No refund due response from Argos, Capital One and Egg

Mudd14

Hi all,

Hoping for a little bit of help. I applied to claim the miss-selling of PPI against the above companies on behalf of a family member due to the fact that they recieve and extensive Sick Pay package from their employer and so were not correctly advised about the insurance. My family member would have never wanted these insurances as they would never need to claim.

Argos have replied, including a copy of the pre populated application form, with (to summarise);

• Coversafe insurane is sold on a non advise basis, they do not asses the suitability of the individuals bt only highlight the eligibility requirements.
• Full policy documents were supplied after the call
• Pre populated credit agreement was sent so the information could be checked before agreeing.
• The account has been protected for the term of the policys exsitance. Therefore no miss selling took place, no refund due.
• The option to complain to their customer care manager
• FOS has no juristiction over pre 2005 policy
• Can complain to FOS about a phone call made to cancel the policy on 26/01/2007 but they talked us into keeping the policy

Capital One replied, including thier PPI info, with say;

• No application for PPI when making the postal application
• PPI was activated when the phone call was made to activate the card
• They confirmed we were eligable for the policy based on earnings/age/ etc
• They sell PPI on a non advice basis
• Their findings confirm we recieved information about PPI with the postal application, PPI info was sent after the policy was purchased which gave a 30 day cooling off period where we could review the policy and cancel free of charge
• Based on the above no refund is due
• Can contact FOS to complain

Egg say;

• The insurance was purchased through the Egg website on 25/06/2007
• Doesnt require you to purchase to obtain a credit card
• Does not porvide an advisory service
• Required you to positively confirm you wish to purchase this policy during the online application
• Provide you with full T&C's and requested you to read before submitting.

What does everyone think? Or is this the end of the road for the insurance we never wanted?!

Thanks for any help people can give.

magpiecottage

If no advice was given then the policy cannot have been missold.

It is possible that FOS would consider a telephone conversation to amount to advice but would probably need a recording of the conversation to decide.

However, you have not given details of the "extensive sick pay package". In my experience, such arrangements are often far less generous than consumers suppose - and it is also possible that the PPI would pay out anyway.

In addition, no employer provides insurance against making staff redundant because if it has no intention of doing so it is a waste of money and if it does then the risk would be uninsurable.