M&s Ppi Help Please **SUCCESS**

[EOS-5D]

Hi All,

 

Im in the process of getting the PPI fees back from my M&S credit card, which ive held since 2003. They've sent back a reply initially refusing but Ive sent them a second letter with a bit more information which should swing it back in my favour.

 

My question is, can I CCA them before Ive got the PPI back or do you think its best to leave the CCA request until M&S have refunded the PPI

 

 

Many Thanks

[alanalana]

Hi All,

 

Im in the process of getting the PPI fees back from my M&S credit card, which ive held since 2003. They've sent back a reply initially refusing but Ive sent them a second letter with a bit more information which should swing it back in my favour.

 

My question is, can I CCA them before Ive got the PPI back or do you think its best to leave the CCA request until M&S have refunded the PPI

 

 

Many Thanks

 

Hello eos5d

 

if they have refused the next stage is to gather all the data as applied to you for this loan.

 

Subject Access Request see this link... Full SAR for ppi another one here.....Data Protection Act 1998 - Subject Access Request

 

You should request the following documents:

 

A true copy of your Consumer Credit Agreement with the Terms and Conditions that were applicable at the time you took the loan/card/mortgage.

 

Copies of all statements applicable to the loan/card/mortgage.

 

Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.

 

Copies of all recorded telephone calls or transcripts of the recordings.

 

A copy of the Demands and needs/ customer duty of care questionnaire... here is an example.

 

http://wwwa.mbna.co.uk/insurance/files/CP0608_INSU_MB_LP_S.pdf

 

Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.

 

There is much more information in here that should help you along the way.

 

Mis-sold PPI? Want your money back? use these links to help

 

 

Do not be fobbed off by them citing issues such as relevant filing systems.

 

If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.

[EOS-5D]

Thanks for the reply.

 

Please forgive my ignorance, but why would I want to do this (what does it acheive) and what should I do after this in the 2 outcomes that would follow. I.e The reply with the info within the timescale or they dont reply within the timescale or at all.

 

Again, thanks in advance

[alanalana]

Thanks for the reply.

 

Please forgive my ignorance, but why would I want to do this (presumably to get your money back) (what does it acheive) and what should I do after this in the 2 outcomes that would follow. I.e The reply with the info within the timescale or they dont reply within the timescale or at all.

 

Again, thanks in advance

 

Best initially to try the two suggestions and then make a decision it is a lot better than trying to guess the outcome or try and forecast what you should do next.

 

Best to act and then react.

[EOS-5D]

Hello All,

 

Ive sent M&S Money a letter asking for a refund of the PPI, to which they have refused TWICE and their recent letter is attached.

 

I'll give you the back story:-

 

I was approached by a M&S staff member whilst instore back in 2003, offering me a credit card. I said no intially, but they were quite pushy and offered to fill out the application for me. I said ok and after they filled the form they asked me to sign. I signed twice on the form. Obviously 1 of the signatures turned out to be for the PPI.

I sent M&S a letter a couple of months ago, asking for a refund of the PPI to which they refused because they dont employ staff instore to sell their credit cards and or financial services. Along with this letter they also sent me a copy of the application, which clearly wasnt my handwriting and there was a spelling mistake on my previous address.

I pointed this out to them and they are still insisting that they dont employ staff to give info on their products.

 

Can anyone please direct me as to what I should do next.

 

Thankyou in advance

M&S PPI RECJECT1.pdf

[banker_rhymes_with]

Hello EOS-5D!

 

If M&S want to play games, then I would delve a little deeper into the alleged Agreement itself.

 

Those in-store Application Forms filled out by their own sales staff, were highly suspect. Nobody I know who was accosted by the hard-sell staff saw any Prescribed Terms, and there were no Terms on the rear of those Forms either.

 

The staff were there to hard-sell PPI, and to get people to sign up for both a nasty M&S MasterCard and PPI at the same time.

 

If you have not already done so, I would send them a s78(1) Request, and also a SAR too, so that you get to see the alleged Agreement from two angles. Maybe stagger the requests so as not to alert them.

 

I think you may find that the alleged Agreement itself is unenforceable!

 

Cheers,

BRW

Edited August 14, 2009 by banker_rhymes_with
Typo

[EOS-5D]

Thankyou so much for the reply.

 

No, I havent done either of those things yet as I was waiting to hear back from them as to the PPI.

 

I'll do those now.

 

Cheers

 

E5D

[banker_rhymes_with]

Hello EOS-5D!

 

Great! M&S may well regret being silly over the mis-sold PPI by the time you are finished with them.

 

Be ready for some subterfuge over the alleged Agreement. They will almost certainly send you some current Terms, they will probably span several pages. In addition they may also send you a crabby copy of what may look like an A4 page of Terms they will hope you will think were on the reverse of the Application Form.

 

However, take a damned close look at the above A4 page, and perhaps Post up a copy of that here for beady eyes to inspect! A common trick is to grab any old page of Terms, even ones that relate to Postal Applications. Spot the deliberate mistake there? Yours was an In-Store Application, and the Form will have been geared for their own employees to complete! So, it was never a Postal Application!

 

The Application Form may also have a box for their employee to complete, i.e. some form of employee number etc had to be added, further confirming it was not a Postal Application.

 

But I'm going to spoil all of your fun at this rate! I'd better let you get on and see what they send first!

 

Best of luck with it!

 

Cheers,

BRW

[EOS-5D]

In their 1st reply refusing my PPI claim, they sent me back a copy of my application and it did have an employee number on it so they may well, with a bit of luck, shoot themselves in the foot.

 

Ive tipped your scales for you, and once again, many thanks for your replies.

 

Ive also posted in other threads, could you be so kind as to take a peak when you have a moment.

 

Kind Regards

 

E5D

[EOS-5D]

Hi Again Gang,

 

I need someones help regarding my M&S PPI claim.

 

Ive been playing letter ping pong with them for the last 8 months regarding the PPI which I was mis-sold. Surprisingly they saw the error of their ways and agreed to refund me for the policy. They gave me a choice of applying it to my credit card account or having it paid into my bank account. Half a second later I decided it was wise to have the cash rather than have it applied to my overdue credit card account. I ticked the box that said please pay it directly into my bank account.

 

This morning I received my M&S statement which shows that they have applied it to my credit card account, which was against my wishes.

 

So, my questions are:-

 

1) Can I get them to give me the money rather then being applied to my account

 

2) Have they broken any laws/rules by asking where I want the money and then just deciding to apply it to my account.

 

 

Thanks in advance

 

 

E5D

[steven4064]

In the first instance it is probbaly wise to credit them with making an honest mistake - unlikely, but it is the place to start. Write to them telling them of their msitake and asking them to correct it.

[EOS-5D]

Thank you for your reply Steven.

 

Do they have any legal arguement seeing that my CC account is in arrears to credit this money to my CC account rather than refunding me.

 

Cheers

 

E5D

[banker_rhymes_with]

Hello EOS-5D!

 

Firstly, as Steven says, assume it was an honest mistake and, given that they gave you two options and went with the one you did not opt for, then just write and ask them to try again.

 

Secondly, if the Account is disputed, then I would never accept any repayment of unlawfully mis-sold PPI into that Account, because mis-sold PPI is not an Account in itself, there's no Agreement, and nothing for them to dip into. So...

 

Thirdly, they have no right of Set-Off between a refund of mis-sold PPI funds and a Credit Card Account.

 

Some banks have a Set-Off right between Accounts. For example, if you banked with, say, RBS, and had both an RBS current private bank Account and an RBS private Credit Card, then they would almost certainly have a clause in each Agreement that gave them a right of Set-Off between the two. Arrears on the Card might well be paid if the bank Account has a surplus of funds. Beggar all you could do about it in such a case.

 

But when it comes to M&S, there is no other Account (unless, that is, you happen to have an HSBC Account!). There's nothing for them to Set-Off against. Nothing they would have an automated right to grab, raid and/or dip into.

 

Mis-sold PPI is mis-sold PPI so, if it's mis-sold, then they must repay it. Dumping your money into one of their Card Accounts has no legal validity that I can see.

 

It's not a lot different to them putting a bag of money on your door step, then taking it away to deposit in their own system. Thus, the giving back is one issue, and that's as clear as day that they were in the wrong so must pay you back your money that they took from you. However, the taking "back" of that money once they give it to you, i.e. to divert it into the Card Account is another matter.

 

Technically, I would argue that the moment they agreed to refund your PPI, a sum of your money in their Accounts belonged to you, but it was languishing in their own Account somewhere unidentifiable at that stage. But when it popped up for transfer, the transferring Account would be identifiable within their System. It then became your money while it was in transit, but then instead of appearing where agreed, it was diverted to the Card Account. You gave no such instructions, and they had no right to divert your funds back into their own system again once they had identified where your sum of money was being held by them.

 

When writing to them, I'd say that if your money stays in the Card Account, that you thank them very much for the gift, but what ever they call it, you do not regard that as settlement of your PPI Claim. In the absence of any real money materialising in your own bank Account, then you regard the PPI Claim as outstanding and you would like to point out to them that interest is still building.

 

What ever they have dumped into the Card Account is a gift from them to you, which you accept, that's unless they wish to admit the error, and send those funds to you, all as agreed.

 

Cheers,

BRW

Edited April 24, 2010 by banker_rhymes_with
HSBC Risk

[EOS-5D]

As always BRW, Thank you for your speedy reply.

 

You mention that Credit Card companies that have tie ups with banks can set off money from other accounts to the credit card.

I understand that M&S are owned by HSBC, so would I be right in thinking I should remove any money I have with HSBC because M&S could pinch it for the Credit Card

 

Cheers

 

E5D

[banker_rhymes_with]

Hello EOS-5D!

 

I understand that M&S are owned by HSBC, so would I be right in thinking I should remove any money I have with HSBC because M&S could pinch it for the Credit Card...

 

That's a good point indeed, there's me saying there is no bank Account to dip into, forgetting who is behind the M&S Logo in this case, yep, HSBC!

 

Yes, move the money. I'd keep the HSBC Account, because one day it may be useful to have, once you have fully dumped the M&S Card. In terms of the money, it's never wise to have two eggs on one grasping basket.

 

It may well be that the Set-Off risk is more potential than real, mainly because HSBC try hard to stay firmly in the background, so as not to let slip too often, or too obviously, that they are the ones behind the M&S Card, and not M&S the Grocer that sells the Nation's smalls.

 

I suspect they would be tempted to exercise a right to Set-Off, but may resist that temptation to keep the impression the M&S Card is an M&S Card.

 

But, if you have any funds in an HSBC Account, it's probably not worth the risk that they might, however small the risk.

 

Cheers,

BRW

[EOS-5D]

Cheers Banker!!

 

Enjoy the rest of the weekend

 

E5D

[EOS-5D]

I sent M&S a letter pointing out the error of their ways and got their reply this morning.

 

It said because I am in arrears with the alleged credit card account, as a matter of company policy the refund was applied to said alleged account.

 

It went on to say, however, on this occasion they will deposit the refund into my nominated bank account as soon as possible.

 

Hooray, 1-0 to EOS-5D.

 

BRW, thank you soo much for your help, I couldn't have got that sorted without you.

 

I have had more hassle from them re the l

alleged credit card account. I'll post on the other thread a little latter.

 

 

Cheers for now

 

 

E5D

[citizenB]

So has this refund now gone into your bank account ?

 

Congratulations on getting them to cough up anyway:) I have amended your title to reflect your success.

[EOS-5D]

Hi CB,

 

Yes it did, i was gobsmacked.

 

Thanks for all your all thus far on all my threads

 

Take Care

 

EOS-5D