First Direct and self employed

[Victoria27]

Re: First Direct and self employed

Hello again

I looked at your attached documents and, of course, there is that exclusion I mentioned before.
It is in the paragraph "Exclusions" "c".
About unemployment being normal or seasonal in your line of work.
All we need now is a clear proof that is the case in your line of work.
Definitely your NI contribution class 2 will be helpful.
May be some copies of your contracts to show that you work on the contract basis and have period without work. May be a letter from your accountant.
I am going for "overkill", most likely just an explanation about the nature of your work will be enough.

I can also see they sent standard generic rejection letter.
I think you have a good case.

I have some ideas about your next step - email to the CEO office.

I might have some ideas and possible point to make.

I'll give it some thought and will be back.
Meanehile, there is no harm to get your NI contributions ready.

Best,

Victoria

[Deano97]

Re: First Direct and self employed

Thanks Victoria
1st stop is the CEO - I will let you know how it goes

deano

[Deano97]

Re: First Direct and self employed

deano

submitted eventually to the ombudsman who found in my favor. FD have not admitted any liability
They paid up and I would recommend any one to submit to the ombudsman at their earliest opportunity as First Direct will do anything to avoid paying up.:tongue2:

[Mr G]

Re: First Direct and self employed

I too have also just had my PPI complaint rejected by First Direct. My situation is very similar to what I've read of yours above, in that I am self-employed (IT contractor) when I applied for the first direct Visa credit card in 1998 on a non-advised basis. Their 'New customer application form' also states "We recommend you take out this valuable protection..."

In their Final Response First Direct say "PPI does cover people who are self-employed" and "as such, your commenst on this point have no bearing on whether you were able to purchase the policy".
Upon receiving their final response I immediately referred my complaint to the FOS and highlighted the copy of the Visa Cardholder Repayment Protector Policy Document and highlighted clause (8.c) ‘CLAIMS’ that states;

“If you are self-employed and making an unemployment claim, you must also provide evidence that:

• The unemployment is not normal or seasonal in your line of work.”

I can confirm that at the time and ever since 1998 I have been self-employed as an IT Contractor, I would not have been able to provide any evidence that would have met the conditions in the policy that would have enabled me to make a successful claim, as in my line of work (IT Consultancy) unemployment is normal, as contracts end with one client and begin when I have found work with another client.

Consequently, I have been unemployed for varying periods of between a week and a year, upon the completion of one contract, until I start another, for over 20 years now. In fact, I am currently unemployed, having completed my last contract in March 2017 and I am still unable to find work despite searching for a contract for over 7 months now. I even stated this in my correspondence with First Direct. Therefore, the only evidence I do have in my line of work points to the fact that unemployment is indeed normal and therefore I would be unable to make a successful claim.

Your case above looks exactly the same, so I'm hoping the points above that focus on (8.c) are enough for the FOS to rule in my favour also.

It might help me if I could quote your case ref to the FOS as a precedent if you're agreeable? I'm hoping given the sheer volume of complaints handled by the FOS involving FD that they would be able to identify similar precedents. But if not, is there any way that you would be willing and able to share your ref with me privately via this forum so I could provide to the FOS?

This bank has been a nightmare to deal with as their initial tactic was to try and redefine the FCA rules governing when the eight weeks period starts, by saying that it doesnt start until they get all the information from to enable them to begin an investigation. I very quickly referred them to 'DISP 1.6 Complaints time limit rules’ in the FCA handbook. Unbeleivably the person I spoke to told me "that is incorrect" and that their policy was right.

Regards

G

[Debt Camel]

Re: First Direct and self employed

It might help me if I could quote your case ref to the FOS as a precedent if you're agreeable? I'm hoping given the sheer volume of complaints handled by the FOS involving FD that they would be able to identify similar precedents. But if not, is there any way that you would be willing and able to share your ref with me privately via this forum so I could provide to the FOS?

The FOS does not operate any form of precedent system in its complaint handling. Referring to another person's case will not help you.

Therefore, the only evidence I do have in my line of work points to the fact that unemployment is indeed normal and therefore I would be unable to make a successful claim.

Have you ever made a claim?