M&S and Cornhill where to go ?

darrener

Hi, new to the forum, so apologies if things not set out properly

I recently contacted M&S re what I considered was a mis selling of a PPI that was attached to a M&S money credit card which I took out in 1993 ( yes I know a long time ago / should have seen it / my own fault I signed the form etc ) - however I did not ' realise ' it was a PPI until al the attention in the press etc. and I checked the card

To the point - I signed the form, but the actual form was filled in by the sales person, the PPI section was ticked - but at the time I only worked 14hr a week ( proof of hrs etc already sent to M&S ). I sent a letter to M&S and their reply seems to be the standard letter I have seen in other threads ie Non advised, No advice given, documents issued etc. I know the FOS cannot deal as it was in 1993 and I want to take it up with the underwriters ( Cornhill ) can anyone advise the way to go about this / how you rate my chances of success.
Thanks in anticipation

magpiecottage

darrener wrote: »

I know the FOS cannot deal as it was in 1993 and I want to take it up with the underwriters ( Cornhill ) can anyone advise the way to go about this

Cornhill will have no liability whatsoever for the sale of the policy because it was sold by M&S who were not acting as their agents.

The sale predates the introduction of the GISC code by 8 years so that is why FOS will not consider a complaint against M&S.

You could attempt to sue M&S but the onus would be on you to prove and, since it was more than 15 years ago they can simply use Section 14B of the Limitation Act 1980 to timebar it.

how you rate my chances of success

Against M&S - slim.

Against Cornhill - fat.

darrener

Just a quick update - spoke to FOS, who whilst agreeing with the M&S GISC and the 8 years limit, are quite happy to take on our claim and forward it to Cornhill - Cornhill in 1993 were part of all the relevant Financial organisation - so awaiting forms etc from FOS

magpiecottage

darrener wrote: »

Just a quick update - spoke to FOS, who whilst agreeing with the M&S GISC and the 8 years limit, are quite happy to take on our claim and forward it to Cornhill - Cornhill in 1993 were part of all the relevant Financial organisation - so awaiting forms etc from FOS

Cornhill were not responsible for the activities of independent intermediaries.

So unless M&S was operating under the direction of Cornhill it will not help you.

darrener

Hi, further to the thread and the M&s PPI, - got a result. Contacted FOS who in turn wrote to M&S. M&S then sent me a letter saying they were looking into it again, and hey presto they have upheld my complaint.

So in essence the 8 year rule, the 15 year rule and et all does no longer stand in the way of an early claim. New rules have been sent to all concerned outlining this. Also the non advised / advised scenario has also been deemed non upholdable - so chq on its way:T

magpiecottage

That probably means somebody at M&S does not understand the rules properly - i.e. you got lucky.

MagP

Well done to you! Mine is also about that age and I'm waiting the standard 12 week wait! I hope mine is also upheld! I've noticed quite a few people who have old closed accounts with m & s have been upheld this week!

dunstonh

Some firms are upholding complaints whether they should do or not. This does make it harder to predict outcomes. They could have rejected this but chose not to. Either by mistake and a corporate decision to uphold a greater volume (or even the lot).