Sainsbury's PPI Claim rejected by BOS

[jay_66]

I took out a Sainsbury's credit card in 1998. I filed a PPI complaint with Sainsbury’s two months ago claiming that I was mis sold PPI and it was added without my knowledge. It has to be noted that I do not have the Credit Card Agreement or the terms and conditions that were applicable at the time I took out the agreement.

 

Sainsburys have denied my claim on the basis that they established that I have applied for this credit card in 1998 via post. The Credit Card Agreement had an optional tick box for consent of PPI and that box was ticked. Therefore I had knowingly asked for this PPI.

 

I am angered by this decision. I don't have the Credit Card Agreement or the terms and conditions that were applicable at the time I took the agreement so I can't verify their claim. I have requested a copy of this information and waiting for it.

 

I am sure that I didn't ask for PPI, in fact I can’t remember how I applied for this Credit Card. I applied for it in 1998. Could it have been that Sainbury's were selling the credit cards in their branches and one of their representatives filled the application form up for me and posted it??

 

Can anyone help me with immediate remedies! Please advise! Thanks

[AndyOrch]

Hi Jay and a warm welcome to CAG

 

I will move your post to the Bank of Scotland section were you will get more dedicated advice.

 

Regards

 

Andy

[dx100uk]

i would say that then

 

the card was taken out by a rep stopping you upon leaving one of their stores.

 

please PROVE that YOU ticked the box....

 

what 'complaint' form did you use?

 

dx

[jay_66]

I used the questionnaire that was designed by FSA. Furthermore, at the time I took out the Credit Card I was unemployed... I'm not too sure if their Sainsbury's (Bank of Scotland) PPI policy had this as an exclusion for claims to be made. If so would it be Sainsbury's responsibility to check my circumstances and identify that I am unemployed and therefore PPI would not be valid??

[dx100uk]

yes

 

there are several success cases here

 

use our search top right for sainburys ppi

 

did you include a spreadsheet [sOC]?

 

dx

[jay_66]

Also in the PPI questionaire I ticked a box to say that I can't remember as to how the insurance was sold to me.

[dx100uk]

if they can say how you applied for the loan

then they must have paperwork

 

i think you need to sar them

 

dx

[jay_66]

Thanks for you reply. I did not include a spreadsheet [sOC]. What is that? And if i request a SAR can i use a postal order of £10 to pay for the fee? Also I would have to wait 40 days for that to come in and the letter said I have to respond in 28 days of the letter date which means i have like 3 weeks left otherwise they would consider this complaint as resolved. Please Advise.

[dx100uk]

yep PO

 

you are responding!!

 

you are asking for the paperwork they are basing their decision on.

 

YOU call the shots not THEM!!

 

sadly we find time and again

 

that unless reclaimers show they know what they are doing and want

 

by using the FOS CQ + SOC + complaint letter

 

most firms will fob you off .

 

dx

[jay_66]

Thanks mate! I will proceed as follows:

 

I refute your claim that I was able to make an informed decision! I would like to see the paperwork that you have based your decision on, claiming that I supposedly ticked this option box asking for PPI. How do I not know that this box was pre ticked making the PPI compulsory to take out?

 

I would also like to shed new information into your investigation. I can confirm to you that in fact the sale of this credit card took place within Sainbusrys by one of their representative. He did not mention any PPI on the Credit card let alone ascertain if the product provided was fit for purpose, suitable for my needs or if indeed it at all. No inquiry was made as whether I had pre-existing insurance for accident, illness or unemployment. I was not given a copy of the insurance policy nor were any rights to cancel explained. I believe you manifestly failed in your fiduciary responsibilities, your duty of care.

 

You claimed that I was eligible for the policy and the policy was suitable for me. I would like to highlight that I was unemployed at the time I took out the credit card, this is an exclusion for claims to be made. Therefore your responsibility to check my circumstances and identify that I am unemployed had failed and therefore PPI would not have be valid.

 

I strongly suggest you re-consider your decision.

 

Is this a good response??

[dx100uk]

quite honestly i'd just sar them

 

dont fire your arrows yet

 

simply sar them, using the sar template.

 

stating that you are entitled to see the info they have based their rejection on

 

dx

[jay_66]

OMG I just received a letter from Sainsbury's Finance refusing to provide the CCA as my account has been closed and there is no longer a regulated agreement between ourselves. Please advise.

[dx100uk]

yes thats correct

why did you CCA them...

 

should be a SAR.

 

dx

[jay_66]

Thanks mate... Also I had other credit cards where the accounts have been closed. Do I need to SAR them too?

[dx100uk]

yes

 

though only one sar should be needed per 'bank'

not ccount/card.

 

if that helps

 

dx

[jay_66]

Ok so I can write to Barclay's requesting information for my Woolwich, Morgan Stanley and Barclay's credit card accounts under SAR?

 

As for Natwest and RBS they are part of the same group? So would one SAR letter suffice?

[dx100uk]

should work yes

 

dx

[jay_66]

Hey guys,

 

After refusing to give the credit card agreement

it seems as though they have sent it to me today.

 

I must say the documents is barely legible.

It has been photocopied badly,

any particular reason why?

 

I have checked the CCA and I can see the Credit Care Protection boxes ticked, which I am so adamant that I did not tick.

Sainsbury's say that I have done this application by post which I'm sure I did not.

 

Furthermore the details on the Credit care (small print) is blurred as in not legible so you can't really read what is exactly said but all other contents seems to be legible.

 

Can I make another request for a legible copy??

 

However I can make out that the they didn't give me a PPI policy terms but I had to request it.

. Surely that alone is misleading without giving it to me?

I am still waiting on my SAR..

 

. Please advise.. Thanks

[dx100uk]

await the full sar

 

dx

[jay_66]

Hi guys, I have a set back. My response letter was sent via recorded 1st class delivery but I checked yesterday whether the letter has been delivered and it wasn't.

[jay_66]

Now the time to respond to my claim has elapsed. So what do i do?

[jay_66]

Hi guys I just received my SAR and it seems as though I have had 2 credit cards with sainsbury's. I have both of the credit card agreements and on both of then i can see a tick for PPI. How do I know whether the application was done via post? Please help!

[jay_66]

Hi guys,

 

I recieved my SAR documents today along with two credit card agreements. How do I know whether my application was done via post or not? Please advice. Thanks

[ims21]

Two threads merged...please keep to one thread for this issue

[ims21]

It doesn't matter if it was submitted by post or not.

 

What were the reasons you gave for the mis-sale in the original claim you made?