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Egg credit card - FOS have NOT upheld my claim!

What were you reclaiming: PPI on Credit Card
Who was the provider: EGG

I have tried to claim for the misselling of PPI on my credit card with Egg from 2001, they refused so referred it to the FOS. I Received a letter from FOS today not upholding my claim!! To sum it up they say that "it is clear from the evidence from Egg that I was presented with three choices, which were to opt to take the cover for myself, for my partner or to decline cover, which I apparently chose to take out the cover (This would have been a Pre ticked box) The terms and conditions were online which I ticked to say I had read it. They say that although I had pre exhisting conditions it was up to me to check for exclusions. "Furthermore, it is evident that you had to act positively by selecting an option on the application to take out the policy." Cost of the cover was clearly shown on the online application and would have also been on the monthly statements. You commented that you were unaware that you had the policy until Egg sent your statements, however I can not conseder this point as your statements were available to view online (I never checked and I could not as I did not know my log in details)

Hope that makes sense as I have tried to shorten it. I am so dissappointed!

Comments

  • marshallka
    marshallka Posts: 14,585 Forumite
    Hi, sorry to hear of this. You can take it higher to the Ombudsman himself if you do not agree.

    Can I ask what year you had this applied online? I know of some on here that have won via egg and it being pre ticked. Have you argued these points with the adjudicator?
  • jessie15
    jessie15 Posts: 275 Forumite
    Part of the Furniture Combo Breaker
    Hi Marshallka,

    Thank you for your reply. This was applied for in 2001 and I have pointed that out to the adjudicator. Not sure what else to do now, how do you go about taking it higher?
  • dunstonh
    dunstonh Posts: 121,292 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Lack of consistency is a frequently complained issue about the FOS.

    However, just picking up on some points.

    You say "This would have been a Pre ticked box"

    The FOS say "Furthermore, it is evident that you had to act positively by selecting an option on the application to take out the policy."

    So, you have a difference of opinion there. The FOS would have viewed the application and checked if it was pre-ticked. So, either they have made a mistake or you have made a mistake.
    The terms and conditions were online which I ticked to say I had read it. They say that although I had pre exhisting conditions it was up to me to check for exclusions.

    That is correct. When you buy insurances direct or not with advice, you take on the responsibility for checking that it is suitable.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • marshallka
    marshallka Posts: 14,585 Forumite
    jessie15 wrote: »
    Hi Marshallka,

    Thank you for your reply. This was applied for in 2001 and I have pointed that out to the adjudicator. Not sure what else to do now, how do you go about taking it higher?
    Hi jessie, you will always have an option of agreeing or not agreeing with an adjudicator and if you do not agree then it can then go to the Ombudsman (or sometimes another adjudicator perhaps). You need to let the adjudicator know that you disagree with his/her findings and they will then pass this over although it may take another few months again but could be worth it to you.

    Good luck
  • jessie15
    jessie15 Posts: 275 Forumite
    Part of the Furniture Combo Breaker
    Thanks for your help, iw ill look into that and have a chat with the adjudicator.
  • marshallka
    marshallka Posts: 14,585 Forumite
    jessie15 wrote: »
    Thanks for your help, iw ill look into that and have a chat with the adjudicator.
    Hi again jessie, as this sale was what is classed as non advised you need proof really that the box was not pre ticked. If FOS have agreed it was not then really and truely if that were me I would ask for proof of it. I know that in 2006 (think it was) firms were asked to stop using pre ticked boxes but as this was 2001 I would think there was a good chance.:confused:

    Good luck
  • jessie15
    jessie15 Posts: 275 Forumite
    Part of the Furniture Combo Breaker
    marshallka wrote: »
    Hi again jessie, as this sale was what is classed as non advised you need proof really that the box was not pre ticked. If FOS have agreed it was not then really and truely if that were me I would ask for proof of it. I know that in 2006 (think it was) firms were asked to stop using pre ticked boxes but as this was 2001 I would think there was a good chance.:confused:

    Good luck

    I will write to FOS or ring today if I get time, and have a chat with them and report back later. Many thanks!
  • jessie15
    jessie15 Posts: 275 Forumite
    Part of the Furniture Combo Breaker
    I have written to FOS and await a response. I would appreciate any help though in the mean time if anyone has any input.
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