M&S Claim - Pursue or dead in the water?

[cfcboy]

Hi guys,

 

Just got my first response back from M&S, doesnt look good

 

The important part:

 

"Our records show that you purchased the insurance in March 2001 in connection with the above account. We have no record of you having contacted us before now with any questions or concerns about the cover which has been provided.

 

When we recieved the signed application, policy documents were sent out informing you about the insurance, along with full cancellation details. They also imformed you of the exclusions to the policy.

 

When this policy was applied to the account during march 2001, M&S financial services acted as an unregulated intermidary for the sale of the PPI as we were not a bank or a member of the General Insurance Standards (GISC) at the time of this sale.

 

On this basis I reject your complaint that this policy was mis-sold to you and will not be offering to refund the premiums you have paid"

 

So all in all doesnt look very promising Is it worth pursuing, i know I was mis-sold this policy back then for a couple of reasons but the reply has stumped me to be honest.

[livingdeadguy]

Its always worth pursuing! Don't back down at the first rejection.

Have you applied for your SAR and CCA as yet.

It would be helpful to see it.

sometime's the person selling the account ticks the PPI checkbox on your behalf.

Not only this but Sometime the T&C's can be quite confusing to most people unless you have a financial degree.

[alanalana]

Hi guys,

 

Just got my first response back from M&S, doesnt look good

 

The important part:

 

"Our records show that you purchased the insurance in March 2001 in connection with the above account. We have no record of you having contacted us before now with any questions or concerns about the cover which has been provided.

 

When we recieved the signed application, policy documents were sent out informing you about the insurance, along with full cancellation details. They also imformed you of the exclusions to the policy.

 

When this policy was applied to the account during march 2001, M&S financial services acted as an unregulated intermidary for the sale of the PPI as we were not a bank or a member of the General Insurance Standards (GISC) at the time of this sale.

 

On this basis I reject your complaint that this policy was mis-sold to you and will not be offering to refund the premiums you have paid"

 

So all in all doesnt look very promising Is it worth pursuing, i know I was mis-sold this policy back then for a couple of reasons but the reply has stumped me to be honest.

 

As livingdeadguy suggests, do NOT accept the rejection as the end of the story. Too many banks are delivering this statement which is putting people off claiming their money back.

 

I have claimed back to 1997 from RBS and more recently 1998 from LV so keep at them.

 

If you need to contact the Financial Ombudsman Service see this from the stickies at the top of the forum.

 

Links that may help with your claim for Mis-sold PPI

Financial Ombudsman Service

 

http://www.financial-ombudsman.org.u...-insurance.pdf

 

You should find all the contact details within these links.

 

But also search the rest of the sticky as there is much more that could be of use including info on GISC.

 

Mis-sold PPI? Want your money back? use these links to help (1 2)

 

hope this helps to keep you in the fight.

 

aa

[cfcboy]

Hi guys, well ive recently had a reply back from M&S, there latest repsonse was also a rejection and they have pointed out the following:

 

"I can see that your original application was completed on the internet. As there is no advisor present to inform customers about the insurance and as this is actively requested, any insurance sold in this way is deemed as "non-advised". The information was available on the Website and application form for you to view before you completing the application."

 

If i can remember right i did apply through the internetthough 7 years was a long time ago... Pretty sure i spoke to someone as well. So have they finally got me by the balls and is it time to give in I really hope not

 

edit - yay some good news though, i won my HSBC claim of £300 , things is that was also through the internet :S

Edited October 2, 2009 by cfcboy

[hellhasnofury]

Hi guys, well ive recently had a reply back from M&S, there latest repsonse was also a rejection and they have pointed out the following:

 

"I can see that your original application was completed on the internet. As there is no advisor present to inform customers about the insurance and as this is actively requested, any insurance sold in this way is deemed as "non-advised". The information was available on the Website and application form for you to view before you completing the application."

 

If i can remember right i did apply through the internetthough 7 years was a long time ago... Pretty sure i spoke to someone as well. So have they finally got me by the balls and is it time to give in I really hope not

 

edit - yay some good news though, i won my HSBC claim of £300 , things is that was also through the internet :S

Hello

 

I do hope that you are going to challange M&S on this. They sold you the ppi, added interest to it and made a good good profit.

 

When you applied On line, did it give you an option not to have the ppi applied to the loan. They normally do it such a way that it is impossible not to have it.

 

Keep at them and don't give them an inch:grin:

[leviculus_puella]

im pretty sure that even ppi sold over the net before dec 2004 still required a signature i think it may be worth your while doing a sar, m & s have been using an excuse that ppi sold before 2002 cant be reclaimed as they werent regulated by the gisc then but i think ive read somewhere (not sure where) that the fos have decided in favour of the complainant and supplied the address of the insurance company of who to complain too. i recently won my case against m&s from 2002 onwards good luck with yours

[cfcboy]

Thanks for the replies guys. What would be the best way to follow this through now? Shall i go straight to the FSA with all my information?

I dont really see the point in going back to M&S after the 2nd rejection.

Thanks

 

edit - looking at the appliaction form now it has my signature but NO tick box for PPI anywhere That must work in my favour ?

Edited October 5, 2009 by cfcboy

[hellhasnofury]

Thanks for the replies guys. What would be the best way to follow this through now? Shall i go straight to the FSA with all my information?

I dont really see the point in going back to M&S after the 2nd rejection.

Thanks

 

edit - looking at the appliaction form now it has my signature but NO tick box for PPI anywhere That must work in my favour ?

 

Hello cfc,

 

It is not the FSA (Financial Services Authority) who will investigate your complaint. It is the Financial Ombudsman Service that you forward your complaint to for them to investigate and report back to you individually. It can take some time, but it is well worth the effort as if they rule in your favour, you will receive statutory interest of 8% on top. You could also apply compound interest:-D

 

If M&S have given you their final response letter go to the FOS (Financial Ombudsman Service) and start the ball rolling. Just google FOS and enter their dedicated website, they will explain how to complain.

 

Have you done a spreadsheet with all of the ppi payments, and also don't forget they will have charged their contractual interest rate on all of those payments.

 

I do believe the ca with no box ticked for ppi is well in your favour.

 

On another note, I would forward a complaint to the FSA (financial services authority) and the Office of Fair Trading. Just so they can put a big black x on their files regarding m&s. If they get enough X's they will investigate them and hopefully give them a substantial fine. The fsa have just slated lots of big companies for not investigating complaints and fobbing people off.

I would of course keep good old M&S up to speed, and quote the new FSA ruling

 

Don't know if you are aware that M&S is actually HSBS in cognito:rolleyes:

 

Good luck and keep us posted, if you need assistance, shout:grin: