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Ive sent M&S Money a letter asking for a refund of the PPI, to which they have refused TWICE and their recent letter is attached.
I'll give you the back story:-
I was approached by a M&S staff member whilst instore back in 2003, offering me a credit card. I said no intially, but they were quite pushy and offered to fill out the application for me. I said ok and after they filled the form they asked me to sign. I signed twice on the form. Obviously 1 of the signatures turned out to be for the PPI.
I sent M&S a letter a couple of months ago, asking for a refund of the PPI to which they refused because they dont employ staff instore to sell their credit cards and or financial services. Along with this letter they also sent me a copy of the application, which clearly wasnt my handwriting and there was a spelling mistake on my previous address.
I pointed this out to them and they are still insisting that they dont employ staff to give info on their products.
Can anyone please direct me as to what I should do next.
If M&S want to play games, then I would delve a little deeper into the alleged Agreement itself.
Those in-store Application Forms filled out by their own sales staff, were highly suspect. Nobody I know who was accosted by the hard-sell staff saw any Prescribed Terms, and there were no Terms on the rear of those Forms either.
The staff were there to hard-sellPPI, and to get people to sign up for both a nasty M&S MasterCard and PPI at the same time.
If you have not already done so, I would send them a s78(1) Request, and also a SAR too, so that you get to see the alleged Agreement from two angles. Maybe stagger the requests so as not to alert them.
I think you may find that the alleged Agreement itself is unenforceable!
Great! M&S may well regret being silly over the mis-sold PPI by the time you are finished with them.
Be ready for some subterfuge over the alleged Agreement. They will almost certainly send you some current Terms, they will probably span several pages. In addition they may also send you a crabby copy of what may look like an A4 page of Terms they will hope you will think were on the reverse of the Application Form.
However, take a damned close look at the above A4 page, and perhaps Post up a copy of that here for beady eyes to inspect! A common trick is to grab any old page of Terms, even ones that relate to Postal Applications. Spot the deliberate mistake there? Yours was an In-Store Application, and the Form will have been geared for their own employees to complete! So, it was never a Postal Application!
The Application Form may also have a box for their employee to complete, i.e. some form of employee number etc had to be added, further confirming it was not a Postal Application.
But I'm going to spoil all of your fun at this rate! I'd better let you get on and see what they send first!
In their 1st reply refusing my PPI claim, they sent me back a copy of my application and it did have an employee number on it so they may well, with a bit of luck, shoot themselves in the foot.
Ive tipped your scales for you, and once again, many thanks for your replies.
Ive also posted in other threads, could you be so kind as to take a peak when you have a moment.
M&s Money Ppi Advice Please
, to which they have refused TWICE and their recent letter is attached.
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Re: M&s Money Ppi Advice Please
