Mortgage PPI from 2004

[Stressedoutmum]

Re: Mortgage PPI from 2004

Hi hun

Do you know who the actual insurer/underwriter were?

Yes do contact the FOS about this first, to make sure we know the next step from this one.
Maybe they will suggest the insurer, where the business who set up and sold you the mortgage can give you details (as your right to this) of who they were x

Hi di30!

Yes the underwriters are Assurant, who dismissed my complaint saying that the broker wasn't working on their behalf, but surely the broker must have been getting something for selling us the policy, especially as it was the mortgage he was arranging for us, the insurance was an added extra!

I explained all this in my letter to the Ombudsman and enclosed copies of all correspondence, but they've not mentioned anything at all about that in their reply to me, and have advised me to go down the route that I have previously gone, which makes me think they've looked at the date the insurance was sold and just said oh we can't deal with that and not looked at the fact that I've already done what they are suggesting!

Have to admit I'm finding the whole thing very confusing, and if the broker wasn't working on behalf of Assurant, who was he working for? Someone must have been giving him an incentive to sell their policies or is that not how it works?

[di30]

Re: Mortgage PPI from 2004

Hi there!!

Hoping for some advice (from di30 in particular) re this case again.

I've had a reply from the Ombudsman about this, rather quick since I have had another case ongoing for much longer.

They have advised they cannot consider my complaint against the business that sold me the PPI as it was sold prior to 14 January 2005.

The next paragraph is headed 'what you can do now' and says that 'there are some circumstances where they are able to consider complaints where policies were sold before this date - for example where a bank or building society was responsible for the sale. If you think the business selling your policy could have been acting on behalf of another business, you could try getting in touch with that other business about your complaint.

If you are not happy with the response you receive, you can contact us again and we will look into whether we can help'

I'm now not sure what to do, as I have complained to the other business (not the building society that I had the mortgage with though) and they did not uphold the complaint which is why I was writing to the Ombudsman. There is no acknowledgement of my complaint to the other business or mention of it at all in the Ombudsman's response, which makes me think this is a standard reply and they haven't really investigated it all? Should I be going back to them for clarification on this?

Thanks in advance!

Hi hun

Do you know who the actual insurer/underwriter were?

Yes do contact the FOS about this first, to make sure we know the next step from this one.
Maybe they will suggest the insurer, where the business who set up and sold you the mortgage can give you details (as your right to this) of who they were x

[Stressedoutmum]

Re: Mortgage PPI from 2004

Hi there!!

Hoping for some advice (from di30 in particular) re this case again.

I've had a reply from the Ombudsman about this, rather quick since I have had another case ongoing for much longer.

They have advised they cannot consider my complaint against the business that sold me the PPI as it was sold prior to 14 January 2005.

The next paragraph is headed 'what you can do now' and says that 'there are some circumstances where they are able to consider complaints where policies were sold before this date - for example where a bank or building society was responsible for the sale. If you think the business selling your policy could have been acting on behalf of another business, you could try getting in touch with that other business about your complaint.

If you are not happy with the response you receive, you can contact us again and we will look into whether we can help'

I'm now not sure what to do, as I have complained to the other business (not the building society that I had the mortgage with though) and they did not uphold the complaint which is why I was writing to the Ombudsman. There is no acknowledgement of my complaint to the other business or mention of it at all in the Ombudsman's response, which makes me think this is a standard reply and they haven't really investigated it all? Should I be going back to them for clarification on this?

Thanks in advance!

[Stressedoutmum]

Re: Mortgage PPI from 2004

Oh that sounds good about the FOS actually seeming eager to help you. I hope they have that sort of attitude to mine! I had only just started a claim with Ombudsman for PPI for a LTSB CC when I first found this site at the end of last year, and it took them until 18th March to write to me with my complaint ref number and that they will aim to have an outcome within 12 months!! I'm not holding my breath on that!! LOL

[ken100464]

Re: Mortgage PPI from 2004

Yea.

I try and work on the premise I didnt know. Yep its ours but if the scandal hadnt happened we would be none the wiser.

So a win, partial win or a bag of crisps and a beer is something I wudnt have had.

Like I said there is evidence some underwriters have cracked.

In respect of my JJB claim FOS have nearly bit my hand off to get it started as opposed to the very slow oh ok we got another PPI claim response to other PPI claims.

They were even trying to guide me almost like firing the bullets. Then badgering me to get the final response.

That said probably go into the gummed up FOS and not be seen for 3 years.

But least we trying eh?

[Stressedoutmum]

Re: Mortgage PPI from 2004

Thanks Ken, you are right, if the scandal hadn't hit I'd be none the wiser!

I just can't get over how they are trying to make out that it had nothing to do with them. Of course the wee broker was just pushing for us to take out this insurance and arranging it out of the goodness of his heart, with nothing in it for himself or Capital Mortgage Connections, and as for my £4000, I wonder where that went???? All I know is that I am STILL paying for it and will continue to do so for the next 10 years which is how long I have left on the mortgage. It's sickening, but you are right, even if I don't get back what is rightfully mine (and I hope I do) hopefully these underwriters will be put under enough pressure to take responsibilty for their part in this rip off so that others will be compensated in future!! Fingers crossed!!! Unfortunately everything has been against us from the start with this claim, with CMC no longer trading plus the date we took it out was only 6 months prior to Jan 2005, so couldn't go down the FSCS route either.

Still, it's not over til it's over, so will get onto the Ombudsman next and see what happens.

[ken100464]

Re: Mortgage PPI from 2004

Cheer up think of it this way.

Until the scandal hit you were unaware of this. If you pop it off to FOS and one day Assurant have to cough it will be happy days. Just not happy day today or tomorrow.

When I started we had a Debenhams card we started chasing. Was disheartened to see the long dismal threads going on how Santy were being right barstewards. Some were 3 years old. Didnt fill us with hope

Our claim didnt even start as our SAR revealed a big flaw in our claim. We didnt have PPI But was fun baiting Santy in the meatime and Ana Botty CEO was lovely. Think I have too much time on my hands reading that again.

But now the underwriters on that lot have under pressure cracked and payouts are happening.

I have a claim in against a JJB sportscard. Same as you they are saying wasnt us. Indeed everyone is saying wasnt us. Fact is someone somewhere has had money from us. Money that was extracted fraudulently.

Now I dont care if it was the spotty JJB sales rep who put the tick on our application form, I dont care if the creditcard company didnt check that OH was eligible I dont really care that the robbing thieving barstewards JJB dont exist.

What I do care is the insurance company who insured OH on a policy that was fraudulently initiated and was of no use to her has had her money. Because they didnt just insure OH for free and the spotty JJB salesperson trouser all the cash. Indeed they paid the spotty JJB sales person an incentive to put that tick on our application form.

Ours is with FOS and yes may take some time but least its there. If you fail and get nothing you havnt lost anything because you didnt know to claim till recently. If you win happy days.

So forget what they saying its typical of the response of arrogant bankers. And they wonder why we hate them so. Just carry on regardless. You never know.

[Stressedoutmum]

Re: Mortgage PPI from 2004

So I wrote to the CEO of Assurant and have now received a response from someone on his behalf. Pretty much they are sticking to their guns, that Capital Mortgage Connections sold me the policy and that Assurant had no responsibility for the sale OR for making sure that it was suitable for me. Now I don't have much knowledge in this area, but the little that I have read, I accept that the sale was down to the broker, but I assume that the cost and my suitablity for the policy would have been decided by the underwriter? Therefore, surely there had to have been some sort of communication between broker and Insurer at the time? It is just annoying to think I could have been sold a policy that in fact was not suitable for me, and what would happen when I go to make a claim for example?


Anyway, I think I will now take my case to the Ombudsman now, though must admit I am feeling a bit disheartened by the replies I have received from Assurant, I doubt they've done any investigating of my case at all, and they seem very blase as if they know that my complaint won't be upheld by the FOS, or maybe I am just reading too much into that.

[Stressedoutmum]

Re: Mortgage PPI from 2004

Hi Di! Thanks for replying!!

I am more than happy to try contacting the CEO first, I want to do this right and go the whole way.

I think what is making me so angry is the way they keep saying that Capital Mortgage Connections were independant and not acting on behalf of Assurant!! That's all well and good, but they happily took my £4k, and now act like it was nothing to do with them!!

I will get onto this asap and keep you posted!

Thanks again for your help and suggestions!!

[di30]

Re: Mortgage PPI from 2004

Have received a response from Assurant this morning. A very curt response, advising they were sorry I wasn't happy with their original reply but that their position hasn't changed and they refer me to their previous letter. They then go on to pretty much regurgitate what they said in their original letter, this time advising that it was the sellers sole responsibilty to make sure the policy was suitable.

I am actually pretty p****d off with their reply, as it's very clear to me that they haven't even given my complaint the time of day, or the fact that I am paying for a worthless policy!!! It seems they have completely washed their hands of me without even looking into it!

So, can I now go to the FOS, would that be my next step?

Thanks!

Hi hun

So sorry to hear this!
It looks like they could not be bothered to actually look into it in full detail.

You are in your right to complain to the FOS now, but have you thought about bringing this to the Chief Executive Officer's (CEO)'s attention first, by giving them say 14 days or so, then if you hear nothing or if they still don't overturn the decision then move on to the FOS.

You could email/write to the CEO and tell them that you feel the complaints section have not at all taken into account your letter with your details you sent previously, and you feel this is poor customer service.
Enclose a copy of the previous letter and also state that the FOS will have suggested this avenue, as there are relationships with all involved.
Tell them you are very disappointed, as you feel you have been deprived of your money - on paying for something that was totally worthless to you. The underwriters had a responsibility to ensure what was sold by the broker, to ensure the policy was suitable for the customer before the application went ahead, but it now appears that you were provided with poor customer service from what it seems all departments involved with your application.

It's up to you, sometimes it works and sometimes it doesn't, but if you decide to write to the CEO, ask them to write to you by 14 days. as you will have to consider other avenues, such as complaining to the FOS. x

[Stressedoutmum]

Re: Mortgage PPI from 2004

Have received a response from Assurant this morning. A very curt response, advising they were sorry I wasn't happy with their original reply but that their position hasn't changed and they refer me to their previous letter. They then go on to pretty much regurgitate what they said in their original letter, this time advising that it was the sellers sole responsibilty to make sure the policy was suitable.

I am actually pretty p****d off with their reply, as it's very clear to me that they haven't even given my complaint the time of day, or the fact that I am paying for a worthless policy!!! It seems they have completely washed their hands of me without even looking into it!

So, can I now go to the FOS, would that be my next step?

Thanks!

[di30]

Re: Mortgage PPI from 2004

Cheers Di!!

I will definitely give this a go. Like I said before I am prepared and ready to give this a good fight, £4k+ is a lot of money, and considering I am still paying interest on it and not having any benefit whatsoever, I'm not prepared to give up easily!!

Thanks so much for taking the time to compose the letter Di, you are a wee star!!!!

Aww bless you lol xx

Your very welcome hun, let me know if you require further help/info xx

[Stressedoutmum]

Re: Mortgage PPI from 2004

Cheers Di!!

I will definitely give this a go. Like I said before I am prepared and ready to give this a good fight, £4k+ is a lot of money, and considering I am still paying interest on it and not having any benefit whatsoever, I'm not prepared to give up easily!!

Thanks so much for taking the time to compose the letter Di, you are a wee star!!!!

[di30]

Re: Mortgage PPI from 2004

Hi Di

Yes that's right, they haven't really addressed the complaint in any way, other than to say AGI are not responsible for selling. They haven't said this is their final response or mentioned the FOS, just that they are unable to assist me further

You can try writing back to them if you wish by maybe giving them 14 or 21 days.
Ask them to review your complaint, because you feel they have overlooked the matter, and state that you are aware they are not responsible for the mis selling, but were the insurers/underwriters where you do have responsibilties on underwriting completed applications, as you have to ensure that the policy was sold correctly and that it was suitable for the customer before the application went ahead.
And say, for this matter, you do have the authority to investigate this type of complaint. (Please also refer back to my original letter (copy enclosed), and please take into account that this is not about your business misselling me a product, but you still have joint liabilities when these products are sold.
.................................................. ..................................................

Dear Sir/Madam (write name if you have a name, Mr or Mrs)

Account number xxxxxxxxx

Thank you your letter dated Xx/Xx/2013.
I am disappointed in your decision you made in regards of the above account number.

I would also like to confirm that I have been writing to you direct, because this is the avenue the Financial Ombudsman Service (FOS) suggest, if for example, the original business that sold the product was no longer active, or due to non-regulation (whatever your reason).
This is because you had a relationship to the broker/lender of the policy and you had underwritten my policy once my application was completed.
Your business therefore had many duties to ensure that the policy was suited to my requirements before it was paid out to me.

I am asking you to review my complaint, and also take into account my previous letter that include my full reasons. You will note that I am NOT holding you fully responsible for the mis selling of the product, but you did have liabilities that I would like you to take into account in regards of my complaint.
For this reason I do believe you are able to investigate this complaint. I have been deprived of my money, and wish to be refunded of all I have paid, plus the relevant interest that I am entitled to by the FOS calculation guidelines.

I look forward to hearing from you by (14 or 21 days) of this letter, in order for me to consider my next action from here.


Yours sincerely

[Stressedoutmum]

Re: Mortgage PPI from 2004

Hi hun
Arh right ok.

So they have basically overlooked the complaint really then. The FOS suggest this avenue because they know they have relationships from insurer/broker to lender.
And an underwriter's duty would be to check all information passed on after completion of the application before its agreed to go ahead.

Did they say it was final and mention the FOS at this stage?

Hi Di

Yes that's right, they haven't really addressed the complaint in any way, other than to say AGI are not responsible for selling. They haven't said this is their final response or mentioned the FOS, just that they are unable to assist me further