Mortgage PPI from 2004

[Stressedoutmum]

Re: Mortgage PPI from 2004

FOS have replied to the email I sent and have now passed my complaint to an Ombudsman for a final decision. I've to let them have any further info that I think is relevant by 19th May, if I need longer I've to let them know.

Fingers crossed again!

[Stressedoutmum]

Re: Mortgage PPI from 2004

Many thanks for your reply! So sorry to hear you've had health issues Di, I hope you are feeling better.

The insurer is Assurant General Insurance (formerly D &D Home care, I still have the actual policy document) and yes I tried them at the start and they pretty much fobbed me off with the whole 'CMC were not acting as our agent so we are not responsible' scenario! The FOS seem to have accepted this defence stating that they have seen nothing to contradict that. I am in the process of drafting a reply to the FOS advising that I believe the word agent is being used by Assurant to minimise their involvement in the sale and that there was clearly a relationship there and proof of that is on the policy documents where they acknowledge that CMC organised the cover for us. I also pointed out that as the underwriter they accepted our application for the cover, again as acknowledged in the policy documents and had a responsibility to make sure the policy was suitable which it wasn't, so I think that should also have been considered in the complaint.

I've sent of the SAR so will see if that throws up anything of use, and I'm letting the FOS know that I'm awaiting info from Assurant.

I'm taking this all the way, hopefully the FOS will look a bit more closely at it as they sent a 2 page letter and only a third of it contained their reason for not upholding my complaint, which given the length of time they've had it is a bit lacking!

Do you think this is the right approach for me to take? I can't think of anything else to say to them.

Thanks again! X

[Never-In-Doubt]

Re: Mortgage PPI from 2004

Thank you Di

[di30]

Re: Mortgage PPI from 2004

Oh well, good news one day, rubbish news the next!!!!

Got letter from FOS saying they can't deal with my complaint. They've looked to see if Assurant should take responsibility by trying to establish a connection between Assurant (formerly D &D Homecare which my insurance documents are from) and Capital Mortgage Connections but they say Assurant have confirmed that CMC did not act as their agent and the FOS have seen no evidence to contradict this!

How can I possibly prove this? If CMC were not acting as an agent for Assurant, what was their role selling their products?

I have until 12 May to ask them to consider anything else, but what else can I say? All I have paperwork wise is the policy document which confirms my policy was set up by CMC. That's obviously not enough :-(

I've just noticed there is an 'agent number' on my document DD336 anyone have any idea what that would relate to?

Sorry edited yet again! Been having a look at all my documents. The insurance documents from D &D Homecare inform us of our acceptance into the scheme as 'arranged by Capital Mortgage Connections'. To me this shows that 1. They checked and accepted our application so have a responsibility as the underwriter and 2. That there is a relationship with CMC.

I am wondering what is different to my case than other's that have been upheld against Assurant. You can view upheld complaints on the FOS website and I found a couple of very similar cases to mine from 2004 where the broker is no longer trading but the ombudsman states that, as the underwriter, Assurant are now responsible. No mention of agency relationships! So why does this not apply to me?

I am thinking of asking for an ombudsman to now look at the case, and I'm also considering requesting a SAR from Assurant but it's so long ago.

Anyone think this is an option? Thoughts would be gratefully accepted :-)

Hi

So they usual fob off then by the FOS? (so frustrating as they make you wait long enough) and 90% of the time they come back with the same response for all that goes this avenue.

Have you actually tried writing to the Underwriter/Insurer yourself first by any chance?

I gave it a shot with a few of mine assuming that the FOS will keep it going forever to come back 2 to 3 years on to say "Sorry cannot establish relationship" blah blah.

It may be worth taking a chance on a SAR to see what comes back and also request for the details of the Insurer (they must provide this to you?) if you have not already provided this evidence to the FOS then this should actually be the evidence you need for them to see and prove.
They will return the payment if they're unable to provide any information but if you have not yet requested a SAR, hopefully it could be a way forward with a bit of luck x

[Never-In-Doubt]

Re: Mortgage PPI from 2004

I've asked Di to pop in. She's pretty good with this scenario.

Failing that ill look through your thread in the coming days. Just a tad busy today.

[Stressedoutmum]

Re: Mortgage PPI from 2004

Oh well, good news one day, rubbish news the next!!!!

Got letter from FOS saying they can't deal with my complaint. They've looked to see if Assurant should take responsibility by trying to establish a connection between Assurant (formerly D &D Homecare which my insurance documents are from) and Capital Mortgage Connections but they say Assurant have confirmed that CMC did not act as their agent and the FOS have seen no evidence to contradict this!

How can I possibly prove this? If CMC were not acting as an agent for Assurant, what was their role selling their products?

I have until 12 May to ask them to consider anything else, but what else can I say? All I have paperwork wise is the policy document which confirms my policy was set up by CMC. That's obviously not enough :-(

I've just noticed there is an 'agent number' on my document DD336 anyone have any idea what that would relate to?

Sorry edited yet again! Been having a look at all my documents. The insurance documents from D &D Homecare inform us of our acceptance into the scheme as 'arranged by Capital Mortgage Connections'. To me this shows that 1. They checked and accepted our application so have a responsibility as the underwriter and 2. That there is a relationship with CMC.

I am wondering what is different to my case than other's that have been upheld against Assurant. You can view upheld complaints on the FOS website and I found a couple of very similar cases to mine from 2004 where the broker is no longer trading but the ombudsman states that, as the underwriter, Assurant are now responsible. No mention of agency relationships! So why does this not apply to me?

I am thinking of asking for an ombudsman to now look at the case, and I'm also considering requesting a SAR from Assurant but it's so long ago.

Anyone think this is an option? Thoughts would be gratefully accepted :-)

[Stressedoutmum]

Re: Mortgage PPI from 2004

This is currently at the Ombudsman and waiting for an adjudicator. Has been for about the last year!

[PlanB]

Re: Mortgage PPI from 2004

What was the outcome of this mortgage PPI claim?

Is it the same mortgage company that you are dealing with on another issue at the moment because that might be relevant to your other thread here:

http://forums.all-about-debt.co.uk/s...l=1#post466296

[di30]

Re: Mortgage PPI from 2004

Thank you for the update and hopefully not too long to wait now!

[Stressedoutmum]

Re: Mortgage PPI from 2004

Received this email today from the Ombudsman, hoping that things are going in the right direction with this!!!

'We are writing to provide you with an update to yourcomplaint.

From our investigations to date, there appears to be a dispute about which business is responsible for the sale of your PPI.

We can confirm that this case is awaiting allocation to an adjudicator who will endeavour to establish which business should take responsibility for the sale of your PPI.Once our investigation is complete, we will let you know if we can consider the merits of the mis-sale complaint.

We will write to you again as soon as we are in a position to do so, and in any event no later than every three months.

If not already done so, please could we ask that you send in any supporting documentation or correspondence you have that may determine which business was responsible for the sale.

Thank you for your continued patience, and if you have any queries, please do not hesitate to contact us'

[di30]

Re: Mortgage PPI from 2004

Good luck!

[Stressedoutmum]

Re: Mortgage PPI from 2004

Your welcome.

Yes do contact the FOS and tell them you have already pursued that avenue and provide any information you have.
Can you email information to your adjudicator? (to save on the hard copy posting)?

The fact that your still paying for it as well, must be frustrating, I see your point why your Peed off x

Thanks di!

I never thought about emailing them, might just do that as they already have all the documents.

Thanks for the help, I'll let you know how I get on.

[di30]

Re: Mortgage PPI from 2004

Thanks again di30!

So do you think I should just write back to the Ombudsman advising that I have already gone down the route they suggest and that I have had the final response from the underwriter which is why I am coming to them now and refer them to all the documentation I previously sent them? (I did use your letter that you gave me a copy of to write to Assurant)

Although this policy was sold to us almost 10 years ago we are STILL paying for it and it doesn't even cover us as the policy expired in 2009, which really Pees me off!! lol

Your welcome.

Yes do contact the FOS and tell them you have already pursued that avenue and provide any information you have.
Can you email information to your adjudicator? (to save on the hard copy posting)?

The fact that your still paying for it as well, must be frustrating, I see your point why your Peed off x

[Stressedoutmum]

Re: Mortgage PPI from 2004

Hi

Yes there is a relationship there, exactly!!!
They need an underwriter/insurer before the application went ahead, as they have to check and make sure the policy was suited before the application finally went ahead.

Well if you wish to give it a go yourself, and not yet had a copy of my letter I done for my underwriter (I did succeed in the end) by making sure of getting the wording right, as wording it is important, for example, we are not directly putting the full blame or responsibility on them but its put in a way that they do have links and deal with the policy before its accepted and sold to you).

Let me know.

Thanks again di30!

So do you think I should just write back to the Ombudsman advising that I have already gone down the route they suggest and that I have had the final response from the underwriter which is why I am coming to them now and refer them to all the documentation I previously sent them? (I did use your letter that you gave me a copy of to write to Assurant)

Although this policy was sold to us almost 10 years ago we are STILL paying for it and it doesn't even cover us as the policy expired in 2009, which really Pees me off!! lol

[di30]

Re: Mortgage PPI from 2004

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?

Hi

Yes there is a relationship there, exactly!!!
They need an underwriter/insurer before the application went ahead, as they have to check and make sure the policy was suited before the application finally went ahead.

Well if you wish to give it a go yourself, and not yet had a copy of my letter I done for my underwriter (I did succeed in the end) by making sure of getting the wording right, as wording it is important, for example, we are not directly putting the full blame or responsibility on them but its put in a way that they do have links and deal with the policy before its accepted and sold to you).

Let me know.