Nephew,s Santander- Mothercare Credit Card PPI Refused.

[anney63]

I have been helping my Nephew with His PPi on His Mothercare Card.

 

He honestly didnt know what it was.

 

He even had Menangitis and was very ill and didnt claim.

 

Had problems with DCA but has caught up and nearly paid off .

 

Only realised he had PPI when I looked at his statement and told him.

 

Put in a claim for him and this isthe response.

 

Absolutely terrible was sold the card at a till in the shop.

 

The card was originally issued by GE

 

Can you advise next move please.

[ims21]

Well there are immediately at least two things you can challenge them on.

 

They admit that they have no way of knowing what went on in the store. If they don't and you do then that is in your favour. I bet the assistant just pointed and said "sign here and here". So they are speculating on what might have happened.

 

The second thing is this business about the 30 day cancellation period. That is nonsense.

 

Have a look at these points from the FSA handbook....

 

 

3.3.3 G The firm should recognise that oral evidence may be sufficient evidence and not

dismiss evidence from the complainant solely because it is not supported by

documentary proof. The firm should take account of a complainant’s limited

ability fully to articulate his complaint or to explain his actions or decisions

made at the time of the sale.

 

3.3.5 G The firm should not reject a complainant’s account of events solely on the basis

that the complainant signed documentation relevant to the purchase of the policy.

 

3.3.6 G The firm should not reject a complaint because the complainant failed to exercise

the right to cancel the policy.

 

 

Have a read of Appendix 1 of the handbook which is in the PPI forum stickies

[anney63]

Thanks IMS Will do

[dx100uk]

and i would think the assistant made a nice commission out of button-holing

you on the checkout or 'seling booth' on the way out.

 

p's

 

just heard a rumour the Lloyds who use this 'speculation' type rejection of PPI reclaimers

have been told to knock-it on the head.

and stop speculating that they can get out of reclaims by a speculating letter.

 

news on the forum soon.

 

dx

[anney63]

Letter received today very short .

 

This matter has previously been in full and we issued our final response on 18th January 2013.

 

Our position remains unchanged.

 

Should you require anty further information

 

please contact me etc etc etc.

 

What next ????

[dx100uk]

can we see the org letter you sent please

 

dx

[anney63]

Santander & Halifax are really hard to crack I'm working on a couple at the moment . Really wanted to get this sorted as my nephew isreally going through a hard time divorce etc but looks like Ombudsman case. Yet it was sold in store. I have written another letter but not sent yet think I'm clutching at straws they are just playing for time

[anney63]

Any more news on Lloyds DX

[dx100uk]

Any more news on Lloyds DX

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?378821-LloydsTSB-Loan-PPi&p=4120422&highlight=ppi+success#post4120422

[dx100uk]

to me this is a clear case of the sales person making a buck under commission

 

he was told where to sign, he was told it was compulsory.

 

what ever else happened or didn't is immaterial.

 

that blunt reply from them stinks of a brush off

 

try that lloyds letter.

 

dx

[anney63]

Thanks Dx I will looks good to me.

 

Can we take this to FOS it was taken out in 2001

 

I also believe it was originally a GE Account taken over by Santander

 

so how can they know what processes were in place all very confusing .

 

I'll post my letter up when I have completed it and maybeyou can tweak it for me I'm not the greaest letter writer more an accounts person

[dx100uk]

the FOS have NOT said they would routinely reject complaints outside of any timescale.

 

infact i think they'd side with you in this case.

 

dx

[anney63]

Well DX I have been looking at a few other Store Cards via Santander pre 2005 and find that Genworth are the people to go against so I am going that route and see what happens .

[anney63]

Letter from genworth.

I write futher to your correspondence realating to PPI . I am sorry for the inconvenience that you have experienced to date.

Some time ago we advised you that we were awaiting direction for cases such as yours from FOS

In order to dteremine potential redress which may be due to you, Genworth will now write to the seller of the policy to obtain details on th policy, including details of premiums you have paid. It is anticipated that this process should take approximately 2 weeks

 

Once we have details required to assess your complaint further we will be in touch with you.

 

Not sure how to look at this could be promising at least its not a NO

[anney63]

If Genworth pay does it mean they pay the compound interest or just the 8% I have been looking at other threads and it looks like they just pay the premiums plus 8 % is this right

[ericsbrother]

it is simple interest of 8% per year.

[dx100uk]

sri

no if its a credit card under FOS guidelines

it is compounded int

 

dx

[anney63]

So may be lucky. I'm going to try with Cigna and Ge at the weekend send to FOS always worth a try

[anney63]

Its a store card so same as Credit Card so Compound interest then !!!

[anney63]

Letter received from Genworth redress doesnt look right can you advise response please.

[dx100uk]

where are you figures?

 

dx

[anney63]

Sorry DX

[dx100uk]

is the card still running?

 

dx

[anney63]

Yes but santander cancelled ppi when I claimed against them I think about January they refused the claim so tried Genworth !!!

[dx100uk]

that's ok

 

you need to write back simply saying that

they have seemed to have forgotten that

the account was a credit card

 

so the 8% stat int does not apply.

 

the interest should be at the card rate and compounded

 

dx