TopMan account card, 1996

Yorkie1974

I put in a PPI claim on a TopMan store card dating back to 1996 a couple of weeks ago. The card was originally managed by GE Money, the response has come back from Santander Cards today saying that they can't investigate my claim as it is too old, and that is their final response.

My grounds for complaint were:
The shop assistant who signed me up to the card in October 1996 ticked most of the boxes on the form, leaving me only to fill in my details. I was told to fill in Sections 1 to 5 on the form, he filled in all the other details, including ticking the box for account cover. He also ticked the box for Card Protection, which I declined because I already had it through my bank.

He did not fully explain what the cover would give me (he sold it to me on the basis that if the jacket I was buying was accidentally damaged, it would be replaced), he did not explain my right to cancel and he strongly recommended that I buy the cover - indeed, the application form clearly states "Affordable cover: we strongly recommend Account Cover as none of us know when misfortune will strike and it is great value for money too at only 75p per £100 of your monthly outstanding balance."

I cancelled the cover in the year 2000 when I realised just how useless it was, but continued to use the card for a couple of years longer.


I enclosed a photocopy of the original application form with my letter claiming I was missold the PPI - I still have my carbon copy of the agreement.




So here's my questions:

• Do I have grounds for claiming that I was mis-sold the PPI?
• Given that it appears that Santander has ignored the copy of the agreement that I provided, should I send the original and ask them to review the case further (they said that if I have any evidence, I should forward it and they will review the case further)?
• Should I take this directly to appeal to the Finance & Leasing Association, as they suggest? Why would it be the Finance & Leasing Association rather than the Financial Services Ombudsman if it was a store card policy?

Many thanks for your help!

dunstonh

The shop assistant who signed me up to the card in October 1996 ticked most of the boxes on the form, leaving me only to fill in my details. I was told to fill in Sections 1 to 5 on the form, he filled in all the other details, including ticking the box for account cover. He also ticked the box for Card Protection, which I declined because I already had it through my bank.

So, why did you sign the form if you knew the information was incorrect?

I cancelled the cover in the year 2000 when I realised just how useless it was, but continued to use the card for a couple of years longer.

If you didnt want it then why did you continue to pay for it for 4 years?

Do I have grounds for claiming that I was mis-sold the PPI?

Weak grounds given the timescale involved and the fact it is all verbal allegations without proof.

Given that it appears that Santander has ignored the copy of the agreement that I provided, should I send the original and ask them to review the case further (they said that if I have any evidence, I should forward it and they will review the case further)?

Chances are Santander have nothing on file after all this time. Hence why they asked for your evidence. You should supply a copy of what you have.

Should I take this directly to appeal to the Finance & Leasing Association, as they suggest? Why would it be the Finance & Leasing Association rather than the Financial Services Ombudsman if it was a store card policy?

No. There is no point referring it to them as Santander will tell them that they have no records as it was so long ago and the FLA will side with them. You need to supply your evidence so santander can look at it.

The reason its not the FOS is that the retailer's provider were regulated by a different body at the time of sale.

Yorkie1974

Thanks for your response.

I didn't sign the form with the incorrect info - I asked him to remove the tick, and he crossed it out and another section on the form. That is clearly visible on the carbon copy of the form I sent to them.

Why did I keep it on? Because, at the time, £20 per month didn't sound like a huge amount of money. Added up over four years, it is.

Does the copy of the agreement that I sent them not constitute evidence? Surely it does, and if so, I have already sent it and they have ignored it.

I have written evidence that the salesman strongly recommended the insurance (it says on the form "This is strongly recommended") and at the time, I was too financially naive to really question it. If someone told me I should have a financial product, I would have bought it. This was before we had internet access at home and before anyone I knew had ever questioned whether you really needed the cover or not. I thought it was financially responsible to buy it, now I know that it was just a moneyspinner.

I'll look into the Finance and Leasing Association - I didn't know they were involved in PPI appeals.

magpiecottage

GE Money was not subject to one of the predecessors of the Financial Ombudsman Service in 1996 so it cannot consider the complaint. Although the banks now owned by Santander (Abbey National, Alliance & Leicester and Bradford & Bingley) fell under the Building Societies Ombudsman, it is the status of the firm that gave the advice at the time it gave the advice that counts.

The FLA will only look at the law, not the FSA rules. This means Santander can simply timebar the complaint because any advice would have been given more than 15 years ago.

Yorkie1974

I didn't realise that there was a 15 year restriction - a number of other posts on the forum say that there is no time limit if you have the original paperwork.

dunstonh

Yorkie1974 wrote: »

I didn't realise that there was a 15 year restriction - a number of other posts on the forum say that there is no time limit if you have the original paperwork.

Under FSA regulation (which leads to the FOS) there is no timebar unless the FSA decides it (other than the 3/6 year rule that doesnt apply at the moment). However, FLA doesnt work under FSA rules.

MrBreadline

Hi Yorkie1974,

My situation is pretty much identical to your own. Please, are you able to tell me if you ever got anywhere with this?

The assistant when I took the TopMan card out insisted the premiums were necessary and I was very young. However after a few years, I rang and queried it, asking if I had the option of not paying it. The person I spoke to rapidly became very aggressive and said they had been completely transparent about it all, and I was so relieved at not having to pay it any more I just got off the phone as soon as I could, and in time paid off the card.

Any help appreciated - even if it is just to say that it's impossible to reclaim on a TM card.

Thanks

Yorkie1974

Oops, only three months late with my reply! Sadly, it went nowhere - I couldn't find anyone willing to take responsibility for it, so I dropped this one.

[Deleted User]

MrBreadline wrote: »

Hi Yorkie1974,

My situation is pretty much identical to your own. Please, are you able to tell me if you ever got anywhere with this?

Yorkie1974 wrote: »

Oops, only three months late with my reply! Sadly, it went nowhere

..and the post you are responding to was itself nine months after your initial post!:rotfl:

sun73

Genworth insurance are handling rejected Santander Cards complaints, however, you also need proof of payment.

Yorkie1974

Thanks, Sun73. Does that mean I should contact Genworth Insurance? Do you have details? I have the original statements with all the PPI detailed on it.