Help/Advise with M&S PPI claim

[loopy-loo]

Hi everyone, I recently submitted a claim to M&S for mis-selling of PPI insurance againstmy charge card (this was later changed by M&S to an &More Money credit card around 2003/04).

 

My complaint highlighted that I took out the card in 1995, the application was made in store (hurried at a till point), I was not informed PPI was optional and that I was told it was compulsory. I became aware in 2008 that PPI was not a compulsory requirement for anystore/credit card so I therefore cancelled it immediately. I pointed out that I had previously requested a copy of the credit agreement but received the application form which compounded the mis-selling in that I worked less than 16 hours a week and was single, I therefore did not meet the requirements of the insurance T&C at the time the application was made this rendered the policy useless.

 

M&S have responded rejecting my claim citing that:

 

1. The application was completed in an M&S store; no financial representatives were present so noadvice about the merits of this policy could have been given by our staff.

 

2. The nature of the sale was non-advised so we did not assess whether the policy was suitable for you.

 

3. The information about the insurance was stated on the application form and the related literature.

 

4. In the PPI section of the application form, the box to select PPI has been ticked. Your name and date of birth has beencompleted and the box shows that the insured is the main applicant has been ticked. Therefore it would appear thatyou read and understood the PPI section of the application and wanted the policy to be applied.

 

5. As you were able to choose whether to take PPI during your application this confirms the policy was optional.

 

6. On the application formwe also offered another product Card Safe which you have not chosen to take. This indicates that you were aware of the choices available to you.

 

7. By signing the overall application form, you confirmed you were happy with the content, including PPI terms and conditions.

 

8. At the time you tookout the insurance you were employed as XXXXXXXX you were therefore eligible as you met the employment criteria.

 

9. Policy documents were issued to you detailing the terms and conditions, costs, benefits and exclusions. These should have been reviewed to ensure the cover was suitable.

 

10. Updated policy documents were sent to you on a regular basis.

 

11. PPI was offered to self employed customers to cover their monthly repayments should the unexpected happen.

 

12. In May 2003 we wrote toour customers who had PPI to inform them the cost of insurance was increasing.

 

13. During September 2003 we wrote to you to inform you that we were transferring your charge card account a credit card account unless you informed us otherwise.

 

14. The policy was charged monthly basis for 12 years and detailed on your monthly statements.

 

15. It is the responsibilityof the insured to notify the insurer of any changes in circumstances asdetailed in the policy documents.

 

I did forget to include in my letter that when the application was made in store, I completed the personal information on the form which included my name, address, employment and bank details, I clearly choose not to opt for any insurance leaving the insurance sections blank, I intended paying my bills in full each month upon receipt of my monthly statement (which I did for at least the first 5 years), I signed the form and handed it back to their member of staff (witnessed by an old work colleague – not sure if they would remember now). At this point their staff member stated the insurance was a compulsory requirement of the application process, I took this as read and did not question this at the time (stupid me). It is evident from the form that the PPI section and other crossed out parts of the form are written in an entirely different handwriting to mine and that it was an M&S member of staff who completed these sections after having told me it was compulsory, I also question M&S’s integrity in that the actual birth date is written backwards in the PPI section.

 

I am not sure how I should proceed; any help/comments would be appreciated.

 

Many thanks Loopy-loo

[ims21]

Have you got copy of the form then? If this shows that part of it is in a different hand then this gives you some good ammo to use against them.

[loopy-loo]

M&S kindly provided me with two copies of the form.

[ims21]

If it were me I'd write back to them pointing out that their response does not address the core issue and therefore is nonsense for the most part.

 

Ask them to put in writing how they account for the fact that you signed an agreement without the PPI selection completed and yet by some mysterious means a different hand has completed the PPI section.

 

I would think that this aspect alone is good for a referral to fos (not the PPI matter yet though) to point out that it appears that a different person appears to be responsible for amending consumer credit agreements and that you feel this needs to be brought to the attention of the fos.

[Cynewulf]

I had a very similar experience. A contemptuous brush-off letter from M&S "rejecting my claim". So I contacted the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR. Tel No 020 7093 7372. They are very courteous and helpful. That was back in Autumn 2012. They warned me it might take some time to get a verdict. They kept me updated, and a couple of weeks ago l got a letter telling me that due to their involvement M&S will be offering me compensation - and that it will effectively put me in the position I would be in if I hadn't taken out the PPI policy. Since it dates back to 1987 it may cost them a few bob ! It will take another 6-8 weeks before I know. So don't be fobbed off - go for it. Be persistent, patient and polite.