RBS say Non Advised Basis

[Charlies Angel]

In 2007 I cancelled all PPI from any credit I held as it was only then that I realised they were in fact optional

and more importantly, due to my generous employment package in a job I still hold today 20 years later,

they would not have paid out anyway.

 

I have tried to claim back the PPI attached to my RBS credit card taken I had 2002 to 2005.

 

Yesterday I received the rejection letter stating largely that it was sold on a Non Advised Basis.

 

I took it out via a postal application sent to me.

 

The PPI box had to be ticked - the wording by the box said

strongly recommended that payment protection insurance (PPI) is taken out.

 

I have been reading FOS online PPI resource

"our approach to payment protection insurance (PPI) mis-sale complaints" and it states, when talking about internet or postal applications:-

 

Although these are usually non-advised sales, as the application stated “we strongly recommend you take out this PPI”. We were satisfied from the consumer’s account of the sale that he had placed some weight on this – and so we concluded that the sale was advised.

 

Knowing how little I knew about the "why's and wherefores" back then and as it was during the application stage this would have made me think that my application was dependant on this.

Any ideas what I do next? Thanks in anticipation.

[ims21]

Hi

 

What do you mean by this bit please

 

The PPI box had to be ticked

?

 

If it were me I would be challenging the bank and quoting what fos have said on the particular case they mention.

[steampowered]

Absolutely. I struggle to see how RBS can say the PPI was sold on a non-advised basis if the box "strongly recommended" it to you.

 

As you have actually found a case on the FOS website covering exactly your situation, that should put you in a strong position. Perhaps it is worth writing back to RBS and confronting them with that - perhaps a print-out or copy-paste from the FOS website.

[Oscarsowner]

This is very similar to my position, however I have not registered a complaint yet...thanks for the info.

[allison6564]

OMG exactly same as me too!!!! I put a claim in and have had a rejection exactly the same. Just pondering over my response etc as will not let it go and will go to the FOS if I have too but will give them another chance first, Could you post up the link to case on the FOS as I couldn't find it. Bet we had the same person assessing our claims!

[Charlies Angel]

Hi will reply to you fully tomorrow but the information I found is here:-

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi-our-approach.html

 

Scroll down to case study 5

[Charlies Angel]

Hi

 

I have written a long letter, quoting the information that I have found and also reiterating my reason why I should have never taken out PPI. I've addressed it to the CEO and have told them that I expect a reply within 14 days. I have said should they further reject the claim I am already getting things in order not to delay my appeal via FOS.

 

My letter goes like this:-

 

I am not happy about the rejection of my genuine complaint and I feel the complaints section are not taking it seriously, and I would like this matter to be looked into further before making the FOS route official. Please let me know the outcome within 14 days of the date of this letter, otherwise I will be taking further action to get the matter resolved.

 

I have already made steps towards further action and I have been advised that as the application form states “strongly recommended that payment protection insurance (PPI) is taken out” FOS will take the view that it is “advised”. The actual wording FOS has used is:-

“Although these are usually non-advised sales, as the application stated “we strongly recommend you take out this PPI”. We were satisfied from the consumer’s account of the sale that he had placed some weight on this – and so we concluded that the sale was advised”.

You’re the one selling it; therefore you’re the experts, not me.

As stated on the telephone with your department earlier this week, I always believed, up until 2007 when I cancelled all PPI’s, that I held at that time, that they were not really an option and were in place to protect you the lender and not there for me. I would have believed that my application for credit would have been denied, so ticked the box, upon your recommendation and therefore to help my application. Nothing on the application states”optional” either. I would not have understood that this was very expensive; the cost associated with the Card Protection Plan is not indicated on the application. Even more importantly I would not have understood that as I had suitable cover I would have never been able to claim on it anyway; as I have stated in previous correspondence, my employer, who I remain with till this day provides a very generous benefits package. I have also given you permission to contact my employer for verification.

 

I will be posting the letter on Monday, should you think I should add anything further please let me know. Thanks for your response so far.

Edited August 10, 2013 by Charlies Angel
spelling

[steampowered]

Great letter, well done. I would just add a link to the page and a short sentence simply stating that you relied on the bank's recommendation.

[Charlies Angel]

Thanks for the advice. Fingers crossed!

[Oscarsowner]

Hi, update on my situation, I made my complaint to RBS, which was rejected, as I expected, they went along with non-adviced reason. I then forwarded my complaint to the FOS, who have found in my favour, they have given RBS until November 11th to respond.

[allison6564]

Ooo that's Fab news and gives me some hope as my complaint is with the fox too.....they down,t take long did they....I thought it would take over a year ...might have some good news too thanks for the update and keep us informed as to what happens next x

[allison6564]

When did you send it to the fox

[Oscarsowner]

I sent the complaint to the FOS 10/9/13, and heard back from them 21/10/13, very quick I'd say.

[Charlies Angel]

Hi

 

 

It's been a while but after RBS refused to back down when FOS upheld my claim back last year, FOS said it would be passed onto someone higher up in FOS (normal practice apparently).

 

 

I have been waiting and waiting, not really expecting a favourable outcome, then today had a letter off FOS saying that RBS will be in touch with an offer! So excited - please anyone who thinks its not worth the hassle it really is. Will let you know how much as soon as I know.

[Oscarsowner]

Many thanks for the update, as with your case RBS dug their heels in, I heard from FOS late Feb telling me that it was now in the hands of an Ombudsman and if I had anything further to add to let them know by March 10th. I'll keep you updated with any progress.

[Charlies Angel]

Just had a cheque (much lower than expected) they have refunded the premiums plus 8% and have not factored in the Credit Card APR at the time. Is tis right?

 

 

Thanks in advance!

[Baz1994]

Just had a cheque (much lower than expected) they have refunded the premiums plus 8% and have not factored in the Credit Card APR at the time. Is tis right?

 

 

Thanks in advance!

 

This is their normal tac-tic as I had a similar experience with the same bank. FOS up-held my complaint after their rejection and it took nearly 16 months for it to be settled. When offer recieved there was no breakdown of how they arrived at the figure or what interest was included.

 

I have now had to submit a further complaint for due to lack of explanation and further redress, it's been a nightmare to say the least.

 

I would go back to RBS and request a full breakdown of individual premiums and interest applied. Don't give up !

[SabreSheep]

The FOS will say somethign along the lines of "Redress should put you back in the position you would of been in if you had not taken out the policy"

 

Check their guidence. ANY interest CHARGED on those premiums needs to be returned too!

 

ALSO

 

A credit card?

 

Any over limit or late payment charges?

Maybe a separate complaint (and thread) for those if applicable You can claim those back plue interest in restitution if you want to try and sue them in the small claims court