Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

[Paul210]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

There was a case on this which a bank lost. I think it was this one, Yates v Nemo, all to do with breach of fiduciary duty. http://www.legalbeagles.info/forums/...highlight=Nemo

also worth looking at Wilson & Another v Hurstanger Ltd [2007] EWCA Civ 299

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

There was a case on this which a bank lost. I think it was this one, Yates v Nemo, all to do with breach of fiduciary duty. http://www.legalbeagles.info/forums/...highlight=Nemo

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

This is the thing, if you trusted a bank to look after your interests and they "recommend", "strongly recommend" and you take it out, how can any rational human being not think that was not anything but an advised sale.

Absolutely. I have had a letter from Marbles telling me that because the bank were selling on a non-advised capacity that they are not liable. I take this to be a braech of their fiduciary duty then, since they did not disclose what commission they earned from the sale of the PPI at the time.

They can't have it both ways.

[nelliewops]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Well I spoke to M&S money and asked them to re-open the complaint and they asked me why. I said that in their final respsonse they had included a copy of the original application to prove I had signed the form in regard to PPI. They said yes that was the point in sending the copy. I asked them what they thought "stongly recommend" meant in the context of the PPI. They replied that no advice was given and I thne drew their attention to the fact it was written in bold on the application form they sent me. There was a rather amusing moment of complete silence and then the shutters came down. I was told I had to write in (again) giving all the information I had including laughably me sending the a copy of the copy of the agreement they sent me. I drew their attention to the fact that I would also be including a recent case study of almost identical circumstances on the FOS website where a complaint was upheld and the common failings section 9 piece as well (thanks EXC). They told me they would respond to my re-complaint within 4 weeks. Just posted it recorded delivery so here's hoping.

Good luck with that Steve - hopefully you'll nail it this time with Exc's help

[skv123]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Well I spoke to M&S money and asked them to re-open the complaint and they asked me why. I said that in their final respsonse they had included a copy of the original application to prove I had signed the form in regard to PPI. They said yes that was the point in sending the copy. I asked them what they thought "stongly recommend" meant in the context of the PPI. They replied that no advice was given and I thne drew their attention to the fact it was written in bold on the application form they sent me. There was a rather amusing moment of complete silence and then the shutters came down. I was told I had to write in (again) giving all the information I had including laughably me sending the a copy of the copy of the agreement they sent me. I drew their attention to the fact that I would also be including a recent case study of almost identical circumstances on the FOS website where a complaint was upheld and the common failings section 9 piece as well (thanks EXC). They told me they would respond to my re-complaint within 4 weeks. Just posted it recorded delivery so here's hoping.

Well done with that. I'd fully expect your efforts to pay off. Great assistance from EXC too.

[leclerc]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Well I spoke to M&S money and asked them to re-open the complaint and they asked me why. I said that in their final respsonse they had included a copy of the original application to prove I had signed the form in regard to PPI. They said yes that was the point in sending the copy. I asked them what they thought "stongly recommend" meant in the context of the PPI. They replied that no advice was given and I thne drew their attention to the fact it was written in bold on the application form they sent me. There was a rather amusing moment of complete silence and then the shutters came down. I was told I had to write in (again) giving all the information I had including laughably me sending the a copy of the copy of the agreement they sent me. I drew their attention to the fact that I would also be including a recent case study of almost identical circumstances on the FOS website where a complaint was upheld and the common failings section 9 piece as well (thanks EXC). They told me they would respond to my re-complaint within 4 weeks. Just posted it recorded delivery so here's hoping.

One of the very few times when they have helped your case more by pointing out you signed for the PPI. If the wording is in bold, it screams of advice, lol!! I suspect they might change their minds now.

[stevesouth33]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Well I spoke to M&S money and asked them to re-open the complaint and they asked me why. I said that in their final respsonse they had included a copy of the original application to prove I had signed the form in regard to PPI. They said yes that was the point in sending the copy. I asked them what they thought "stongly recommend" meant in the context of the PPI. They replied that no advice was given and I thne drew their attention to the fact it was written in bold on the application form they sent me. There was a rather amusing moment of complete silence and then the shutters came down. I was told I had to write in (again) giving all the information I had including laughably me sending the a copy of the copy of the agreement they sent me. I drew their attention to the fact that I would also be including a recent case study of almost identical circumstances on the FOS website where a complaint was upheld and the common failings section 9 piece as well (thanks EXC). They told me they would respond to my re-complaint within 4 weeks. Just posted it recorded delivery so here's hoping.

[leclerc]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

This is the thing, if you trusted a bank to look after your interests and they "recommend", "strongly recommend" and you take it out, how can any rational human being not think that was not anything but an advised sale. Had they said, "hang on a minute, you have a pre existing medical condition and this might not be good for you."(like they would do since loan plus PPI equals more bonus or loan without PPI might mean less £££). It's playing semantics and its a game that realistically is a load of crap. I recommend you challenge their rejection.....is that advice or not?

[dogtired]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Similar thing but I am now awaiting the settlement from M and S!
This was one that was sold to a collection company and that I was able to settle out of my NHS lump sum.
They did try to get out of it initially but I had kept all he forms and like yours it was "strongly advised"
They "declined t comment" on the issues raised in th form I returned but just a happy bunny that I am getting something!
If only I could sort out HSBOS and Cabot I would be even happier!:beagle:

[EXC]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Fellow beagles, got home tonight to see a letter from M&S money, yay I thought. Claim rejected, basically on my complaint I said it had been an internet application and it was not - so my mistake. So out of hand on that basis they have said that the sale was 'non advised' therefore no advice or reccomendation could have been given as they were not present and I filled the application in in my own time. They have even sent me the copy of my signature on the application form beside the PPI bit, where it says they "Strongly reccomend that I take out the cover by signing below", that sort of seems like advice, maybe even strong advice. The application was from 2004. Would be really grateful for advice as I cannot figure out why they put this on hold if they were always going to reject it, but also how can they say that they did not reccomend the policy. Any advice would be much appreciated. Should I write back to them or go to the FOS?

M&S Money B*****S

There is an FOS case study that upheld a complaint partly on the basis that an application form stated that "we strongly recommend that you take out payment protection cover" and they concluded that ''we were satisfied that it was reasonable for Mrs B to think that the financial business was providing her with advice about what she should do, even if that was not its intention.''

Case study 2 payment protection insurance (PPI) case studies

It may be that the small print on the application says something like ''anything said in this application does not constitute advice'' so if M&S are saying that ''recommending'' is not '' advice'' then it must be opinion, which may be caught by Common Failing 9 of the FSA Policy Statement (Failings specific to non-advised sales) ''gave advice to the customer regarding the policy (e.g. expressed an opinion on the merits of buying the policy).

Page 138 http://www.fsa.gov.uk/pubs/policy/ps10_12.pdf

I would think it's worth going to the FOS with it.

The FSA published a brief guide to the insurance industry as to what constitutes advised and non-advised sales http://www.fsa.gov.uk/pubs/other/factsheet_sales.pdf

[cappo]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

whats bizzare is the audacity they clearly know that they flagrantly advised the sale and to rub salt into the wound they even sent me the copy with that bit on it. I always thought HSBC (M&S) would be the rotten apple in the cart and oh so true.

They always are, i've got 7 cases with them all sold over the phone,exactly the same way, and told i had to take ppi to get the loans/credit cards but i've got this nonsense to come from them yet.

[stevesouth33]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

whats bizzare is the audacity they clearly know that they flagrantly advised the sale and to rub salt into the wound they even sent me the copy with that bit on it. I always thought HSBC (M&S) would be the rotten apple in the cart and oh so true.

[cappo]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Fellow beagles, got home tonight to see a letter from M&S money, yay I thought. Claim rejected, basically on my complaint I said it had been an internet application and it was not - so my mistake. So out of hand on that basis they have said that the sale was 'non advised' therefore no advice or reccomendation could have been given as they were not present and I filled the application in in my own time. They have even sent me the copy of my signature on the application form beside the PPI bit, where it says they "Strongly reccomend that I take out the cover by signing below", that sort of seems like advice, maybe even strong advice. The application was from 2004. Would be really grateful for advice as I cannot figure out why they put this on hold if they were always going to reject it, but also how can they say that they did not reccomend the policy. Any advice would be much appreciated. Should I write back to them or go to the FOS?

M&S Money B*****S

If they strongly advised you to take out the insurance (even on paper) steve then the sale was advised as they advised you to take it out,you have a rejection,take it to the fos now,you could contact m&s and bring up this point with them but it'll probably do no good,good luck mate.

[stevesouth33]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

Fellow beagles, got home tonight to see a letter from M&S money, yay I thought. Claim rejected, basically on my complaint I said it had been an internet application and it was not - so my mistake. So out of hand on that basis they have said that the sale was 'non advised' therefore no advice or reccomendation could have been given as they were not present and I filled the application in in my own time. They have even sent me the copy of my signature on the application form beside the PPI bit, where it says they "Strongly reccomend that I take out the cover by signing below", that sort of seems like advice, maybe even strong advice. The application was from 2004. Would be really grateful for advice as I cannot figure out why they put this on hold if they were always going to reject it, but also how can they say that they did not reccomend the policy. Any advice would be much appreciated. Should I write back to them or go to the FOS?

M&S Money B*****S

[Paul210]

Re: Latest Update on PPI Judicial Review - NO APPEAL - get your claims in......

That does seem to be he way with Cabot, they arent the most popular company ive come across, hopefully i'm wrong in this case and BOS pay you direct.