the policy and would not be held responsible for the sale or any liability in the sale. I have now tried another type of complaint going through the policy and stating unfair terms.

Apologies for the delay in my thanks marshallka to your comments but I have been sidetracked with other complaints.

Yes I did previously approach Underwriters and received the normal rejection letter and may have to address differently like yourself.

In the meantime my complaint is still against Welcome in which is still with the FOS adjudicator, albeit with a more senior person. After submitting a quite detailed response to their original final decision, they have agreed to await passing to the ombudsman until further evidence has been provided by WFS.

I have today received a further response from Welcome (details attached) and one of the issues raised was trying to establish the agency relationship between broker and lender regarding accountability / breach of fiduciary duties etc.

I originally received commission and brokerage sheets from Welcome / Dial4ALoan Ltd as part of my Subject Access Request in which I raised with the lender.

Welcome mention in their letter that they had a business relationship with the broker and that they would also pay a commission payment for introduction of loan. Would you say that this clarifies a financial relationship between broker / lender or is the issue still that the broker was acting on our behalf and not WFS ?

Surely Welcome who were GISC regulated at the time of sale, should not have been dealing with a broker who was not ?

Thanks

Bazza

[Bazza]

Re: Agency Relationship PPI Complaints Help

Sorry would any experts on here be able to comment further thanks.

:wink1:

[Bazza]

Re: Agency Relationship PPI Complaints Help

Could any legal expert have a look at the attached and confirm that comments are correct in respect of DPA ?

Cheers