PPI Claim rejected by GE Capital / Santander

[jonnyk]

Hi,

 

I have been trying to claim the PPI I had on a House of Fraser Storecard through GE Capital / Santander.

 

Today I've received a letter rejecting my claim saying that "the insurance has been clearly shown on all statements... ...and could have been cancelled or a claim made at any time", and that there is "no evidence of the miss-selling of insurance".

 

A photocopy of the application form I filled in has been attached. There are crosses written on all the boxes I was told to sign by the Sales Assistant who processed the application, including the PPI signature box. As a naive young man at the time I duly went ahead and signed where I was told to. I definitely remember that I was not given any information about the insurance though. And it's not something I would have wanted.

 

Would the crossed boxes by the sales-assistant be any kind of evidence of miss-selling?

 

Please could somebody advise whether I have a case for miss-selling, and if so the best way of progressing it now given the rejection.

 

Any help is most appreciated.

 

Thanks in advance

 

JK

[ims21]

Hi

 

The fact that they crossed the boxes all adds to your position.

 

What was your employment status when you took this out? Any medical history? Any discussion about suitability of product for you? Did they carry out a needs assessment? Did they advise that other products were available elsewhere cheaper had you wanted them?

 

Regards

 

ims

[jonnyk]

Hi,

 

Thanks for your reply. I was employed at the time and did not have any medical history (well, asthma), but there were absolutely no discussions about suitability of product, needs assessment or availability of alternative products.

 

The insurance was taken out in Feb 2001, which I appreciate is now over 10 years ago and doesn't put me in the best position.

 

Would the advice now be to go the Financial Ombudsman, or is there a more effective route? Or given the age of my insurance, am I unlikely to have any joy.

 

Thanks again,

 

JK

[ims21]

Hi

 

Well you have two choices

 

1 - fos as you suggest. Likely to take time but its free and you don't have to do much work apart from put forward a compelling claim.

 

2- Sue, in which case you will need to do all of the work, put together a compelling case and be prepared to present and argue your case in front of a Judge. The other side may cave in before court of course, but you would have to be prepared to go all the way if taking this route. Your payout could be higher through the courts.

 

I suggest doing a lot of reading around the ppi forums to get a feel of what others are up to in order that you can make an informed decision.

 

Regards

 

ims

[jonnyk]

Ok thanks for the advice - I think the FOS my be the most practical route. I feel strongly that the X marked at all places on the application where I should sign do show good evidence that I was underhandedly coaxed into signing the PPI agreement, rather than making any kind of considered decision.

 

Fingers crossed!

[ims21]

Best of luck

 

Keep us informed as to the progress as your experiences may help others.

 

Regards

 

ims