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Help!! Smile (Co-Operative bank) credit card PPI


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Hi

I wrote to Smile demanding my credit card PPI be returned to me, as I never signed up to it as I was self-employed and never take out PPI - I also asked them to provide proof that I signed up for PPI if they think I did.

 

The reply I got said they don't have proof but they would only have started the PPI if I had asked and I should have noticed it had been taken every month for 4 years, so they will not refund a penny.

 

The statements were online only and I honestly never noticed as I didn't look at the statements too much.

 

Any idea of how I should reply to this ?....The guy's tone in the letter was very rude I thought.

Cheers

Citybloke

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As far as I know, and I am going through a very similar case, they must have proof of you signing up. It is, in effect(IMO), a credit agreement, and may be regulated by CCA. Either way, if they cannot prove a contract, you are entitled to a refund. Write to them, requesting a copy of your contract to pay PPI under data protection. State if they have no such contract, then no contract has existed, and they have taken payments from you unlawfully.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Have a read of my thread(next one up/down) :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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  • 9 months later...

Hi

Was just wondering what peoples thoughts on my PPI situation with Smile is....details below :-

 

I already had a SAR completed by Smile for my late payment fees and noticed on the statements that I had been charged PPI since I took out the card.

I queried this with Smile and they said I must have requested it - I didn't!

 

I sent a letter claiming back all PPI payments plus contractual interest unless they could prove that I did request the PPI....which I knew they would not be able to do as I never bother with PPI as i'm self-employed.

 

Smile wrote back saying they will not be returning any PPI payments to me and it was my responsibility to check my statements.

 

Smile also informed me that they have no proof that I requested PPI either in writing or by phone (the original signed agreement did not have PPI selected). They stated I must have requested it or they would not have added it to my account.

 

So in a nutshell, I never requested PPI on my credit card account with Smile and they have admitted they have no proof either in writing or recorded phone message/phone transcript.

 

What step should I take next ?

 

Many thanks

 

Citybloke

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  • 1 month later...

Hi there.

 

Just to bump this up a little, so it won't be missed by the great helpful lot we have here.;)

 

Okay in my opinion they are fobbing you off with a standard response, so hun, keep going okay ?;)

 

 

If you don't mind me asking when did you take out this policy ?

 

Cheers.

Di.

x

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I think the best thing would be to refer it to the FOS - they'll not get very far without proof that you consented to the policy.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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  • 2 months later...

Smile credit card PPI - Advice needed

 

Hi All

I need a bit of advice for a claim that I started in 2007, but backed off when I received the reply from Smile.

My Smile credit card account is now closed and paid in full. I opened the account in 2000 & closed it in 2006. I never requested PPI as I was self-employed and I now have a copy of the CCA where there is no mention of PPI.

In 2007 I requested repayment of the PPI premiums I had paid plus interest.

The letter attached is from Smile in July 2007 (smile.jpg)

I know I should have followed up quicker, but felt intimidated by the letter from Smile.

Anyone got any thoughts on what I should do now? as I really am up for sorting this out now.

Many thanks

Citybloke

smile.jpg

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Hello citybloke,

 

I would read and try to help if I could but your thumbnail is exactly that and I am unable to read the document. Can you enlarge please.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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As you started this in 2007 i would imagine they have now closed the complaint they usually do after 6 months.

 

All is not lost though as you will have to start again from scratch, Do you have all the statements if so good as this was a co-op/smile credit card the ppi premiums would of been added monthly as a % of the balance all you need is all your statements then you will now exactly how much is to be refunded and can send in a complaint letter straight away.

 

If you do not have all the statements you will need to send of a S.A.R letter to get hold of all the documents they hold on you.

 

For this you will need to enclose with the letter a £10 statutory fee so they can do a search also send it recorded delivery and get a receipt of posting so you have a paper trail and evidence if you need it later on.

 

Also allow 40+2 days for postage for a reply to your S.A.R as that is statutory.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/118145-r-subject-access-request.html

 

A link to the PPI template letter is above just edit to suit your needs.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/61081-ppi-some-notes-claimants.html

 

Above is a link to some PPI notes that may assist you in your claim.

 

Finally keep at them and post back with your feedback from smile so we can assist you further.

 

Could not read your letter as it was too small perhaps you could upload it to photobucket.com and post the link on here.

 

By my past experience with the Co-op Bank they do tend it fold in easier than many other high street Banks.

 

Good Luck

 

Regards

 

Leon

 

P.S must go now as i have a big bowl of treacle sponge and custard staring at me lol

  • Haha 1

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Hi All

 

Thanks for the advice. Link below to the Smile letter i uploaded to photobucket :-

 

http://i405.photobucket.com/albums/pp132/msibloke/smile.jpg

 

 

I have all my statements and know exactly what they have taken.

 

I also have the CCA which does not mention PPI at all.

 

Thanks

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OK as you have the statements and know what they have taken get that complaint letter off do not forget to add interest as they have denied you that money now you can go for the stautory 8% that a court would award you or go for the APR they have charged you also claim back the interest on the payments you have made.

 

There is also a spreadsheet in the stickys at the top of the PPI forum if you need it to work out the interest which auto updates.

 

If you need a link to a template letter you can edit to suit your needs let me know and ill post one up.

 

Regards

 

Leon

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Hiya citybloke

 

You could do but personnely myself i would not bother as they would of closed that complaint by now and it would in my view only confuse things further.

 

Ok ill be back in 30 mins as i gota nip to the shop then i will post you a very good complaint letter that worked for me.

 

Regards

 

Leon

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Ok here we go you can edit these to suit you needs adding any info you have where needed.

 

Regards

 

Leon

 

[Your address]

The Complaints Department

[Lender’s address]

[Date]

 

Dear Sir/Madam,

 

Ref: [Your PPI policy number]

 

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid.

 

I took out a £xxx loan/credit card at your […. Branch] on [date] and also bought a payment protection policy which would cost me an extra £xxx over the life of the loan. [The name of the salesperson who sold me the policy is ...] The total amount of my premiums plus interest is £ xxxx.

 

I am [self-employed/work as a contractor/unemployed/retired] and therefore will not be eligible for any payments from the PPI if I find myself unable to meet my debt repayments.

 

Possible additional paragraphs – include the one which applies

 

 

[Your salesperson knew this at the time of sale but did not point out to me that this would make the insurance policy useless to me.]

 

 

or

 

[Your salesperson did not check my personal circumstances at the time of sale, which they are under obligation to do. If they had done, they would have realised that a PPI policy was useless to me.]

 

 

Insurers are under an obligation to ensure that the policy they are selling is appropriate to that customer and clearly, as my employment situation means I am unable to claim on the policy, you have not fulfilled this requirement.

 

I am requesting a full refund of all my insurance payments, plus interest, which total [£ xxx].

 

If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman.

 

Yours sincerely

 

 

[Your signature]

 

 

 

Template Letter 2

 

 

 

[Your address]

The Complaints Department

[Lender’s address]

[Date]

 

Dear Sir/Madam,

 

Ref – policy number

 

I believe I have been mis-sold a payment protection insurance policy and would like to request a full refund of my premiums, plus interest paid.

 

I took out a £xxx loan/credit card at your [branch name] branch on [date] and also bought a payment protection policy which would cost me an extra £xxx over the life of the loan. [The name of the salesperson who sold me the policy is …] The total amount of my premiums plus interest is £ xxxx.

 

When I took out the loan, I was told that my application would be refused if I did not also buy a PPI policy. The Financial Services Authority’s advice to consumers is that, while it does not breach FSA guidelines, a borrower should not be refused a loan if they choose not to buy an insurance policy.

 

Possible additional paragraphs – include any which apply to you

 

 

[i also told your salesperson that I had adequate insurance cover through a separate income protection policy.]

 

[i said I did not need the PPI as my employer provides a generous illness and redundancy package.]

 

[You are not allowed to make PPI a condition of taking out the loan unless you include the costs of PPI in the quoted interest rate, which you did not do.]

 

[in forcing me to buy this policy, you have also breached paragraph 8.6 of the Banking Code, to which you are a signatory.]

 

I do not believe being forced to buy this policy as part of the loan was a fair and reasonable obligation as I did not need this insurance and said at the time of taking the loan that I did not want it.

 

 

I am requesting a full refund of all my insurance payments, plus interest, which total [£ xxx].

 

If I do not receive a favourable response from you I will pursue this claim through the Financial Ombudsman.

 

Yours faithfully,

 

[Your signature]

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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You could also use this one which informs them of there responsibilities

 

Your Address

Customer Feedback

Team 314

PO BOX 600

Skelmersdale

WN8 6GF Your Reference

 

 

Date

RE:

ACOUNT NO:

 

Dear

 

 

I am in receipt of your letter dated ------ in which you respond to my assertion that the Cooperative Bank has Mis-Sold Payment Protection Insurance (PPI) to me when I took out the above loans.

 

I am shocked and disappointed in your continued assertions that you have conducted yourselves in a manner that is appropriate for an extremely large and well respected financial institution. I continue to assert that this has not been my experience. You have failed in your duty by selling me a product that did not suit my individual circumstances, you have failed in your duty to provide me with sufficient and appropriate information to allow me to make an informed choice when purchasing the compulsory PPI, and you have sold me a product that I assert is useless to me as pre-existing medical conditions were not ascertained by your salesperson which therefore rendered the policy useless to me as I would have been unable to make a claim on it.

 

PPI is not a compulsory product when taking out a loan, and adding PPI to my loan account in this way is a clear breach of both FSA regulations and guidelines and the Banking Code of Practice provided to the financial services industry. As a respected financial organisation, you will have been quite aware of these regulations and this makes your organisation's action even more serious. It is extremely poor business practice to say the least.

 

In taking out a loan with the Cooperative Bank, I reserved the right as your customer to receive appropriate information to enable me to take out a compulsory insurance product that suited my demands and needs. The Cooperative Bank had an obligation to me the borrower, to provide sufficient and appropriate information to enable me to make an informed decision as to the suitability of both the loan and the PPI to meet my needs and financial circumstances. I should also have been made aware of alternative options available or comparative costs of similar PPI products from other suppliers, which information as a well known financial institution, you would most certainly have had access to.

 

The Financial Services Authority (FSA) provides guidelines which your organisation should adhere to while making both Advised and Non-Advised sales. Where a Non-Advised sale takes place, as in my own case "The customer must, however, still receive sufficient information on the product to enable them to make an informed decision as to whether it meets their own demands and needs." (FSA) These regulations apply to the lender whether the sale is made face-to-face, over the telephone as in my case, or via a lender's website.

 

At no point did I receive any such information, either by letter, document or telephone call which followed the above guideline. The documents that you have provided copies of do not contain any of the information that I have outlined above and cannot, therefore, be deemed as meeting the standard of care which you should have provided.

 

I assert that I have been deprived of the right to choose PPI when taking out the loans, and that you have taken advantage of my lack of knowledge.

 

I reposed absolute trust in your ability as a respected financial institution to provide a reasonable level of care and skill in ensuring that my best interests were met when taking out a financial product with your organisation. This has not been the case and I am extremely shocked and disappointed.

 

I would further suggest that the Principles of Business which are legally binding on the Cooperative Bank under the Financial Services and Markets Act 2000 and which are contained in the FSA Handbook have not been followed. Therefore you are in breach of regulations.

 

I would remind you that the FSA takes the Mis-Selling of PPI extremely seriously and you will be aware that recent investigations by both the FSA and the Competition Commission have found that lenders continue to engage in "poor sales practices" and that "customers were not informed orally of both the monthly and total cost of their PPI". (FSA report, 30 September 2008.)

 

I request the return of all moneys paid to you for the above policies including contractual interest within 14 days of receipt of this letter by you. If you do not comply with my request, I will have no option but to escalate my claim to the courts. I should remind you that the FOS take the issue of Mis-Selling of PPI extremely seriously and in many cases, have imposed large fines on financial institutions who are in breach of regulations.

 

Yours sincerely

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Leon - You're a star!...thanks for the letters.....I will be getting a letter off to smile tomorrow and will update as soon as I hear back.

 

Thanks for all your help.

 

Rich

Edited by citybloke
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Citybloke you are more than welcome i have first hand experience with co-op/smile being a customer myself sorry i mean old customer lol not anymore the way they have treated me and hiding behind there ethical image.

 

One more thing as this is a formal complaint and not a S.A.R they have 14days to reply +2 days for postage so you should expect a reply by 2nd December if you dont we will send off the LBA.

 

Regards

 

Leon

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Share on other sites

Thank you for clicking my scales rich and yes i do help the little man as much as possible because its us against the fat cats.

 

Regards

 

Leon

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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