Partially upheld (Plevin only) Egg complaint - any thoughts

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Throbbe
Throbbe Posts: 469 Forumite
in Reclaim bank & credit card charges
Canada Square have responded to my complaint over missold card payment protection insurance.

They have rejected the bulk of the claim on the basis that I would have taken out the protection at the time, but have upheld an element of my complaint in relation to the Plevin ruling over unfair commission, and will send me a cheque for that element.

My instinct is to refer my complaint to the FOS. Does the payment for the Plevin element have any impact on the FOS decision (other than needing to be deducted from any settlement the FOS decrees).

The payment is a little over a third of what I'd expect as a full settlement. If that is at risk, then I need to take a view on whether to take it further.

Thanks in advance for any advice.

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  • dunstonh
    dunstonh Posts: 116,387 Forumite
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    They have rejected the bulk of the claim on the basis that I would have taken out the protection at the time, but have upheld an element of my complaint in relation to the Plevin ruling over unfair commission, and will send me a cheque for that element.
    That actually means they have fully rejected your complaint. Plevin only applies to rejected complaints. It is a useful side issue but isnt related to it being missold.
    My instinct is to refer my complaint to the FOS. Does the payment for the Plevin element have any impact on the FOS decision (other than needing to be deducted from any settlement the FOS decrees).

    no.
    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.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    Throbbe wrote: »

    The payment is a little over a third of what I'd expect as a full settlement. If that is at risk, then I need to take a view on whether to take it further.
    What exactly was your mis-selling complaint? While your Plevin refund is safe, the chances of the FOS overturning the Bank's rejection of your complaint will depend on just how compelling (or not) your complaint was.
  • Throbbe
    Throbbe Posts: 469 Forumite
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    Moneyineptitude wrote: »
    What exactly was your mis-selling complaint? While your Plevin refund is safe, the chances of the FOS overturning the Bank's rejection of your complaint will depend on just how compelling (or not) your complaint was.

    The complaint is on a number of points, but briefly relates to me being given the impression that taking the protection would be necessary for a successful application and that I did not require the policy as I had an alternative provision, that being cover for periods of sickness and ill health through my employer, and could rely on my family to support me in the case of unemployment.

    I'd be the first to admit that the latter isn't particularly credible as it can't be proven either way, but would argue that this should have been assessed as an alternative at the time.

    I wont lose sleep if I'm unsuccessful, and will chalk it off to experience, but with the Plevin element secure see no downsides (beyond the cost of postage) to referring the complaint.

    Thanks for your help.
  • dunstonh
    dunstonh Posts: 116,387 Forumite
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    relates to me being given the impression that taking the protection would be necessary for a successful application

    Extremely weak. Without any evidence to back up that allegation, you would expect that point to end in failure.
    and that I did not require the policy as I had an alternative provision, that being cover for periods of sickness and ill health through my employer,

    That can be a good reason on advised cases and for loan/credit card PPI. Not MPPI though. On non-advised cases though, it is not a failure reason unless the PPI would not pay out in addition to the employer benefits.
    and could rely on my family to support me in the case of unemployment.

    Rarely succeeds as you can take out insurance to prevent hardship on others.

    Of course, there could be other things you didnt mention that could be wrong.
    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.
  • Placida
    Placida Posts: 240 Forumite
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    dunstonh wrote: »
    Extremely weak. Without any evidence to back up that allegation, you would expect that point to end in failure.
    That can be a good reason on advised cases and for loan/credit card PPI. Not MPPI though. On non-advised cases though, it is not a failure reason unless the PPI would not pay out in addition to the employer benefits..

    The OP had a RPPPI not MPPI?
    Throbbe wrote: »
    Canada Square have responded to my complaint over missold card payment protection insurance.
    Thanks in advance for any advice.
  • -taff
    -taff Posts: 14,508 Forumite
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    Canada Square didnt sell CC's in peson, only online or through mailshots/adverts.
    Unless he OP was in pre ticked box territory, thry would have chosen to add PPI thmselves, unless the literatue could deeemd by the FOS to have 'advised' it.
    Shampoo? No thanks, I'll have real poo...
  • dunstonh
    dunstonh Posts: 116,387 Forumite
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    -taff wrote: »
    Canada Square didnt sell CC's in peson, only online or through mailshots/adverts.
    Unless he OP was in pre ticked box territory, thry would have chosen to add PPI thmselves, unless the literatue could deeemd by the FOS to have 'advised' it.

    Which would make it non-advised and therefore employer benefits not being an issue unless the PPI wouldnt pay out in addition to them.
    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.
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