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M&S Chargecard PPI
FlySi
Posts: 56 Forumite
I'm hoping that some of the good people on this site might be able to offer some guidance on a host of issues.
I submitted a SAR to M&S in December with very little information to go by: I couldn't remember the account number, the credit limit, etc. All I could remember was the argument that I had with the OH when I took out the card.
Anyhow, once M&S confirmed that I was who I claim to be (I'd moved house) they actioned the SAR and today I received the results. Included were the following:
1) Copy of application form
2) Copy of rear of application form showing M&S address and 1/4 of Terms and Conditions
3) List of abbreviations
4) Printed reports from M&S systems (CARDPAC) with various data
5) List of transactions (partial)
I've had a look through the original SAR to be clear on what has and has not been fulfilled/complied with and it's all a bit of a mess. M&S include the application form I completed (which I presume they interpret as the agreement) but they have not included the details of the PPI offered, the exclusions, the limitations, etc. nor have they included the information which available at the time of competing the application. They have also left out details of how I could cancel the agreements (which the form says would be sent via post. This is interesting as the form says that I only had a short time to cancel in).
The application was on a tri-fold leaflet - one of those you folded into three, licked the top and stuck it down. This meant that there was nothing that I could take away with me afterwards. The copy provided by M&S only shows the address to which it should be sent and a little bit of the Terms and Conditions.
Some of the most interesting (and worrying) information comes from the internal records held by M&S. The first page shows that the account is still active. Having not used it since 2000, I'm surprised by this. It clearly shows that I have a credit limit of £5000 and available credit of £5000. Moreover, it also shows that I am in credit to M&S by 3p. It also refers to an expiry date on the account of 10/13
The second page shows that the date that the account was last maintained was 20/9/2010 As I have not used the account and presumed it closed, I'm not sure what this means. Equally, this page clearly states that the account was opened in October 1986 and has not been closed. It also shows that I was delinquent with two payments in 1988 (I knew this as I was in hospital at the time). It also shows the highest amount on the account, the date and amount of the last charge on the account, etc.
The third page is entitled Insurance Inquiry and shows that there was PPI on the account. The last premium was 0000007 and was last billed on 19/2/2000 The PPI was cancelled on 25/10/2008 (at which point retirement age was reached). It clearly states Account Active. Further on through these pages, it has what is entitled a Transaction History. Listed under this is 'No History on File' whilst on the Page entitled Purged History Inquiry it reads 'No Records on File for Account'.
Finally, there is a spreadsheet detailing transactions between December 2005 and May 2011 (there are none) but it does reveal a 3p surplus in the account.
So here goes... To my mind, M&S clearly have not fulfilled the SAR (although if anybody wishes to correct me or offer an opinion please do). They have not provided the agreement in full nor the terms and conditions. They have not included all documents relating to the account, such as letters that may or may not have been sent to me (of which I know of one at least) nor have they included documents or correspondence with third parties, such as the underwriter (I presume that they would have provided my details to an underwriter at some point!) They have provided no list of data deleted nor have they provided evidence or certification of when they deleted it or how. Equally, the list of transactions is incomplete. Given that the records provided thus far show how much I charged to the account last (£35), how many times I missed a payment, what my previous credit limit was and so forth, I find it laughable that this information has not been included.
More worrying, perhaps, is that the account is still active and the credit limit is available to me. Anybody could (in theory) obtain the necessary information, impersonate me and obtain this credit. M&S have clearly been negligent in this respect.
Can anybody here offer some advice? The application form included PPI automatically but I did not need it. I was in a job that had exceptional benefits at the time and would have continued to pay out if I was ill. I also was in a position which was 'protected' from easy dismissal. This is included on the application form.
What should I do next? Should I reply to M&S demanding this information or should I pass it on to the Information Commissioner? I realise the M&S may not have been part of GISC or ABI but I've done enough research to know that the FSA and the FOS accept that the rules should be applied retroactively (to an extent). I'm sure that there's a lot here that I'm missing but if anybody could offer some help I'd be grateful!
I submitted a SAR to M&S in December with very little information to go by: I couldn't remember the account number, the credit limit, etc. All I could remember was the argument that I had with the OH when I took out the card.
Anyhow, once M&S confirmed that I was who I claim to be (I'd moved house) they actioned the SAR and today I received the results. Included were the following:
1) Copy of application form
2) Copy of rear of application form showing M&S address and 1/4 of Terms and Conditions
3) List of abbreviations
4) Printed reports from M&S systems (CARDPAC) with various data
5) List of transactions (partial)
I've had a look through the original SAR to be clear on what has and has not been fulfilled/complied with and it's all a bit of a mess. M&S include the application form I completed (which I presume they interpret as the agreement) but they have not included the details of the PPI offered, the exclusions, the limitations, etc. nor have they included the information which available at the time of competing the application. They have also left out details of how I could cancel the agreements (which the form says would be sent via post. This is interesting as the form says that I only had a short time to cancel in).
The application was on a tri-fold leaflet - one of those you folded into three, licked the top and stuck it down. This meant that there was nothing that I could take away with me afterwards. The copy provided by M&S only shows the address to which it should be sent and a little bit of the Terms and Conditions.
Some of the most interesting (and worrying) information comes from the internal records held by M&S. The first page shows that the account is still active. Having not used it since 2000, I'm surprised by this. It clearly shows that I have a credit limit of £5000 and available credit of £5000. Moreover, it also shows that I am in credit to M&S by 3p. It also refers to an expiry date on the account of 10/13
The second page shows that the date that the account was last maintained was 20/9/2010 As I have not used the account and presumed it closed, I'm not sure what this means. Equally, this page clearly states that the account was opened in October 1986 and has not been closed. It also shows that I was delinquent with two payments in 1988 (I knew this as I was in hospital at the time). It also shows the highest amount on the account, the date and amount of the last charge on the account, etc.
The third page is entitled Insurance Inquiry and shows that there was PPI on the account. The last premium was 0000007 and was last billed on 19/2/2000 The PPI was cancelled on 25/10/2008 (at which point retirement age was reached). It clearly states Account Active. Further on through these pages, it has what is entitled a Transaction History. Listed under this is 'No History on File' whilst on the Page entitled Purged History Inquiry it reads 'No Records on File for Account'.
Finally, there is a spreadsheet detailing transactions between December 2005 and May 2011 (there are none) but it does reveal a 3p surplus in the account.
So here goes... To my mind, M&S clearly have not fulfilled the SAR (although if anybody wishes to correct me or offer an opinion please do). They have not provided the agreement in full nor the terms and conditions. They have not included all documents relating to the account, such as letters that may or may not have been sent to me (of which I know of one at least) nor have they included documents or correspondence with third parties, such as the underwriter (I presume that they would have provided my details to an underwriter at some point!) They have provided no list of data deleted nor have they provided evidence or certification of when they deleted it or how. Equally, the list of transactions is incomplete. Given that the records provided thus far show how much I charged to the account last (£35), how many times I missed a payment, what my previous credit limit was and so forth, I find it laughable that this information has not been included.
More worrying, perhaps, is that the account is still active and the credit limit is available to me. Anybody could (in theory) obtain the necessary information, impersonate me and obtain this credit. M&S have clearly been negligent in this respect.
Can anybody here offer some advice? The application form included PPI automatically but I did not need it. I was in a job that had exceptional benefits at the time and would have continued to pay out if I was ill. I also was in a position which was 'protected' from easy dismissal. This is included on the application form.
What should I do next? Should I reply to M&S demanding this information or should I pass it on to the Information Commissioner? I realise the M&S may not have been part of GISC or ABI but I've done enough research to know that the FSA and the FOS accept that the rules should be applied retroactively (to an extent). I'm sure that there's a lot here that I'm missing but if anybody could offer some help I'd be grateful!
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Comments
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Cannot advise re the SAR,but you have the account number and you could put a claim in for mis sell.
I know they dont have to give you the original application form a copy will suffice,also,i have a card that is still open but i have not used since 1999,this could be because i did not cancel it.
This is one reason you could have been mis sold.Can anybody here offer some advice? The application form included PPI automatically but I did not need it. I was in a job that had exceptional benefits at the time and would have continued to pay out if I was ill. I also was in a position which was 'protected' from easy dismissal. This is included on the application form.
Look here for others.
http://www.moneysavingexpert.com/reclaim/ppi-credit-card-insurance#step20 -
Can I ask you what address you sent the sar to?0
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I submitted a SAR to M&S in December with very little information to go by
today I received the results. Included were the following:
1) Copy of application form
2) Copy of rear of application form showing M&S address and 1/4 of Terms and Conditions
3) List of abbreviations
4) Printed reports from M&S systems (CARDPAC) with various data
5) List of transactions (partial)
The third page is entitled Insurance Inquiry and shows that there was PPI on the account. The last premium was 0000007 and was last billed on 19/2/2000 The PPI was cancelled on 25/10/2008 (at which point retirement age was reached).
In respect of the the premium charged I believe it would have been 70 pence per Hundred Pounds outstanding balance.
In May 2003 prior to HSBC taking over M&S Money the premium was increased to 75 pence per Hundred Pounds
As Amersall advises you have sufficient information to put in a claim
" It also shows that I was delinquent with two payments in 1988 (I knew this as I was in hospital at the time). It also shows the highest amount on the account, the date and amount of the last charge "
I wonder if you can help me ?
Does it give any details of Payments Etc from pre 2000 as I need to prove existence of payments prior to HSBC takeover in 2004
Many thanks:beer:0 -
It's been sometime (and I had to search for this thread) but I've finally had progress on this complaint. I'll give a brief recap...
1) Submitted a complaint to M&S stating that the PPI on an M&S Chargecard was mis-sold. Reasons included being in a protected job (working for the NHS), extensive savings, reasonable pay and benefits packages, etc. as well as never having claimed on the policy because I wasn't aware of it. This was in Spring 2012.
2) M&S rejected the complaint for a host of reasons that don't hold water. They had not actually bothered to read the particulars of the complaint.
3) Forwarded complaint to FOS in mid-2012.
4) Today, I received an offer of... £60 Yes, you read that correctly.
The letter from the FOS states that M&S no longer have records and can only base the calculation on the information they have to hand. The last premium paid towards PPI was for 7p. According to the FOS this figure has been used "as a constant" to calculate redress to 1986.
I can accept the logic of the position taken by both the FOS and M&S. What I cannot accept, however, is that they appear to put little effort into this process. I had the common sense to request a SAR. This provided me with ample information including the highest balance on the account (£3800 approx). This information was sent to me by M&S and I quoted it and sent copies of it to both M&S and the FOS in my complaints. I also sent copies of cheque books showing amounts drawn against my account to pay M&S Financial Services for amounts that were 5% of the outstanding balance. (Before anybody asks, 5% of £3800 is £190, etc. and these figures reflect the little information that M&S was in a position to supply and they tie in with the cheque books).
The FOS and M&S have, by all accounts, failed to consider other information provided by myself. I appreciate that while the cheque books may not be considered reliable, the figures from the M&S system itself should be.
Needless to say, I shall be spending some of the festive season penning a response to the FOS, pointing out the failings in the process, and rejecting the offer.
Will keep you all informed!0 -
I don't know why the contents of your SAR report weren't considered, but copies of cheque book stubs are not outright proof of actual payment I'm afraid.Needless to say, I shall be spending some of the festive season penning a response to the FOS, pointing out the failings in the process, and rejecting the offer.
At least your complaint has been upheld by FOS, so you are at least part way there. Do realise that FOS referrals typically take eighteen months or more, so you've still some ways to go.
Good luck.0
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