Fashion World PPI

[Maggiebroom]

Hi all,

 

I have had a Fashion World account for years but have decided to challenge the PPI payments. I am not behind with payments and have no complaints other than I am paying too much PPI and as I am over retiring age, want to claim it back. Not sure how to go about this as I want to make several points in the letter. I don't remember signing for PPI.

 

1) I want to cancel the PPI as I am retired and don't think I qualify.

2) I want to claim all the PPI back since retirement age.

3) I don't have a copy of the T & C's.

 

I guess I should ask for the CCA and T & C's and then take it from there.

 

Does anyone have a template letter I could expand on? Or would the standard CCA request be good enough? Perhaps I should cancel the PPI first and then take it from there. Any advice welcome.

 

maggiebroom

[Maggiebroom]

I have decided to cancel the PPI and then depending on what answer I get to request a CCA and T & C's

 

Perhaps they may even agree with me; cancel the payments and then refund what I am owed. That will save a lot of fuss if they do.

 

I can dream can't I. However that is the way I have decided to go.

 

maggiebroom

[dpick]

Hi maggie if I am right Fashion world are part of Littlewoods group or JD Williams. If your account is more than about 2 years old I would be very surprised if the had a signed agreement. So no signed agreement no agreement to charges PPI etc.

 

So I would do both CCA and SAR, they will try to send you a blank agreement with your name and address details hand printed on it but no signature and the usual guff about this is your agreement that was sent to you at the start of your account etc.

I started on both JD and Littlewoods JD settled and Littlewoods wrote off the debt.

 

all the best dpick:)

[Maggiebroom]

Thanks dpick

 

I thought they were part of the Littlewoods gang.

The request to cease PPI (Peace of Mind payments) will go off tomorrow. Then I shall request CCA and T & C's depending on their reply.

My account is years old, well before 2000. Their very old T & C's that I did manage to find say that they will honour claims up to the age of 70, but you have to be employed part time for at least 16 hours per week. I am neither, so my PPI is invalid.

 

There aren't many threads on Fashion World so that bodes well for the way they treat their customers. I have always found them to be good with my account. Let's hope they are just as reasonable with repaying the payments I have made since I retired.

 

maggiebroom

[Maggiebroom]

Thanks dpick

 

I thought they were part of the Littlewoods gang.

The request to cease PPI (Peace of Mind payments) will go off tomorrow. Then I shall request CCA and T & C's depending on their reply. That will also mean a SAR request.

My account is years old, well before 2000. Their very old T & C's that I did manage to find say that they will honour claims up to the age of 70, but you have to be employed part time for at least 16 hours per week. I am neither, so my PPI is invalid.

 

There aren't many threads on Fashion World so that bodes well for the way they treat their customers. I have always found them to be good with my account. Let's hope they are just as reasonable with repaying the payments I have made since I retired.

 

maggiebroom

[Maggiebroom]

I have double posted. Sorry folks the second reply is the valid one.

[Maggiebroom]

A lengthy reply from Fashion World:

 

Dear Maggiebroom

 

We are writing in response to your letter of 12th March 2008.

At the time you set up your Fashion World account on February 1991, you entered into a contract with us for our peace of Mind Plan insurance policy which was included as a protection policy for account holders and their Husband/partners against redundancy, hospitalization, sickness and included cover in the event of the account holders death. The protection was not compulsory and it was possible to opt out of this at any later stage.

 

We enclose copies of documents of the type that were sent to you in the first statement you recieved after your account was set up. These documents clearly show that the insurance was optional and also give terms and conditions of the policy for you to read and ensure that is was satisfactory to your requirements.

 

After 17 tears we do not have copies of the documents printed with the Fashion World title, but we do have copies from J.D.Williams & Company Ltd, an associate company of Fashion World and confirm that the text is identical.

 

Subsequently, it was shown as a separate charge on every statement sent to you since then of which you received 201, until you cancelled the policy.

 

It was possible to cancel this plan at any time during that period by a simple phone call or to query what the charge with one of our Customer Services Advisors. We included full terms and conditions within the policy charges of your catalogue which was sent to you twice each year to cover Spring/Summer (in January) and Autumn/Winter (in August).

 

We made changes to the peace of Mind Plan terms and conditions in January 2001, December 2001, March 2003 and January 2005 and on each occasion notified you of the changes with a message on your statement and a leaflet detailing the changes inserted in the statement a month prior to the change. You were advised to read the terms and conditions in the back of your catalogue to ensure that the plan continued to meet your needs.

 

You seem to believe that the policy was missold to you due to the fact that you are now retired. We can advise that the POMP policy does provide cover for retired customers in that if you do not qualify for unemployment cover we offer an alternative benefit of hospitilisation cover should you be hospitalised for a specified length of time. This benefit is not available to employed customers.

 

You were notified at the start of the policy that it was optional and given details of how to cancel.

 

You have received 201 separate statements from us, which have shown the premium charge as a separate line over the 201 years ( I think they mean statements here, even I do not claim to be that old.) you operated your credit account with us and as you have never questioned this charge we consider that this constitutes acceptance of the policy.

 

This is our fnal response in this matter, If you are not satisfied with our response, you have the option of referring your complaint to the Financial Ombudsman Service within 6 months of this letter although as the sale occurred before they took over jurisdiction of this type of Insurance in january 2005, they may not be able to assist you.

 

We will consider this complaint closed if we do not hear from you within 8 weeks of the date of this letter.

 

 

Yours etc.....

 

What a snotty letter. All I was querying was the amount I have paid since I retired in 2002. The terms & conditions they sent state clearly.:::

 

Exceptions

 

5. unemployment after the insured customer has attained normal retirment age at the insured customer's place of work.

 

I also had no idea I had been with them that long. The T & C's do state that the POMP covers up to the age of 70. so I am not sure how I stand with this one.

 

Should I still send for the CCA? I have no intention of not paying what I owe, I am just not sure if I can claim back the PPI from when I retired.

 

Any advice please?

 

maggiebroom

[mickeybroom]

Anyone any advice on the above please??

 

Sorry again this should be from maggiebrom

[NORTHERNGUY]

I've written off something similar to Littlewoods group(not retired etc , accounts in order) and they have written back saying go way , but we want you too fill a form in too prove you had adequate cover.

Anyway the next step would be too write and say we don't agree and you have 14 days to reconsider and treat as a formal complaint , if they come back and say still no then complain to the f.o.s as you would have completed there complaints . Look at Martyn Lewis's site as he has some templetes.

Good luck.

[Maggiebroom]

Thanks Northernguy

 

No form to fill in but I was miffed at their attitude. I shall try Martin Lewis site for templates.

 

I only want payments back from when I retired in 2002. Even though they say the cover goes up till the age of 70, the exemption does say ( 5. unemployment after the insured customer has attained normal retirment age at the insured customer's place of work.) I didn't use the account for some time and only started last yearagain, so there wouldn't be much to claim anyway.

 

Many thanks

 

maggiebroom

[mickeybroom]

This is my reply to Fashion Worlds iffy letter.

 

Thank you for your very informative letter dated 17th March 2008. I would like to make it clear that I do not wish to claim back Peace of Mind payments made up until my retirement in 2002. I am questioning the payments made since that date. Your T&C’s clearly state under Exceptions:

5. unemployment after the insured customer has attained normal retirement age at the insured customer’s place of work.

I had to take medical retirement in 2003 and since that date have had no employment. I now rely on the state pension, and a small works pension, which is why I am querying these POMP payments. I have to budget carefully now and therefore see no point in paying these payments if I no longer qualify for the insurance. I intend to make a claim for any payments made since I retired, which do not cover me for insurance.

I have no intention of not paying what I owe; I merely seek to reduce the monthly outgoings I make on my meagre pension. I do not see this as an unreasonable request, and would be grateful if you would look carefully into my circumstances and cancel the POMP payment plan forthwith. I would appreciate written confirmation that these payments have been cancelled.

I trust you will give this matter your urgent attention.

Yours faithfully

 

Anyones thoughts gratefully accepted.

 

maggiebroom

[mickeybroom]

The above should be posyed by maggiebroom. My mistake.

[dpick]

Hi maggibroom have you received a copy of your agreement yet as no agreement, no agreement for PPI, interest etc.

 

dpick:)

[mickeybroom]

Hi dpick

 

That was my next move. I just wanted to see what their answer would be to my inital enquiry but now they have sent such a snotty letter, I will be going the CCA route and see what that brings up.

 

maggiebroom

[Maggiebroom]

I keep posting in hubbies name. I must remember to check the login before I post.

[Maggiebroom]

Update

 

Letter from Fashion World

 

Dear maggiebroom

 

I am in receipt of your letter dated 2nd April 2008 which I recieved today, with regard to Peace of Mind Plan on your account and other matters.

This letter hads been passed to our complaints department for further investigation and they will respond to you within eight weeks.

We enclose a copy of Home Shoppind Direct Insuarnce Complaint Proceedures, which gives information on how your complaint will be p[rocessed through our company.

 

Yours sincerely Carol Carty

 

I have been up to my eyes with other stuff lately and it was only yesterday that I sat and really thought about this letter.

I am somewhat miffed that it will take eight weeks for them to respond to my complaint, as I think they are delaying having to deal with this. They have sent me a new Terms & Conditions for my account, but they are vaild from 9 May 2008 and even so, surely they will not be valid as the terms and conditions that are valid, date from when I opened the account (17 Years ago) These conditions clearly state that their exemptions include one (no 5) that does not pay out after normal retirement.

 

I have a mind to challenge them on this point and will be sending an SAR request, but not a CCa request as I have already stated that I am willing to pay what I owe. I have been paying peace of mind since it came into play (not sure when).

 

I am only querying that I have paid for insurance that is not valid for me, and I want to claim back the payments from when I retired in 2002

Is there a template letter for just such a thing or will I have to write one using bits from other letters. I have trawled the site looking for letters to hijack (with permission of course) but this site is so big now I cannot find anything suitable.

I would be very grateful if someone can point me in the right direction or has a letter I could adapt and use.

 

I did notice on Fashion Worlds last statement that they had taken me off the POMP which is what I requested. However they did not let me have that in writing. I think another letter to that effect is due to them.

 

Anyone got any ideas?

 

maggiebroom

[Maggiebroom]

Update again

 

I have had a reply from Fashion World Ltd (JD Williams) with a five page form to fill in regarding proof of who I say I am.

 

What complete b....... When I started this account 17 years ago I was another name. I have since married and so there is another name. I have a funny feeling this is going to drag on and on.

They also state that they have forty days from receipt of this form to supply the data, even though my original request was on the 16th April. I think this form is a delaying tactic, and I shall query that very strongly. They also say that under section 8(2) of the DPA they can refuse the information if the request means they have to employ "disproportionate effort". I shall reply to the effect that the forty days runs from my original request (16th April) and that is my timeline. If they will not supply my data then I will be issuing an LBA.

I take this to mean that they can refuse to supply the info if it will take too much trouble to find my records.

 

Does anyone have a take on what the DPA covers and if they can actually refuse to supply me anything I ask for if they cannot be bothered to find it? Does the Freedom of Information Act come into this? Obviously they have kept my £10 cheque though they have stated they will hold this until they have the information to supply.

 

Anyones thoughts gratefully accepted? I would much appreciate any inside thoughts on the DPA or the Freedom of Information Act. Is there anybody out there who has extensive knowledge on ther DPA and what it entails?

 

maggiebroom

[dpick]

Hi I would just send letter to say that you recognise this as a delaying tactic as they have always been able to send their threatening letters and demands for payment to this address and timescale is from their receipt of the original letter etc.

 

dpick:)

[Maggiebroom]

Hi dpick

 

I have drafted a letter which will go off tomorrow stating exactly that. It is a delaying tactic and I have also said that I will give them an extra seven days from the date of my original request, to get their act together. I know this is not what should happen but if this matter ever goes to court it will be proof to the judge that I have been reasonable with them.

Don't forget I have declared my intention to pay for the goods received, but that I want the payments to PPI back from when I retired from full time employment in 2002.

 

I am still fuming at the gall of these people to treat us as underhanded. They send me a statement every month and they get paid every month, Is that not proof enough of my identity. They would have cause to complain if I had stopped paying, which I haven't. Any way rant over

 

maggiebroom

[dpick]

Yep and these twits wonder why so many are now starting to say get stuffed treat me like a person stop the template letters and the threatograms

 

all the best dpick:)

[miss muppet]

Hi Maggiebroom and Dpick, most interested to read this thread, have been wondering what to do next, they (JD Williams)offered me 50% of the POMP but won't supply the SAR without that damn form which requires witnessing of my signature, as you say timewasters for want of a less polite word and I don't owe them any money, just trying to get up the steam to raise court action, is NI better Dpick and about how much are we talking?

[Maggiebroom]

Hi Miss Muppet

 

I think their forms are a time waster and I have said so in my letter back. I have also stated that the time is 42 days (no more), and that after that I will send them an LBA and report them to the ICO. They have already been fined for this too so they should comply within the time frame.

 

An NI was for me the better way to go when I challenged the bank for my bank charges return. You can fit more detail on an NI. The cost was £100. I think it is the same if you use MCOL (Money claim on line). If successful you do get it back though. It was certainly the best way for me and you can download the form when you have filled it in. You can't save it though so you have to get it right then print it off.

 

It is your choice though. Loads of people have used MCOL, and loads have used an NI. I believe most have been successful like myself, apart from my poor hubby whose case was stayed two days after the OFT case was announced, and now has to wait for the results of the test case.

 

Good luck with whatever you do. Like you I am up to date with my payments.

 

maggiebroom

[miss muppet]

Thanks Maggie for all the info, have threatened them with ICO but not done it yet, so more letter writing - your letter is excellent too, will pinch that if you don't mind, must say didn't know Littlewoods was part of the same group, going to start on them next, at least it'll buy me a new computer, this one is showing its age!!! Poor hubby, hopefully his claim will be sorted soon!!!

[Maggiebroom]

UPDATE

 

Fashion World have sent me a letter saying they are dealing with my complaint, but I will not hold my breath. As of the 2nd June, and LBA will be issued.

 

maggiebroom

[Maggiebroom]

Surprise, surprise

 

This morning my statements came from Fashion World in record time.

Now I just have to go through them to find out how much to claim back. Perhaps my letter telling them I thought they were wasting time was all it needed to get the ball rolling.

 

Another update when I have more to tell

 

maggiebroom