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Marks & Spencer Bank (HSBC) reclaiming PPI Payments


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I am in the process of reclaiming PPI payments from M & S from 2002 to 2010;

while discussing the balance of my account in 2012 with a customer service advisor

I said I intended to reclaim those insurance payments at a later date.

Over the next couple of years I was fully occupied dealing with debt collections agencies and my mortgagors

and only made a formal request for a refund on the 8th of September this year.

After lots of telephones calls and a couple of letters it's apparent that M & S undertook an investigation into my PPI at their own behest in 2012,

after I had casually mentioned it while discussing my account balance (see above); rejected my claim,and failed to notify me of any of this.

They have now (as they say) re-investigated my claim,

another rejection,

on the basis I ticked the PPI box and met the criteria;

I have a copy of the agreement, the PPI box is ticked,

however is does say I have to be in permanent employment and working over 16 hours to claim on the policy.

I am self employed, have been for over 25 year, therefore not 'permanently' employed; yet M & S say this policy covers the self-employed.

About to start the battle with M & S, have an idea it will be lengthy and protracted.

Furious.

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so did you do a spreadsheet & fill out the FOS questionnaire?

 

 

you ideally should not be talking on the phone either.

 

 

their PPI kight well cover Self employed

 

 

but

you'd have to close the whole business and fwd tax returns to claim on it.

 

 

if you were say a driver or not the owner

 

 

then it was mis-sold

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX

 

they have sent me a copy of the agreement which shows I ticked the box and signed the form accepting PPI;

 

 

however a closer inspection of the terms and conditions states clearly to claim on the insurance

you have to be in permanent employment and work at least sixteen hours a week;

 

 

I have been self employed for almost thirty years and took jobs on an ad hoc basis.

Given those circumstances the PPI could not have covered me.

 

I completed the questionnaire on the phone ,

however I am now about to send off a SARS request and a strong letter of complaint then will consider my next move.

 

Absolutely right, I should know better than to discuss anything with them on the phone not thinking clearly.

 

I have checked the definition of 'permanent employee' and do not qualify as one.

 

Thanks

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look like you should be ok then to challenge this

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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dx

 

I hope so

 

 

I could not have read the terms and conditions before ticking the box for PPI;

 

 

would never have done that if realised it would never have covered me.

 

 

Also cannot believe they undertook an investigation two years ago with no information from me

and failed to advise me they had done so;

 

 

they admit in their covering letter they should have written to me and state clearly they did not yet cannot explain why.

 

 

Thanks

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I think they were ordered to undertake reviews of ALL PPI accounts whether or not a claim had been made, bubbsie. I think you need to persevere, there have been several caggers where they were originally told they didn't have a claim who stuck to their guns and were eventually paid out.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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in the unemployment benefits section of the ppi t&cs

 

does it state what the terms are for the self employed to make a claim for the unemployment benefits?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Thanks citizenB

 

 

I will be sticking to my guns...had pretty much the same with Barclaycard...however in the end they paid out.

 

 

Yes I can see some logic in reviewing possible PPi claims...however to investigate without any information from the customers concerned and then fail to tell them of their decision is unacceptable.

 

 

Thanks

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Hi theoldrouge

 

 

despite asking for the terms and conditions (told them I would scrutinise them in detail) all I have been sent is the application form completed with the box for PPI ticked and signed by me. Marks & Spencer sent the usual letter...' this was an internet application therefore a non-advised sale' etc etc.

 

 

In the box for PPI there is a small declaration that states ' to claim PPi you must be in permanent employment and working at least 16 hours a week' I am self employed and have been for almost thirty years and some weeks may work 30/40 hours per week other weeks could do absolutely none.

 

 

I am going to write and ask for a full copy of the terms and conditions, surely just a 'coincidence' they failed to send the full terms and conditions to me as requested.

 

 

I've read several posts on CAG where other members have received the same letter as I have rejecting their claim, can't believe they think they can get away with it.

 

 

Thanks

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The point to look out for is

 

The t&cs attached to a s/e claim for unen policy benefits

 

We're these terms more onerous than for someone who

 

was employed that would then be your

 

reason for policy unsuitability

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Hi

 

whole point is they haven't sent me the terms and conditions,

 

 

just a copy of application form with a short declaration stating you have to be in permanent employment;

self employed so not in permanent employment.

 

Will be firing off a letter tomorrow telling them I want the full policy details;

made it clear when I spoke to them I wanted a copy of the policy,

they haven't sent it, delaying tactics hoping claimants give up.

 

Thanks

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What you do need to make clear is that you want the Policy terms and conditions from the date you entered into the agreement.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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The "I wasn't permanently employed because I was self employed" argument will never win.

 

Typically, employment is defined as being an employee or being self employed.

 

The real issue here is whether the policy terms for self employed people would have made it harder for you to claim.

 

Some policies did make it harder and other policies didn't.

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Hi MM

 

 

thanks, certainly some useful information there, however, I do not have the full terms and conditions yet, despite asking for them they were not sent.

 

 

As stated I have only been sent the application, the PPI box is ticked and signed for, however the declaration states must be permanent employee and work at least 16 hours per week.

 

 

Whilst many of my working weeks exceeded 16 hours, during some weeks I had no work.

 

 

I have fired off a letter to Marks & Spencer making it clear I want the full terms and conditions of the insurance policy as previously asked for; and will consider my position then.

 

 

Thanks

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as you were self employed whether you worked one hour or fifty hours is irrelevant

 

as has already been said several times the issue with s/e

 

is whether the terms for claiming the ppi unen benefits

 

was harder (more onerous) than for someone who was employed

 

have a search online to see if you can find the t&cs

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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