Non advised PPI claims

killdozer

"The 'non-advised' line is no defence. There was guidance in force at the time that should have been followed even if a sale was non-advised. The very fact that the reader didn't realise he/she had PPI means that no meaningful discussion took place at the point of sale – which is in direct contravention of the rules.

Any thoughts please

dunstonh

"The 'non-advised' line is no defence.

Yes it is.

There was guidance in force at the time that should have been followed even if a sale was non-advised.

There is still a requirement to make sure the information is clear and sufficiently detailed but there is no liability for advice as no advice was given. Some of the banks have pushed it a bit on this using non advice staff who have crossed the line but proving that is a problem. However, if you spoke with no-one then you have no-one to blame.

Direct offer/execution only/direct to provider all offer lower levels of consumer protection than advice cases.

killdozer

I should have been advised on the fact that the product was suitable for me as i had statutory sick pay. Had i been informed that i was already covered by statutory sick pay, there would have been no way i would have taken the insurance if i knew what it covered. The only advice i recieved was the "we strongly recommend take card care" in the the postal application form.

dunstonh

I should have been advised on the fact that the product was suitable for me as i had statutory sick pay.

If you sought advice and were given it and the advice was wrong then you have a case. If you didnt seek advice then you cannot complain that the advice (you didnt get) was bad.

The only advice i recieved was the "we strongly recommend take card care" in the the postal application form.

Thats not advice. That's marketing.

killdozer

I had no other information leaflet accompanying it re, PPI insurance 2001 unlike the accompanying information you recieve now. I was also unaware of the cost. The bank is entitled to say that the PPI was sold on a non-advised basis, but the consumer must understand what they are buying at point of sale, otherwise the bank is open to a mis-selling claim. It is not acceptable for it to nonchalently point to the terms and conditions on the policy.

dunstonh

marketing has to be fair and within the rules that were in place at the time.

It is not acceptable for it to nonchalently point to the terms and conditions on the policy.

It is if it is execution only. If its direct offer (promotion) then there has to be more substance and risk warnings etc. However, not as much as advice cases.

I was also unaware of the cost.

There may be some scope there.

The bank is entitled to say that the PPI was sold on a non-advised basis, but the consumer must understand what they are buying at point of sale, otherwise the bank is open to a mis-selling claim.

I disagree. If you buy without advice, you are taking on the responsibility of knowing what you are buying. If its a financial promotion then the company has to make sure the promotion is fair and not misleading and key risks are mentioned. If it was execution only then they have no requirement to do anything other than give you the application and leaflet.

killdozer

It is not acceptable for it to nonchalently point to the terms and conditions on the policy. It is if it is execution only. If its direct offer (promotion) then there has to be more substance and risk warnings etc. However, not as much as advice cases.

As for information about the product,there was non!
The only information i had was in the signing box which in scant terms covers only the credit care insurance basics with no mention of what this product is and if other products are available from other sources. no information was given as to the flutuation or rise in insurance in realtion to the balance of the card, and then they raised the limit of the mastercard which i stpidly fell for then paying out up to £70 in insurance. I only realised the insurance payments were tracked by the balance when i spent more of the balance.

marshallka

I would just continue the complaint killdozer and if they dismiss it then take to FOS and point out in your complaint all the above.

Good luck.

killdozer

I think i'm cracking!...it's definately affecting me, i was just about to take myself outside for a good seing to.

dunstonh

At the end of the day, complaints that shouldnt be upheld are and vice versa. With the pressure on PPI claims at the moment and the volume involved, I suspect its probably easier to get a complaint upheld even if technically it shouldnt be.

killdozer

I'm onto draft ten of the claim letter. At least i'll be able to write a book about my experiences if theres no juice from the bone. Mind you, I'm one step off the nervenkrankenhaus and a DLA claim.

thanks to everyone