M&S PPi rejection letter

[spursdebs]

Hi, I am looking for some advice for my friend, he has had a rejection letter from M&S on his claim for miss selling.

I have a copy of his application form, and it is one of those that you ticked if you did not want it this is in 1988.
Now my friend is the first to admit he did not even look at statements did not realise he even had PPI,which is a real shame as he could have claimed on policy when he lost his business and not file for bankruptcy. He had PPI on several loans and credit cards and did not realise on any of them.

Now M&S knew he was in financial difficulties and never once advised claiming on the PPI policy.

Does anyone have any advice for me to continue his claim, I have claimed back successfully from some of the other cards for him, with the refunds going directly to pay the debt off, which is only right, he is not asking for cash for defaulting on his responsibilities, but IF he had known or even realised he had PPI he would have a) claimed and the debt paid off or b) if mis selling proved could have paid the debt of that way.

In my original complaint to them, I had cited that my friend was Self employed and the policy was not suitable for him and also he did not even know he had it, which has been upheld with nat west/ rbs.

Thanks Deb

[di30]

Re: M&S PPi rejection letter

Hi Debs


Well you seem to have done good with the other reclaims, well done and would also continue to give it a try with M/S by stating the same thing to them too.

What you said on your above post, does your friend still have all the paperwork in relation to the account? I note you have the application form.

The fact that he never made a claim where if he had known then I think you could raise this up with them, and show any evidence about the time he went into difficulties, and that if he had known he would have preferred to have made a claim to avoid this happening?

[spursdebs]

Re: M&S PPi rejection letter

M&S sent me a copy of the application form, and I have several default notices on the account they sent, so they knew he was in difficulty, not one suggests claiming on his PPI policy. IF he had realised he would have tried to claim and it would have helped him not to declare bankruptcy. As I said he just did not realise he had it, in his words he opened letters saw the date and amount he had to pay gave it to his wife to do and did not look any further than that. I know hindsight is a wonderful thing, and he has learnt from this very hard lesson!

I will go down this route, they of course are going to fight it as its a 22 year old claim!

Thanks for advice

Deb

[di30]

Re: M&S PPi rejection letter

Good luck Deb, I'm sure you will do good again.

I wonder is a Subject Access Request (SAR) would help?

Where they may send all the info on the account which includes where he tried making a claim - also where it failed.

[spursdebs]

Re: M&S PPi rejection letter

I have today sent of the SAR letter as it cant hurt, and my friend thought it would be £10 well spent, I don't know if I should reply to the rejection letter now or wait till I have received the SAR information back? My thoughts are to wait and see if I can uncover any EXTRA info to help the cause.

The first rejection letter is dated 30th September.

Deb

[di30]

Re: M&S PPi rejection letter

Hi

Have they said on the letter if they closed or finalised the complaint?
Or have they given you the opportunity to write with further information?

[PlanB]

Re: M&S PPi rejection letter

I am looking for some advice for my friend, he has had a rejection letter from M&S on his claim for miss selling.

I have a copy of his application form, and it is one of those that you ticked if you did not want it this is in 1988.
Now my friend is the first to admit he did not even look at statements did not realise he even had PPI,which is a real shame as he could have claimed on policy when he lost his business and not file for bankruptcy.

Now M&S knew he was in financial difficulties and never once advised claiming on the PPI policy.

Sorry to intrude but can you clarify whether this store card opened in 1998 was eventually substituted with a MasterCard in 2003/4. The legal issues may change (in a good way ) if that was the case.

[spursdebs]

Re: M&S PPi rejection letter

Sorry to intrude but can you clarify whether this store card opened in 1998 was eventually substituted with a MasterCard in 2003/4. The legal issues may change (in a good way ) if that was the case.

Hi yes it was a charge card that was originally taken out and then they M&S changed it to a credit card.



Deb

[FlamingParrot]

Re: M&S PPi rejection letter

Hi yes it was a charge card that was originally taken out and then they M&S changed it to a credit card.

So it would have been one just like this one: http://www.bbc.co.uk/news/business-17670803 :grin:

Implications for M&S

Santander's defeat could affect food and clothes retailer Marks & Spencer.

Its card business, which is a wholly owned subsidiary of HSBC bank, had instigated a wholesale conversion of 2.6 million of its store cards to credit cards in September 2003. By October that year, the OFT had taken a dim view of this as well. Marks & Spencer, like GE Capital, had been telling its store-cardholders that their cards would be upgraded to credit cards automatically.

M&S was forced to step back, and to make clear to customers that if they wanted to keep their store card, they could simply ignore the new bit of plastic that had fallen, uninvited, through their letter box.

On the specific point at issue in Diana Mayhew's case, M&S declined to say whether it had supplied all its cardholders with updated terms and conditions at the time of the upgrade. How many of these upgraded cards are still in circulation?

I have a copy of his application form, and it is one of those that you ticked if you did not want it this is in 1988.

Now my friend is the first to admit he did not even look at statements did not realise he even had PPI,which is a real shame as he could have claimed on policy when he lost his business and not file for bankruptcy. He had PPI on several loans and credit cards and did not realise on any of them.

Was this debt included in his bankruptcy?

[spursdebs]

Re: M&S PPi rejection letter

So it would have been one just like this one: http://www.bbc.co.uk/news/business-17670803 :grin:


Was this debt included in his bankruptcy?

Yes it was included. What he would like if I can prove the miss selling is to pay them what is due and it will show as settled on his credit file.
Which is what happened with RBS £17k worth of debt repaid. He had no idea he had PPI on any of his accounts or would have claimed when he was made redundant.

Deb

[spursdebs]

Re: M&S PPi rejection letter

[QUOTE=di30;381945]Hi

Have they said on the letter if they closed or finalised the complaint?
Or have they given you the opportunity to write with further information?[/QU


"Whilst I accept that this letter will not provide the response that your friend had hoped for, I trust that I have been able to clarify our position.
If your friend is not satisfied with our response, they have the right to refer their complaint to the FOS2

Deb

[FlamingParrot]

Re: M&S PPi rejection letter

Yes it was included. What he would like if I can prove the miss selling is to pay them what is due and it will show as settled on his credit file.
Which is what happened with RBS £17k worth of debt repaid. He had no idea he had PPI on any of his accounts or would have claimed when he was made redundant.

If the debt was included in the bankruptcy, why would he want to pay anything towards it? From the point of view of credit worthiness, bankruptcy is much more serious than any defaults or even a CCJ, why would he care whether a default shows as settled or not? It won't make much difference. :nono: By the time the BR drops off the default should also have been dropped off, 6 years after it was recorded. Defaults drop off regardless of having been settled or not. :thumb:

[spursdebs]

Re: M&S PPi rejection letter

If the debt was included in the bankruptcy, why would he want to pay anything towards it? From the point of view of credit worthiness, bankruptcy is much more serious than any defaults or even a CCJ, why would he care whether a default shows as settled or not? It won't make much difference. :nono: By the time the BR drops off the default should also have been dropped off, 6 years after it was recorded. Defaults drop off regardless of having been settled or not. :thumb:

He knows that, maybe he just wants to do what he sees is the right thing and pay his debts. I know about bankruptcy as I have been there done that now solvent and no I did not pay anything back I waited the 6 years until off my credit file although that took some sorting by creditors not removing debt and in a twist of life my ex husband ex wife had the same name as me and we lived in same road only difference was her house number 26 mine 23 her D.O.B and the spelling of her name Deborah where mine is Debra. I had 14 wrong entries of her stuff on my credit file which took some getting rid off!


Now I always say to people check it sign up for free trail and see what is on your credit file!

Deb

[FlamingParrot]

Re: M&S PPi rejection letter

He knows that, maybe he just wants to do what he sees is the right thing and pay his debts. I know about bankruptcy as I have been there done that now solvent and no I did not pay anything back I waited the 6 years until off my credit file although that took some sorting by creditors not removing debt and in a twist of life my ex husband ex wife had the same name as me and we lived in same road only difference was her house number 26 mine 23 her D.O.B and the spelling of her name Deborah where mine is Debra. I had 14 wrong entries of her stuff on my credit file which took some getting rid off!


Now I always say to people check it sign up for free trail and see what is on your credit file!

Deb

They are no longer *his* debts, once you go bankrupt, you wipe off your debts, that's the whole idea. Not to mention the fact that a store card turned credit card wouldn't have been enforceable in court anyway, as they were all converted into credit cards without following the legal process and getting clients to sign new agreements, as per the case quoted above.

The M&S cards are currently run by HSBC, one of the world's largest banks. He has to ask himself whether it's worth paying a penny back to such in$titution$ when the money isn't even owed anymore. Banks "lend" money merely by making an entry on a database rather than by giving you some of their own money. Most of the money they "lend" is actually created from thin air so to speak. Banks such as HSBC also pay HUGE bonu$e$ to those who work for them, why would anyone be concerned about paying back a debt that no longer exists to one of them in$titution$? I wouldn't! :thumb:

[spursdebs]

Re: M&S PPi rejection letter

They are no longer *his* debts, once you go bankrupt, you wipe off your debts, that's the whole idea. Not to mention the fact that a store card turned credit card wouldn't have been enforceable in court anyway, as they were all converted into credit cards without following the legal process and getting clients to sign new agreements, as per the case quoted above.

The M&S cards are currently run by HSBC, one of the world's largest banks. He has to ask himself whether it's worth paying a penny back to such in$titution$ when the money isn't even owed anymore. Banks "lend" money merely by making an entry on a database rather than by giving you some of their own money. Most of the money they "lend" is actually created from thin air so to speak. Banks such as HSBC also pay HUGE bonu$e$ to those who work for them, why would anyone be concerned about paying back a debt that no longer exists to one of them in$titution$? I wouldn't! :thumb:

I agree with you, I have told him all this ! I would not pay the robbing b*******s a penny back,

I think he feels an injustice as if he had realised and yes I said why on earth did you not check your statements and wonder what it was you are paying he would have made a claim when he was made redundant. And yes I have said MOVE ON don't let it eat you up.

He said he took the card out for his Mrs did not even open the letters just gave them to her to pay so he did not even know it had turned from charge card to credit card.
He included the debt when he declared as it was in his name.

It has been an expensive lesson for him to learn in so many ways!

Deb