Mortgage PPI from 2004

[PlanB]

Re: Mortgage PPI from 2004

The bit I read at the beginning of your thread which annoyed me was the fact your insurance cover ceased in 2009 (it was only a five year policy) yet you are still presumably paying interest on the premium since it forms part of the overall loan which was to run for a further 12 years.

I would like to see the FOS negotiate for that interest on the insurance premium element to be stopped as a compromise (in the very least).

I can dream

Plan B x

[Stressedoutmum]

Re: Mortgage PPI from 2004

I want people to read this

This is great!!

[Never-In-Doubt]

Re: Mortgage PPI from 2004

Yes the FOS have acknowledged that this is pre-regulation. The company who sold the policy no longer trades so the focus of the FOS is trying to find out if they can hold Assurant responsible for the sale and this is where the whole ‘agent’thing seems to be key. Assurant saying they are not an agent seems to be a technical way to get out of this. My point is I believe CMC were acting for Assurant, despite what they say, as we set out to arrange a Mortgage, and ended up with the mortgage AND this policy. We were not told about a range of policies either, just this one that was pushed by the broker.I am prepared that this might not have the outcome I am hoping for, but for a policy that was over £4K I am willing to take it as far as I possibly can.

Ok, so who was the insurer - have you considered going down that route ie the actual firm that would need to pay out upon claim? Who was that?

Won't the missing info be on your mortgage paperwork?





*** I keep editing your posts to fix the font settings - try not to change font all the time as it is very hard to read.

[Stressedoutmum]

Re: Mortgage PPI from 2004

Just read this, prior to past replies - this was pre-regulation wasn't it? Hence you really have no recourse to either complain or to go to the FOS - is this why it was rejected originally?

Single premium MPPI has always been frowned upon as it should have been a monthly premium MPPI (monthly DD - not front-loaded). Similarly, if you paid any 'Lifetime' fee then you can claim this back and the FOS should not refuse your complaint, if you did have a 'Lifetime' Fee attached.

I would still go ahead and try complaining as you are - never say never and all that but bear in mind you are pre-regulation so i'm not sure that they *can* find for you unless there are other technicalities that might make the whole sale (inc mortgage) unlawful......

The FOS do make good decisions at times - see this from pre-regulation - it gives hope to fight on

--> http://financial-ombudsman.org.uk/pu...decision-C.pdf

Yes the FOS have acknowledged that this is pre-regulation. The company who sold the policy no longer trades so the focus of the FOS is trying to find out if they can hold Assurant responsible for the sale and this is where the whole ‘agent’thing seems to be key. Assurant saying they are not an agent seems to be a technical way to get out of this. My point is I believe CMC were acting for Assurant, despite what they say, as we set out to arrange a Mortgage, and ended up with the mortgage AND this policy. We were not told about a range of policies either, just this one that was pushed by the broker.I am prepared that this might not have the outcome I am hoping for, but for a policy that was over £4K I am willing to take it as far as I possibly can.

[Never-In-Doubt]

Re: Mortgage PPI from 2004

The FOS do make good decisions at times - see this from pre-regulation - it gives hope to fight on

--> http://financial-ombudsman.org.uk/pu...decision-C.pdf

This sale was made before the introduction of FSA regulation of insurance mediation, but
during the period of self-regulation under the General Insurance Standards Council (GISC).
The firm was a member of GISC at the relevant time. But in any event, I consider the
provisions of the GISC code to provide a helpful guide to good industry practice at the time.
Whilst the general principles that I need to consider in assessing cases such as this are in
large part similar, both before and after regulation by the FSA and the GISC, it is important
to note the relevant regulatory regime that applied at the time.

I want people to read this

[Never-In-Doubt]

Re: Mortgage PPI from 2004

Anyway, the mortgage was arranged by a broker (Capital Mortgage Connections) however they ceased trading, so I tried my luck with the FSCS however as the broker were not regulated at the time as it was pre 2005 they could not help.

I just want to make sure that I really have come to the end of the line with this, is there anything else I could try??? The policy was called D & D Homecare Ltd Mortgage Payment Protection Scheme and was administered by Adminacle Ltd.

Thanks in advance!

Just read this, prior to past replies - this was pre-regulation wasn't it? Hence you really have no recourse to either complain or to go to the FOS - is this why it was rejected originally?

Single premium MPPI has always been frowned upon as it should have been a monthly premium MPPI (monthly DD - not front-loaded). Similarly, if you paid any 'Lifetime' fee then you can claim this back and the FOS should not refuse your complaint, if you did have a 'Lifetime' Fee attached.

I would still go ahead and try complaining as you are - never say never and all that but bear in mind you are pre-regulation so i'm not sure that they *can* find for you unless there are other technicalities that might make the whole sale (inc mortgage) unlawful......

The FOS do make good decisions at times - see this from pre-regulation - it gives hope to fight on

--> http://financial-ombudsman.org.uk/pu...decision-C.pdf

[Stressedoutmum]

Re: Mortgage PPI from 2004

Is it this firm?

--> https://www.assurantsolutions.com/in...2c-dfs-t3.html

Yes that's them!

[Never-In-Doubt]

Re: Mortgage PPI from 2004

Is it this firm?

--> https://www.assurantsolutions.com/in...2c-dfs-t3.html

[Stressedoutmum]

Re: More urgent SAR advice please

You've already been a great help Niddy! Thanks!

[Never-In-Doubt]

Re: More urgent SAR advice please

Thanks I'll do that. I might pm her incase she's not on for a while.

She's not been very well - if you're stuck let me know and I will help you out if I can

[Stressedoutmum]

Re: Mortgage PPI from 2004

Thanks Niddy, that’s brilliant! I’ll get those sent off asap.

Once again thanks to you all, I love this forum, god knows I’d never have gotten this far without you all as I’d have probably given up at the first hurdle!

[Stressedoutmum]

Re: Mortgage PPI from 2004

Hi stressedoutmum,
I've merged your three threads regarding this claim and the SAR, so we have all the background info. You just need to post in here now

Elsa x

Thank you!!

[Never-In-Doubt]

Re: More urgent SAR advice please

Another question I would have in light of what you have said Niddy, is am I allowed to see what info Assurant have provided to the FOS? I still feel like I have been fobbed off and I felt the FOS’s response (after 2 years of having my complaint) was very sparse. It was a 2 page letter, but their actual reason for not upholding my complaint comprised of 3 small paragraphs that took up a fifth ofthe actual letter itself. They have said Assurant ‘confirmed’ that Capital Mortgage Connections did not act as their agent and that they’ve seen no evidence to contradict that. They then go on to say they’ve checked if there was any DIRECT connection between the 2 companies but ‘from what we’ve seen it doesn’t look like the case'. I’d like to know how Assurant CONFIRMED this, what the FOS have SEEN and wonder what would be construed as a DIRECT connection?This all bothers me a lot as I have not seen the evidence that Assurant have provided, how do I know a exists and that it's not just their word. I have a policy document where Assurant confirm my policy was set up by Capital Mortgage Connections.

Thank sagain, I appreciate all of your input greatly!

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Hiya

Ok thanks for added info - the ICO have changed their rules slightly and now it appears that a firm can ask for ID and unless you provide it then they do not have to comply with the SAR so if I was you, I would write back with a follow up, as advised by ICO, requesting they deal with your request.

Something like this - and allow another 14 days. Once you have sent this, you need to scan and email a copy to the adjudicator and ask them to sit tight whilst you obtain the information requested. They will wait, it'll be fine.

Dear Sirs,

Non response to a subject access request

I am writing further to my letter of [date] in which I made a subject access request, because I have not received any response from your organisation. As the statutory time limit for responding to my subject access request (40 days) has now expired, I would be grateful if you could provide a response as soon as possible.

In your last reply, dated [date] you implied that you wanted photographic evidence which I refused to supply, in my response dated [date]. I am happy to answer account specific security questions and provide all personal details that you would hold, such as full name, address and date of birth. I do not feel that requesting photographic evidence is acceptable because you never had anything with my photo to begin with so my photo would be totally irrelevant to you and would not actually achieve or prove anything. The only details you should have of me is the personal account details as already provided.

If I do not receive a response from your organisation within 14 days, I will report this matter to the Information Commissioner’s Office (ICO)

You can find advice on the ICO’s website on how to deal with a subject access request [ico.org.uk/sar] and information on their powers and the action they can take [ico.org.uk/action] or call them on 0303 123 1113.

If there is anything you would like to discuss, please contact me on the following telephone number [enter phone number].

Yours faithfully


Sign Normally

Regards the FOS, are you dealing with them via email or letter? It's best to deal via email and assuming you are, send the adjudicator a response like this:

Dear Sirs,

Ref: xxxxxxxx

I write further to previous correspondence in relation to my complaint against [enter name of firm here]. I have today sent the firm a reminder having discussed this case with the ICO and a copy of my letter to them is attached. It seems the firm are asking for photographic evidence which I am not prepared to supply, because it would not assist with any verification processes required based on them never having seen photographic evidence in the past.

As you can see, I am really struggling with this firm and the fact they seem to be ignoring me is tantamount to guilt - can you please contact your contact at [enter firm name] and request that they comply with my lawful s.7 SAR Request?

In the meantime, and whilst I allow the firm an additional 14 days to provide the information, can you please diary this complaint and I will keep you updated with any progress and send any copies of communication between the firm and myself, and myself and the ICO which will obviously be my next step in 14 days if the firm have not responded to my request.

Kind regards


Your Name

================================================== =======================

***** ONLY USE THIS ONCE YOU HAVE COMPLETED THE STEPS ABOVE *****

If the creditor has refused to comply with SAR in an additional +14 days then you need to complain to the ICO and once they email back confirming that they're investigating, then you forward that to the adjudicator at the FOS who is dealing with the complaint and ask them to sit tight whilst you await the ICO decision.

Info --> https://ico.org.uk/for-the-public/personal-information/

Here is the ICO Complaint form --> Access Complaint Form

** https://ico.org.uk/media/report-a-co...ation-form.pdf

Once completed send it here --> casework@ico.org.uk and copy in the FOS adjudicator.

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[Undercover Elsa]

Re: Mortgage PPI from 2004

Hi stressedoutmum,
I've merged your three threads regarding this claim and the SAR, so we have all the background info. You just need to post in here now

Elsa x

[Stressedoutmum]

Re: More urgent SAR advice please

I've asked someone to merge this thread onto the end of your original one for the sake of continuity too. Let's keep it all in the same place.

Having glanced at your other thread it seems the FOS are making their decision based on what information the lender has sent them which is not necessarily the same thing as everything they have on record.

There may have been some selective editing going on there

Thanks!

Plan B x

Thanks!


Yes this is my concern, not that I don’t trust Assurant or anything!! Lol They didn’t exactly fill me with confidence when they ‘dealt’ with my original complaint. I use the word ‘investigate’ loosely as I don’t think they actually looked into it at all. Basically nothing to do with them they said! This is the thing that bothers me most, I understand they didn’t SELL me the policy, but they checked it, took my money and underwrote it, so as far as I’m concerned they are complicit and it’s not over til it’s over! Haha!!