GE Capital / Santander PPI Reclaim Pre 2005

FrancisFamily

Hi, please can anyone tell me if these claims are likely to be successful? My wife had a BHS & River Island storecard, both pre 2005, she has sent a complaint letter abuot 6 weeks ago, and has had an acknowledgement letter, followed by a second one after 4 weekes advising that they were still looking into the complaint and should have resolved it within 4 weeks (8 weeks in total).
I have now seen various posts stating that the claims are likely to be unsuccessful because GE Capital were not regulated by GISC.
As she had the cover on a balance of £600 for 9 and a half years I imagine that it should be a reasonable claim?
Please can somebody tell me if this is the case, and is there anything that can be done about it?
Thanks, Dan

dunstonh

As she had the cover on a balance of £600 for 9 and a half years I imagine that it should be a reasonable claim?

There is nothing wrong with having PPI. So, just having the insurance is not grounds for complaint and the fact she paid it for 9 and a half years is something you cant complain about. It was on 114 statements potentially. Why did she not complain 113 statements ago? So, I disagree about 9 and a half years of paying it making it a reasonable complaint.

FrancisFamily

Sorry, I think I should have made it clearer, the actual grounds for complaint was that she was told she had to take the cover by the shop assistant to be accepted, and being a single parent on benefits working one hour a week, I dont believe that the cover would have been suitable for her. I hope that this makes more sense, sorry for the confusion. The reason for not complaining 113 statements ago was due to a lack of knowledge about what she had signed up for.
On a more positive note, we have now clearer the balances on the cards and cancelled the cover about three months ago.

dunstonh

ahh, i thought you meant timescale of having it made it a reasonable complaint. However, your extra info does indicate you do actually have other reasonable complaint reasons

FrancisFamily

Thanks Dunstonh,
Do you know if there have been many successful claims / upheld complaints against GE Capital / Santander Cards for pre 2005 agreements, or do they normally manage to pass them off because they were unregualted at the time?

Thanks, Dan

saras_2

Hello

If your wife was not eligible for the cover then it might be worth taking a bit of a different approach. As GE were not members of GISC prior to regulation it might be worth just trying to claim back to 2005. The FSA rules kicked in in January 2005 - if your wife was not eligible from that time, you could argue that she was paying for cover that she would not have been able to make a claim on and that you feel GE is not treating your fairly under the FSA Principles.

I'm not sure if it will work, but firms do have ongoing obligations to customers under FSA rules even where the sale took place before the regulations were introduced.

Good luck.

FrancisFamily

Hi everyone, we had originally requested the statements, but not a full SAR.

When we sent in the complaint, we used the standard FOS claim form and have now received a response.

Santander didn't make any comment about it being GE Capital and them not having been regulated, and have said that we can write to FLA.

What is interesting is that they could find a copy of the River Island application form but not the BHS form. They have included a copy of the form as evidence stating that my wife ticked the box (although the box had been electronically crossed) and so she had opted in. They also claim there was no requirement for them to record their sales processes at the time. In addition to this, her occupation is shown as self employeed, which they have typed into the form, so would clearly have been aware of the inappropriate nature of the cover.

Any suggestions as to what we should do next? Should we still do a SAR for the first form or work on the basis that they cannot provide a copy?

If it helps I can scan and attach a copy of the letter and application form?

Thanks, Dan and Jayne

FrancisFamily

Well the standard letter from FOS arrived yesterdday advising that we should hear back within 4 weeks. Fingers crossed although I doubt that it will prove to be successful as it is pre-2005 despite the evidence being fairly compelling for mis-selling the cover - e.g. self-employed, GE Capital being fined for mis-selling and the bulling tactics at point of sale.

lollipop21_2

i need your help i am having the same problem and i have gone to the ombudsman, unfortunately i havent got any of my details. They want to know who the underwriters were for ge capital CAN ANYONE HELP PLEASE

amersall

Contact GE and ask them, they should tell you.