Santander/Debenhams Card refusal

magsirl

Hi
I have read many of the posts on this thread and it has encouraged me to apply for the PPI on my partners Debenhams account.
1st response from them said it had been taken out during a phonecall in 1999 and as he had 30 days to check it out and cancel which he did not do. Also they upgraded the terms and conditions in 2003 they can find no evidence of mis-selling so they are unable to refund the premiums paid.The insurance was cancelled in 2010 (which he did do when he realised what he was paying for) If you remain dissatisified with our response you may refer FLA- the Finance and leasing !!! (details enclosed)

I sent a 2nd letter saying as he was self employed I felt this was mis-sold for that reason and also asked for copy of recording of phone call.
2nd Reply saying unable to provide copy of phonecall. They confirm this matter was fully investigated and our position remains the same.
Not sure what to do next? Any advice please would be much appreciated. Many thanks.
PS Partner is self employed and this was the reason I felt it was mis-sold.

dunstonh

I sent a 2nd letter saying as he was self employed I felt this was mis-sold for that reason and also asked for copy of recording of phone call.

Many PPI cover self employed. So, that reason isnt a valid complaint reason for most people.

PS Partner is self employed and this was the reason I felt it was mis-sold.

If it covers self employed then its an easy rejection for them. Have you checked to see if self employed are covered?

magsirl

The exclusions on the policy document says
**
Unemployment exclusions
We will not pay unemployment benefit
*If you were not in continous work for 6 months immediately before your employment ended
If at the start date you knew you were going to be unemployed or had reason to believe it was likely to happen
*If your work is seasonal or if unemployment is a regular feature of your work
*If you are self employed and your business temporarily stops trading.

They are some of the exclusions on the policy.
Sorry tried to copy and paste from the leaflet but could not manage to do it but they are some of the points on it.
I would have presumed if a person is self employed unemployment can be a regular feature of your work as you never know if you will get another job when one has finished? Am I right in thinking that?
Many thanks for your help Dunstonh

dunstonh

I would have presumed if a person is self employed unemployment can be a regular feature of your work as you never know if you will get another job when one has finished? Am I right in thinking that?

A self employed person doesnt have hours or consistent workflow. They could earn £100k in two jobs in one month and then nothing for 11 months whilst they go looking for that next big job. However, that doesnt make them unemployed in any of that period. Self employed are assessed on annual earnings and pay weekly class 2 NI. For a self employed person to be classed as unemployed, they usually have to cease paying class 2 NI and sign on at the job centre.

The policy you have indicates self employed are covered except for temporary periods, which is common sense and the norm. This is probably why they are quite happy to reject the complaint as you are saying it isnt covered and they are saying it is.

magsirl

Ok many thanks for that Dunstonh. I guess I was living in hope it was mis sold based on the self employed part.
Apart from the fact himself did not even have a clue what he was paying for and only cancelled it when it all kicked off and he realised what it was.
Guess he cannot claim then. Many thanks for taking the time to explain it to me.

dunstonh

I guess I was living in hope it was mis sold based on the self employed part.

There are some PPI plans that have too many exclusions on the self employed side that make them next to useless. The FOS have been known to accept that whilst they say they cover self employed on paper, the exclusions effectively mean they do not. However, your dont get access to the FOS. You get access to the FLA and my impression (and its just that) is that they are not as consumer friendly as the FOS is.

So, a read of the policy document may be worthwhile to see if it is over the top on exclusions. Remember that if you are not happy with it still then take it to the FLA. You never know.

magsirl

Had another look through the document and it says
* if you are self employed and want to make an unemployment claim your business must
*Have stopped trading and/or be in the process of being wound up or
*be put into the hands of an insolvent practicitioner or
*be a partnership which has been or is in th process of being dissolved.
That seems to be all that appears about self employment.
Would that be classed as OTT do you think Donstonh?

joannie17

Hi I have also had my first application to debenhams/santander denied. Although i was not self employed they said because I ticked the box I was aware of what I was applying for. Good luck

magsirl

Did you resend it again Joannie? I am still trying to consider what I should do next??

Foggster

I also went for both a Debenhams and DP card last year and they firmly closed the door saying I had ticked the box. Now I know I didnt tick the box but at the same time I received regular statements clearly showing I was being charged the protection but continued to pay it.

I have to say, I have given up on this because it clearly showed on my statements and had almost 7 years to query this.

magsirl

Yes my OH has received statements over the years too Foggster but did not cancel till last year when he actually realised what he was paying for.