MandM v Goldfish/Lloyds TSB

[MandM]

Hi all,

 

Before I start posting up too much on this, can anyone confirm if I can look at reclaiming PPI even though the loan is now paid off??

Thanks,

 

M

[Jan4a]

Yes, pretty sure you can still claim it back. You got account nos?

[MandM]

Just got hold of it. Was a mission!! Had to SAR Barclays in order to get old statements to find out where it was paid to.

 

Now have the account number, loan was paid off Nov 07.

[Jan4a]

As far as I know you can claim it back but AA will probably come on and confirm later. He might know more about Goldfish/Lloyds. My claim was with a different bank.

 

You got a reclaim letter? If not I can post one which is a good starting point. It has AA's para's in it but no figures. Just see what bank comes back with. Should be premiums paid (which should also include contractual interest paid) plus 8%.

 

 

Jan

[MandM]

As far as I know you can claim it back but AA will probably come on and confirm later. He might know more about Goldfish/Lloyds. My claim was with a different bank.

 

You got a reclaim letter? If not I can post one which is a good starting point. It has AA's para's in it but no figures. Just see what bank comes back with. Should be premiums paid (which should also include contractual interest paid) plus 8%.

 

 

Jan

 

Yes please .

 

And thank you Jan

 

M

[Jan4a]

Here you go then:

 

 

Dear Sir/Madam

Re: Account / Policy number: 123456789

I have been looking at my agreement with you, reference above and have noted that I purchased Payment Protection Insurance from you.

I am now of the belief that I was mis-sold this policy for the following reasons:

 

 

1. Employment Status: Due to being self employed when I took out the policy.

 

 

2. Responsibilities When Underwriting a Policy of Insurance: On each occasion, when the details of a loan were discussed your sales advisors failed to check my personal circumstances at the time of the sale, which they are under obligation to do when underwriting a Policy of Insurance. If they had done so, they would have realised that the PPI policies were useless to me. At no time was any attempt made to ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it was required at all.

 

 

3. Alternative Insurance Cover: Your sales advisors in each case failed to ask me if I had any alternative arrangements for insurance cover. My employer has a generous illness package which would cover a period of sickness as follows: 6 months full pay followed by 6 months half pay. I would also be entitled to a generous redundancy package and a substantial payment would be made in the event of my death in service (more than suffice to clear the balance of the loan).

 

 

4. Failure to Supply Important Information with Regard to Significant Policy Exclusions: I was most definitely not informed that the PPI policies could contain certain exclusions which could affect me and my ability to claim on the policies if I should need to. Additionally I was never told that Pre Existing Medical Conditions could invalidate my policy and I was never asked if I had any Pre Existing Medical Conditions despite your advisors being aware I was in receipt of a War Disablement Pension. One element of this pension includes back injury which I know is an exclusion in PPI Policies. I also believe that I would also be excluded on at least one other existing condition.

 

 

5. Widespread PPI Mis-Selling:I am now aware of the widespread mis-selling of PPI by some financial institutions, following recent media coverage and recent OFT, FSA and Competition Commission investigations and inquiries regarding the mis-selling of PPI. I believe this is borne out by Point 3 above. I am also aware that the question of PPI cover is the subject of an ongoing inquiry by the Competition Commissioner

 

 

6. Wholly Inappropriate PPI Selling - Employee Bonuses: I understand that some employees are paid higher bonuses if they get prospective creditors to take out PPI with loans. How can the best interests of the customer possibly be met, if there is a clear conflict of interest between your responsibilities to me, and the drive of your employees to sell Payment Protection Insurance whether it is suitable or not in order to receive bonuses?

 

 

7. True Nature of Single Premium PPI Not Explained: No explanation was forthcoming from any advisor on any occasion on the full extent of single premium PPI policies or the fact that they would offer little or no refund if the loan was settled early or if the insurance was cancelled. The statements you have forwarded on accounts xxx and xxx, show no element of any refund of PPI or PPI interest when the accounts were refinanced or settled. There was also no explanation that the cost of the PPI premium would be added to the total cost of credit and interest added for the full term of the agreement. I believe this practice is unlawful.

 

 

8. Unfair attachment of PPI with no competition involvement: I now believe that the single premium PPI policies attached to the loan accounts were both extremely unfair and totally unreasonable and offered me very little, if any protection value whatsoever. Furthermore I believe in light of the preliminary finding by the Competition Commission that the PPI was unfairly attached as there was no opportunity for me to seek competitive Insurance. I am therefore requesting a full refund of all costs including all single PPI premiums that have been paid, the interest added to these premiums and the PPI proportion of the direct debit payments, that I have paid over the life of the account agreement.

What I expect from you is justification that the policy was suitable for me based on my circumstances and an explanation as to how your suitability criteria works. If you cannot justify this to my satisfaction I request a full refund of all premiums paid to date as well as interest on these payments.

 

 

Furthermore as I believe I have been unlawfully deprived of this money, I also expect the repayment of the interest at the Statutory Interest rate of 8% to be applied to of each of the single premiums and the PPI proportion of the direct debit payments.

 

In respect of cancellation of a policy may I draw your attention to the following reports from the FSA, namely, 'The sale of payment protection insurance - results of thematic work, November 2005' & 'The Sale of Payment Protection Insurance - results of follow-up thematic work, October 2006'' that state "When consumers cancel the PPI without repaying the loan, some firms will need to reissue the loan without the PPI. Firms should ensure they treat their customers fairly in relation to the terms on which they reissue the loan.". This means that any new loan is on the same or better terms and does not detriment me in any way and that this is to be done without making a new search on my credit file.

I expect a swift response to this letter within 14 days, containing either your full justification or notice that you will be refunding these payments.

If I do not receive a satisfactory response I will issue another letter notifying you of my intention to take further action if the matter is not resolved within a further 14 days. After this limit has passed I will be either contacting the Financial Ombudsman to investigate my complaint or issuing court proceedings.

Yours faithfully