santander - Debenhams - fob off help

GIVEMEBACKMYMONEY

I had a debenhams card which started in 1991 with I believe GE capital, at the time I was a housewife (worked as civil serv from 2003-2010), this then changed hands in 1998 to to abbey?.. My husband was self employed throughout the duration of my card being active.

I've recieved a letter back, these are the points I would like looking at if anyone could help:

Once a customer has decided to take the product a policy summary and policy document is mailed to the customer for their review we also offer a 30 day no qubble guarantee where the product may be cancelled. blah blah

You state in your recent correspondence that u were given the impression that the card would not be approved unless the insurance was taken. However I must advise that in the Ts & Cs or in the policy docs that the insurance isa a requirement in order to obtain credit and this has never been part of our sales process.

You have stated in your letter you were not in employment when you elected!? to take out the insurance in 1991. As detailed in the T's&Cs account cover insurance covers if you work 16hrs or more a week. In order for us to investigate further please can you forward the evidence requested below to support your claim:

A copy of the NI premiums you paid for the year in which the insurance was sold.

In addition please also be aware that the insurance is a breadwinners ? policy therefore if you were not working 16 hours a week or more the benefits would be transferred to your partner if applicable and if they were working 16 hours a week or more. Again a copy of the NI contributions your partner paid for the year stated above would be appropriate.

Please provide all the evidence requested above within 4 weeks from the date of this letter. If the evidence is not rec'd within the next 4 weeks we will update our records and close your case.

since you opened your account this insurance has been clearly shown onb your statements when a balance has been out standing and could have been cancelled or a claim made ayt any time. Your insurance was also upgraded in 1998 and 2003 on both these occasions new T's&C's would have been sent to you (never rec'd)..

blah blah waffle..




If anyone could give me info on how to reply I would be greatful

thanks in advance.

dunstonh

If anyone could give me info on how to reply I would be greatful

Their request seems fair enough. Providers are allowed to request evidence from you when you make statements about why you think it was mis-sold. Your verbal allegation of being given the impression you had to have it has no legs on it. Verbal accusations without proof from you rarely get upheld. It needs a failing elsewhere to result in success.

As you made the complaint that you were not working and your husband was self employed when you elected to take out the insurance then all you need to do is provide them with the evidence your husband was self employed at point of sale (what happens later is irrelevant as mis-sale relates to when it was sold. Hence mis-sale).

As you clearly know your position in 1991, it should be easy to prove. Plus, with your husband being self employed, he should have his records.

Firms are more wary of people making what they feel are opportunistic complaints where the timescale is very long. You paid this for over 20 years but never complained. So, why now? That is why they are likely asking for you to back up your allegations with evidence.

Problem for you is that their response effectively ends the complaint as you have said your husband was self employed. So, as long as they cover self employed, you wont be able to provide evidence that he was not working.

If you disagree with their response you can take it on to the next stage but remember that the ombudsman looks at facts. Not unprovable allegations. If you are complaining it wouldnt cover you and the provider is saying yes it would then your complaint is going to fail. You need an issue that works in your favour for a complaint to be upheld.

Missyblue

Hi
This is a standard letter that Santander send out with cards that predate 2005 .
They sent me a similar letter for a Debenhams card and one for House of Fraser. They clearly have a skeleton letter which they pad out with snippets from your claim, but they always seem to give reasons why your claim is not valid but then at the end say that you need to refer to the FLA as they were not FSA or GISC registered at the time.
I have seen claims put in post 2005 giving the exact same reasons I submitted which they do uphold, so there is no rhyme or reason to their logic , they are able to turn you down beacuse of the date you took the card out. Of course they do not say that and the FSA guidance says that they cannot simply turn down for the reasons they have given you.
I am afraid you will find that if this is their final response you can refer to the FOS, who will ask you to claim from the underwriter , who turn it down and then it is back to FOS.
There are lost of people that are at the same stage as me i.e with FOS and have been for several years. I have yet to see what happend next, I suspect FOS must be doing something as a test case as I imagine this will open the foodgates if they do uphold one.
I have written to the Financial Services Authority about the position lots of us are in, as I feel this needs to be taken up by them even though as there must be a considerable number of people who took out cards and in my case were still paying last year, but cannot get a refund.
This really annoys me, but one good thing has come from this. I no longer use their cards and so am saving lots of money !

As someone says in an earlier thread surely Martin Lewis could get his teeth into this one, especially as these cards have extortionate premiums and the comapnies are hiding behind agreements signed at counters sold by inexperienced staff and signed donkeys years ago!
Please take this further but be prepared for a long wait.
Good Luck

dunstonh

I am afraid you will find that if this is their final response you can refer to the FOS, who will ask you to claim from the underwriter , who turn it down and then it is back to FOS.

The FOS seem to be doing this with quite a few cases but there is little basis for them to suggest it.

fernack

same position as me --- any success at all with Debenhams card??