Letter from M&S insurer Allianz

Gezza09

Following on from 11 mths of trying to get my ppi back fom M&S and thru this fab website I wrote to M&S insurer who are Allianz. I wrote to Allianz asking them to refund my ppi (bearing in mind I have been paying it since early 1990's) I copied all my letters to Allianz that I had exchanged with M&S including a copy of the original application forms for both products. Allianz acknowledged my letter immediately and then have sent a follow up letter every 4 wks saying they need more time to investigate. I received another letter this weekend saying that as the obligatory 8weeks has passed since I raised the complaint and they regret they still can't give me an answer that I have the right to take my complaint to the FOS. they say they hope to give me an answer by end of May but they did say that last month! Should I ask the overloaded FOS to investigate???:(

di3004

Gezza09 wrote: »

Following on from 11 mths of trying to get my ppi back fom M&S and thru this fab website I wrote to M&S insurer who are Allianz. I wrote to Allianz asking them to refund my ppi (bearing in mind I have been paying it since early 1990's) I copied all my letters to Allianz that I had exchanged with M&S including a copy of the original application forms for both products. Allianz acknowledged my letter immediately and then have sent a follow up letter every 4 wks saying they need more time to investigate. I received another letter this weekend saying that as the obligatory 8weeks has passed since I raised the complaint and they regret they still can't give me an answer that I have the right to take my complaint to the FOS. they say they hope to give me an answer by end of May but they did say that last month! Should I ask the overloaded FOS to investigate???:(

Hi there

How annoying!!! :mad:

That is no excuse they have made, so yes go to the FOS, you can do this by ringing them as a quick method, or download and print a complaints form online, and I believe as its in relation of reclaiming PPI, there is a questionnaire to complete as well.
On the link below, and at the bottom of the page you will find a link that takes you to a questionnaire, good luck with this.
http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Gezza09

I have rec'd a letter from Alianz today today in response to FOS contact they rec'd. they say that 'as my complaint relates to the sale of PPI rather than their role as insurer they do not consider this as a complaint againt Allianz underwriter and therefore they are not liable. they suggest I take the matter up with M&S. If Allianz had looked at my complaint that I lodged with them 2mths b4 FOS got involved they would see that I have spent over a year getting no where with M&S. Am I wasting my time here or what?????????????

di3004

Gezza09 wrote: »

I have rec'd a letter from Alianz today today in response to FOS contact they rec'd. they say that 'as my complaint relates to the sale of PPI rather than their role as insurer they do not consider this as a complaint againt Allianz underwriter and therefore they are not liable. they suggest I take the matter up with M&S. If Allianz had looked at my complaint that I lodged with them 2mths b4 FOS got involved they would see that I have spent over a year getting no where with M&S. Am I wasting my time here or what?????????????

Hi there

I believe this is the usual response received by the insurer's - mine was the same but the FOS have taken it on and are still considering it, like many others in the same position.
As the FOS are also trying to make these responsible as well, for instance when the applications are made, these are checked over to decline or accept before being approved of the loan, so whereas the eligibility should also be checked on the PPI, if you know what I mean.

I would let the FOS know on this, they will possibly ask you to send the information to them alongside with a complaints form, but ring them and see what they advice, they did this in my case anyway, and the complaint is with an adjudicator right now, waiting to hear of an outcome.;)

Gezza09

Hi Di Allianz did say in their letter they would be contacting the FOS so i guess i have to be more patient and let it run it course. i will keep you posetd on the outceom but can i ask how long your claim has been running??

di3004

Gezza09 wrote: »

Hi Di Allianz did say in their letter they would be contacting the FOS so i guess i have to be more patient and let it run it course. i will keep you posetd on the outceom but can i ask how long your claim has been running??

Hi Gezza

Good luck with this then.
There is no harm in contacting the FOS for updates now and again to check on the progress of your case.

Mine have been with the FOS since about October time, the last I heard it was over a month ago to be told it should be with an adjudicator soon, not heard anything since, so I will send them an email early next week to ask for an update.;)

Gezza09

di3004 wrote: »

Hi Gezza

Good luck with this then.
There is no harm in contacting the FOS for updates now and again to check on the progress of your case.

Mine have been with the FOS since about October time, the last I heard it was over a month ago to be told it should be with an adjudicator soon, not heard anything since, so I will send them an email early next week to ask for an update.;)

Dear All M&S sufferers...keep going!! I rec'd a letter at the weekend from FOS who after, almost 2 yrs, are making some progress with Allianz Insurance on my behalf. Whilst no offer has been made to me (as yet and I hope there is) the FOS tell me that after long protracted legal discussions that Allianz have finally accepted the FOS position on my case and that M&S will be in touch with me shortly...sounds postitive OR am I being too hopeful???:) Anyone else in similiar position??

Gezza09

As part of my very long ongoing claim against M&S for PPI sold to me on my charge card & personal reserve products I have received 6 page letter from the Adjudicator informing me that they are NOT upholding my complaint. I shalln't bore you with all the details (unless u insist) first point the FOS refer to is the sick pay scheme with former employer of 2yrs (wrong! I was employed in that role for approx 7 yrs) in that I could not confirm how long sick pay would cover me for...we are going back to late 80's and early 90's afterall!!! During this time I was married with my husband in full time employment and good wage. I do not recall M&S questioning my health or telling me the policies where optional. FOS findings are lengthy!! They say that M&S can not provide evidence that a suitability assessment was carried out; despite that FOS feel I would not have changed my decision in taking the policy out. They go into great detail of the cost at 64p per £100 being a reasonable amt for a policy offering 15% benefit?? Any sick pay offered by my employer would not have affected any claim under the policies (I never claimed once) Apparently I ticked the box beside "we strongly recommend you take out this policy" I trusted this highly respectable High Street brand that they were selling a quality product and when they indicate 'we strongly reommend.....' I wanted the account open and didn't want to jeopardise my application but FOS see it differently. the fact that I never benefitted from the policies is not a reason to claim mis-sold they say. FOS admit that despite M&S failings in the selling process they are not sufficient enough to recommend my complaint to be upheld. I have the right to appeal to the Ombudsman by April 10th....is there much point I wonder???:(

[Deleted User]

Take it as far as you possibly can with the Ombudsman.

But don't lose sight of the fact that we can't complain about how expensive or poor value this type of insurance was/is, only that it was mis-sold if applicable.
All the best...

dunstonh

first point the FOS refer to is the sick pay scheme with former employer of 2yrs (wrong! I was employed in that role for approx 7 yrs) in that I could not confirm how long sick pay would cover me for...we are going back to late 80's and early 90's afterall!

If you could not confirm it then how is anyone else to? They cant just accept you word for it. If they did that then anyone could make anything up and complain about it and get their money back. I am not saying you are wrong but the position is that you are making an allegation and you need to prove it.

They say that M&S can not provide evidence that a suitability assessment was carried out; despite that FOS feel I would not have changed my decision in taking the policy out.

M&S wouldnt be expected to have a suitability assessment on a case that old. They are not advisers but sellers. So, any check would be expected to be more basic than if an adviser had done it.

They go into great detail of the cost at 64p per £100 being a reasonable amt for a policy offering 15% benefit??

If your complaint was about cost then it adds a flaw to your complaint as it hints that you did actually want it but think you should have paid less. As it happens, you cannot complain about cost. Tied providers can only offer their own product and are entitled to retail it at the price they want. I recall MPPI around the mid 90s being about 6.5% so it seems right.

ny sick pay offered by my employer would not have affected any claim under the policies (I never claimed once)

This is correct where the proceeds from the insurance are paid to the debt. There is a myth that the policies wont pay out if you have sick pay. That is right in some cases and can be a valid complaint reason in those cases. However, in this case it is not a valid complaint reason as it would pay out.

Apparently I ticked the box beside "we strongly recommend you take out this policy" I trusted this highly respectable High Street brand that they were selling a quality product and when they indicate 'we strongly reommend.....

Comments like that suggest that you actually wanted it and bought it as you wanted it.

I do not recall M&S questioning my health or telling me the policies where optional.

These plans never used to question your health. However, that only becomes an failing that affects you if you have a health condition that would void the policy. If you havent (and it appears you havent) then M&S got lucky. You wont get paid out on hypothetical failings which are irrelevant to you. Your other comments do seem to indicate that you knew it was optional.

the fact that I never benefitted from the policies is not a reason to claim mis-sold they say.

Which is correct. I have house insurance which I have paid for 20 years and never benefited it. I hope I never do. You cannot complain because you have been lucky enough not to suffer a claimable event. You buy insurance to cover you for things that may happen. Not things that will (some exceptions apply).

FOS admit that despite M&S failings in the selling process they are not sufficient enough to recommend my complaint to be upheld. I have the right to appeal to the Ombudsman by April 10th....is there much point I wonder???

We dont have the full info but a number of your complaint reasons are not valid reasons. So, they are easily rejected as indicated. You seem to have shot yourself in the foot with some of your comments as they do seem to indicate you chose to buy it.

You have no stand out reason as to why the policy was mis-sold. Just a list of wishy washy reasons that seem to be more opportunistic in a complaint rather than real. The fact you are complaining some 15-20 years after the event doesnt help you and some of your reasons are more venting than actual complaints and you seem to be reaching to get a refund rather than actually having been mis-sold

Remember that there is nothing wrong with having PPI. The whole issue is about whether it was sold correctly to you or not.

I know you wont like what I am saying but I am only looking at it on what you have said. I wont wrap it up in cotton wool and if I saw a reason then I would say it. Howver, nothing you have said stands out as saying "mis-sale". More misunderstand and possible mis-buy but they are not mis-sale reasons.

Gezza09

dunstonh wrote: »

If you could not confirm it then how is anyone else to? They cant just accept you word for it. If they did that then anyone could make anything up and complain about it and get their money back. I am not saying you are wrong but the position is that you are making an allegation and you need to prove it. Good point Dunstonh, I will try and find some employment details to prove my length of service



M&S wouldnt be expected to have a suitability assessment on a case that old. They are not advisers but sellers. So, any check would be expected to be more basic than if an adviser had done it.
I have been told that when a company puts 'we strongly recommend u take out this policy.....' that it becomes an 'advised' sale...is this still true??


If your complaint was about cost then it adds a flaw to your complaint as it hints that you did actually want it but think you should have paid less. As it happens, you cannot complain about cost. Tied providers can only offer their own product and are entitled to retail it at the price they want. I recall MPPI around the mid 90s being about 6.5% so it seems right.
My gripe is partly on the cost yes, especially when similar cover was available cheaper elsewhere!! thats all i was trying to say (badly obviously)


This is correct where the proceeds from the insurance are paid to the debt. There is a myth that the policies wont pay out if you have sick pay. That is right in some cases and can be a valid complaint reason in those cases. However, in this case it is not a valid complaint reason as it would pay out.
I have an old bronchial condition that re-occurrs from time to time due to bad bout of pleurisy ages ago...apart from that I have been okay.



Comments like that suggest that you actually wanted it and bought it as you wanted it.



These plans never used to question your health. However, that only becomes an failing that affects you if you have a health condition that would void the policy. If you havent (and it appears you havent) then M&S got lucky. You wont get paid out on hypothetical failings which are irrelevant to you. Your other comments do seem to indicate that you knew it was optional.


Which is correct. I have house insurance which I have paid for 20 years and never benefited it. I hope I never do. You cannot complain because you have been lucky enough not to suffer a claimable event. You buy insurance to cover you for things that may happen. Not things that will (some exceptions apply).
Fair point, however not telling me it was optional and cheaper elswhere just bugs me!!! when they say they strongly recommend....I fell for it...never thought to question until PPI mis-selling came into public domain so to speak.


We dont have the full info but a number of your complaint reasons are not valid reasons. So, they are easily rejected as indicated. You seem to have shot yourself in the foot with some of your comments as they do seem to indicate you chose to buy it.

You have no stand out reason as to why the policy was mis-sold. Just a list of wishy washy reasons that seem to be more opportunistic in a complaint rather than real. The fact you are complaining some 15-20 years after the event doesnt help you and some of your reasons are more venting than actual complaints and you seem to be reaching to get a refund rather than actually having been mis-sold
I hear what you say, I am angry that I fell for it and paid for it all this time when it was optional and cheaper elsewhere...I am all for a bit of insurance but a policy that suits me better and not my lender!!


Remember that there is nothing wrong with having PPI. The whole issue is about whether it was sold correctly to you or not.

I know you wont like what I am saying but I am only looking at it on what you have said. I wont wrap it up in cotton wool and if I saw a reason then I would say it. Howver, nothing you have said stands out as saying "mis-sale". More misunderstand and possible mis-buy but they are not mis-sale reasons.

Appreciate all your points, my annoyance yesterday perhaps affected the wording/tone of my posting up yesterday. Stick to the point in future me thinks strip out the emotion! Much appreciate you taking the time to respond.