Problem with reconstituted document

[FlySi]

This ties in with a thread I have in the PPI forum regarding M&S. The OH and I have received a reconstituted application form and agreement from M&S for an old Personal Reserve account. It was opened in the mid 1990s. A lot of the information on the form is missing (despite M&S having the information on their computer systems).

The big issue however relates to the actual agreement with the terms and conditions. As I understand it a creditor can provide a reconstituted document using information from other sources. The document they've sent however refers to the complaints procedure: the OH can/could complain to either the GISC (for insurance matters) or the FOS (for other matters). The OH closed the account in early 2000. To my knowledge, neither the GISC nor FOS had responsibility until 2001 (in the case of the FOS it wasn't created until after the account was closed!)

Are creditors allowed to cobble together (for the purposes of a reconstituted agreement) an agreement that refers to bodies that did not exist at the time? Any advice would be useful on how to deal with this.

[miliitant]

Re: Problem with reconstituted document

you need to be contacting the creditor again and asking for A CERTIFIED COPY OF THE AGREEMENT under CPUTR 2008

they will have to have the genuine copy for up to six years after the account was closed

did you do it as a section 77 to 79 CCA REQUEST with a £ 1 fee for a copy of the agreement

[FlySi]

Re: Problem with reconstituted document

It was returned as part of a SAR (with the £10 fee).

The account was closed in 2000 so the genuine copy surely would have been destroyed in 2006 (although when I requested my SAR they returned my original application and agreement from 1986!)

[miliitant]

Re: Problem with reconstituted document

advisers selling PPI still had rules to follow. Most firms or advisers selling PPI would be covered by a code of practice imposed by one of three trade bodies: the Association of British Insurers (ABI), the General Insurance Standards Council (GISC) or the Finance and Leasing Association (FLA).

All three codes of practice required advisers to provide information at the time the insurance was taken out, to help you decide if the policy was suitable for you.

Essentially, advisers and firms were required to cover the same points as they do according to the current rules.
No extra requirements for advice

The main difference between sales before and after regulation is that all sales before regulation were 'non-advised', as the 'advised' regime didn’t come in until regulation was introduced.

So, even if your policy was sold to you before 14 January 2005, if the adviser didn’t cover the points under 'all sales' on the PPI – the rules page, then you may have been mis-sold and should make a complaint.

With advised sales, the adviser must issue a demands and needs statement to show why a particular policy has been recommended and why it is suitable for you.

Firms or advisers giving advised sales must keep records showing that a suitable recommendation was made, and recording any demands and needs that might not have been met.
After the sale