Can restricted Charge card PPI insurance be transferred to unrestricted &More

[ashlea]

Guys I am new to this forum but could do with a little help with M&S &More card ppi. Original Chargecard purchased 1986 with ppi, suffered injury 1995 made sucsessful claim. Am disabled and have not worked due to injury, employment medically terminated 1997. 2003 unsolicited &More credit card upgrade, cover stated replacement cards, charge cards cancelled, balance automatically transferred to &More account. Rang to complain, told upgrade mandatory, keeping charge card not an option, outstanding balance already transferred & ppi set up, queried ppi due to being unemployed due to disability told ppi set up as I had it on old card.

Defence to ppi claim is no pre existing injury and that ppi falls outside of OFT ruling so the upgrade is to existing insurance product and not a new policy,

PPI continued to cover credit line on same basis as previously is a continuation of cover

Basically can restricted Charge card PPI cover agreed to within a chargecard agreement be transferred to a unrestricted unsolicited credit card?

My view is that if the OFT intended to exempt PPI from their 2003 ruling they would have stated it within their ruling. Surely if PPI is purchased via a tick box in a Chargecard agreement it is part of the agreement and is non transferable to a credit card without a new compliant agreement.

Anyone know of PPI case setting precedent or what regulations apply

Any advice greatly appreciated,

[di30]

Re: Can restricted Charge card PPI insurance be transferred to unrestricted &More

Hi and welcome

So they basically started a new credit card agreement and automatically applied the ppi because they said it was applied to the earlier card? I am not sure if this can be done or not but if a brand new agreement, surely you should have had that choice first.

If your not eligible for the PPI, then whatever you have paid on the ppi I would ask them to refund all you have paid plus the relevant interest, with your reasons.
Hopefully someone here will now more on the changeover side of it, but I would certainly make a reclaim on it if your not eligible for it.

[MIKE770]

Re: Can restricted Charge card PPI insurance be transferred to unrestricted &More

Having a charged card is a great help to us especially for busy person and different kinds of benefits can get from it. During economic crisis, most businesses sink and to recoup different strategy should be done. Citigroup Inc. promotes their charged card by mail in a large way and they disperse 345 million card deals in 3^rd quarter of 2011.

This is a bit like and advert???????????????

[ashlea]

Re: Can restricted Charge card PPI insurance be transferred to unrestricted &More

I do not want an instalment loan, Mike770 is spot on the link leads to an advert, I did not think that this was allowed

[Caesar44]

Re: Can restricted Charge card PPI insurance be transferred to unrestricted &More

I've just being caught shoplifting in coop and when confronted at the door I panicked and ran off. I'd paid with my card. I've gone home and sat in the corner waiting for the police. Am I going to prison. Ps, I'd stolen a razor with blades.

[ashlea]

Re: Can restricted Charge card PPI insurance be transferred to unrestricted &More

Don't see how this is a related issue, The Samaritens are the right people to ring if you are feeling suicidal.

[ashlea]

Re: Can restricted Charge card PPI insurance be transferred to unrestricted &More

I put a claim in and it was rejected on grounds that there is no evidence that the policy applied to &More card was a new policy, that I had not cancelled the cover on my charge card and that the PPI facility continued to cover my credit line, on the same basis as previously. They claim to be able to do this because this is a transfer between insurance products and is not covered by the OFT ruling in October 2003 that sending an unsolicited credit token is illegal (CCA74 51)and that charge card agreements cannot be transferred to credit card agreements.


By the way the Charge Card PPI was purchased by not filling in a tick box in the agreement that states it is regulated by CCA 74.


I have also raised breaches of CCA74 61(1) - improperly executed document, failure in original agreement to list prescribe terms laid out in Credit (Agreements) Regulations 1983 (SI 1983/1553)


Prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) .


Also pointed out CC Agreements Regulation 1983 Regulation 7, Santander v Mathew modification requires new agreement served, applicable to charge card to credit card transfers. They still claim to be able to transfer one insurance product to another without a new agreement as cover is on same basis.


Nonsense to me as Charge card cover is restricted to use in M&S stores only whereas &More card is a unrestricted Credit card that cane be used anywhere accepting MasterCard.


It's a bit like Arkwrights Corner Store v the World Wide Web are one and the same


What I need is to find statue or case law that Charge card PPI and Credit Card PPI are mutually exclusive

[ashlea]

Re: Can restricted Charge card PPI insurance be transferred to unrestricted &More

Sorry forgot to ask you earlier,

Is your best mate the chap who inherited a fortune, having murdered his aunty and hid the body with a confession attached, maybe he could keep you company whilst you await the the arrival of the blue meanies