Undecided on whether to claim PPI

[livingonaboat]

Hi guys and gals,

Found this forum a while back and thought I'd register and ask the question I've been struggling with over the last couple of years.

Have an Amex Blue CC which I have been making reduced payments for around three years. Had PPI for many, many years which I finally cancelled after realising what a con it was.

When applied for the card, I was in full time employment with a company, but due to my young age and general naivety, I just ticked the PPI box as I thought that payment protection was a important safety net.

Recently, with all the negative press surrounding PPI, I'm thinking that there may have been some mis-selling as I can't remember ever seeing any other documentation on PPI from Amex other than the couple of lines on the credit card application form.

Is there a possible case for Amex to answer? Should I SAR them?

Any clarification/ advice would be much appreciated.

[SXGuy]

Re: Undecided on whether to claim PPI

If you are paying this off, then i would make a claim for PPI, what have you to lose? Even if AMEX refuse your claim, you still have the FOS to rule in your favour.

[livingonaboat]

Re: Undecided on whether to claim PPI

Is the onus on me to demonstrate mis-selling has occurred?

If so, would the fact that I was employed rather than self employed have a bearing on the claim. I've read in a few threads on various forums that the majority of successful claims have come from those who have been self employed. Trying to prove that mis-selling occurred due to me receiving inadequate explanation of cover, could boil down to my word against theirs - surely, not a strong starting position for me?

[SXGuy]

Re: Undecided on whether to claim PPI

Well this is the thing, you have to be careful how you word the claim, so you cant slip up on a minor point. I personally wouldnt focus on whether you was employed or self employed, because some PPI did pay out for either job status. Unless you sure that it wouldnt have, id miss that point out.

I would keep it very simple and along the same lines as what has already been ruled on in court.

If you say that its due to inadequate explanation of cover, its not a case of your word against theres, its more of, your making a statment of truth, they are making an assumption.

If you have any evidence, you supply it with your claim, if you have none, then perhaps a SAR would be a good idea so you can try and obtain a copy of the agreement and statements showing you paying PPI , then your argument would be, that it was missold based on the fact that you were given no documentation as to your rights under the protection.

What Amex would need to do is prove you did. Now they cant prove this, not now, all they can do is say, it "would have" been supplied at the time. Im willing to bet, that with the millions of PPI claims going on right now, on balance, the FOS would rule you didnt receive this.

So if you SAR them, it should bring back, your application, and statements showing it was being paid. Di30 on here will be able to help you more, ill get her to pop along to the thread.

[livingonaboat]

Re: Undecided on whether to claim PPI

Great, thanks.

[di30]

Re: Undecided on whether to claim PPI

Cheers SXGuy for pm to let me know lol.

Am taking a read of this now ;-)

[di30]

Re: Undecided on whether to claim PPI

SXGuy have explained in good detail for you ;-) Cheers SXGuy

I would definately SAR them if you hold no paperwork or lack of it, as some useful info of the application may be enclosed.

There are lots of reasons, the fact you said you signed up for it, many have done that thinking or assuming its part of the application.

A good start would be the SAR, then its a matter of completing a reclaim complaint questionnaire or writing a letter of complaint, although most banks/businesses do use complaint forms these days.

Many have still been successful in making reclaim even if employed, but maybe one of the other benefits would not have suited you, and also as SXGuy wording a complaint is important too, and to get it right first time round.

[livingonaboat]

Re: Undecided on whether to claim PPI

I CCA'd Amex a few years ago and they sent an application form so that I have. I don't have all my old statements but enough to confirm that PPI was present and charged. I'm reluctant to SAR Amex unless I have to, for a couple of reasons:

1) I use a mail forwarding service as I live on a canal boat and it'll cost a fortune to forward all the paperwork.
2) I'm paying Amex reduced monthly payments with frozen interest and I'd like to keep it that way (for now).

The application form did state something along the lines of PPI as per attached booklet - can't remember ever seeing the booklet, although it was 20 years ago!

With regards the PPI claim (or complaint), do you have any wisdom you could pass on?

Thanks

Boat-dweller

[Never-In-Doubt]

Re: Undecided on whether to claim PPI

Ok you need to SAR --> http://www.all-about-debt.co.uk/inde...vanced-request

When you get the SAR back then you go through your statements and document all PPi and then use this style calculator to work out your estimated refund --> http://www.moneysavingexpert.com/rec...card-insurance

ask the bank for the refund. If they say no go to FOS

You will need a SAR no matter. If anything just ask for copy statements to reduce the load but forwarding it may cost £20 or so but if you get to clear the debt with the refund - why not? No brainer!!

[livingonaboat]

Re: Undecided on whether to claim PPI

OK, thanks Mods, I'll get the SAR from Amex.

[Joanna Connolly Solicitors]

I see there's an update about this on your new thread.

Amex have finally rejected your claim so you're off to the FOS >

A few years ago, I sought advice whether I should put PPI claim into one of my creditors, got some great advice from the folk here. I took that advice and did nothing.

Last month, finally took my head from my... and put a couple of claims in, I wasn't particularly confident as I was fully employed at the time and didn't fit into any of the typically missold categories.

Amex wrote to me a week or so back telling me that they reject my claim, I shall be escalating to the FOS.

Let us know what happens next.

(Good news about Lloyds though )

Di