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unable to uphold your complaint or issue a refund..

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Hi
I'm new to the forum, but have been checking peoples success stories and failures. I decided to put a claim in against Virgin for PPI on my credit, which is now dealt with by MBNA, as I'm sure most people are aware. I originally rang for details on my policy no. start and finish dates, I cancelled it last year. They sent me a leter back, saying that they were looking into mu case. In the mean time I filled in a questionaire and sent it off to them. Coincidentally or not, 2-3 days later I got a reply.

“Our records shat Payment Protection Insurance as applied to you account at your request. Please note that as your application was made online, the signature you provided was an electronic one.

During the internet sales process you experienced, information about Payment Protection Insurance appeared on a separate screen to you credit card application. It would have been clear from this separate screen that the Payment Protection insurance was a distinct product from the credit card. In addition, you were offered an option to tick the box to purchase Payment Protection Insurance. This option to tick the box would have made it clear to you that you could choose whether or not to purchase Payment Protection Insurance. Given that you ticked the bx, I am satisfied that you actively chose to purchase Payment Protection Insurance and understood that it was optional when you did so.”

It goes on to state that when Payment Protection Insurance was added to my count, I was eligible for cover.

“When you opted for payment protection cover, we did not offer advice about the policy, we provided you with information only. In other words yours was non-advised sale.”

“We are satisfied that you had sufficient information to make your own evaluation of and decision about the product on offer. On this basis, I regret to advise that I am unable to uphold your complaint or issue a refund of premiums you paid”

“This is a final response to you complaint”

Then goes on to say if I’m dissatisfied I have the right to refer the complaint to the Financial Ombudsman.

Any advice as to whether I've still got a chance of getting a refund of my PPI payments, or is that it? Cheers
«1

Comments

  • What was your reason for the mis-sale?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    Ninja46 wrote: »
    “Our records shat "
    What a very appropriate typographical error.;)
    Ninja46 wrote: »
    Any advice as to whether I've still got a chance of getting a refund of my PPI payments, or is that it? Cheers
    Unfortunately, a "non-advised" sale of PPI is very difficult to win a successful complaint about. Prior to 2007, many lenders had pre-ticked boxes for online PPI applications but that doesn't appear to be the case here.
  • tifo
    tifo Posts: 2,107 Forumite
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    You could ask for proof of what they're saying, why should you believe what they say?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    tifo wrote: »
    You could ask for proof of what they're saying, why should you believe what they say?
    I'm not sure that would achieve anything.
  • tifo
    tifo Posts: 2,107 Forumite
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    I'm not sure that would achieve anything.

    They say "our records indicate" and then go on to say various things on what "would" have happened. So the OP can ask them for the info they're referring to.

    The OP should also ask for a copy of the application form, even an online application can be printed on A4, i've had a few over the years.

    Also for example, did the bank disclose the commission they would receive as an introducer for the PPI? Was this included in the 'pop up' info?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    tifo wrote: »
    The OP should also ask for a copy of the application form, even an online application can be printed on A4, i've had a few over the years.
    Again, what would this achieve exactly?
    Unless the copy showed contradictions to what the Bank said, it would be just a useless scrap of paper, wouldn't it?
  • It's the reason for the mis-sale stated in the complaint that really matters and whether it's been addressed by the bank. If you're completely sure you didn't tick the box on-line then ask for proof that you did or if you believe you were ineligible to make a claim and believe that the information that appeared on screen didn't explain the conditions/exclusions then again, ask for proof.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    It's the reason for the mis-sale stated in the complaint that really matters and whether it's been addressed by the bank.
    Exactly.....
  • tifo
    tifo Posts: 2,107 Forumite
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    Unless the copy showed contradictions to what the Bank said
    If you're completely sure you didn't tick the box on-line then ask for proof that you did or if you believe you were ineligible to make a claim and believe that the information that appeared on screen didn't explain the conditions/exclusions then again, ask for proof.

    Exactly, and until the OP sees proof they don't know the bank is right in what they say.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    tifo wrote: »
    Exactly, and until the OP sees the documents they don't know.
    Has anyone ever had a situation where the Bank/lender has been "caught out" in this way?
This discussion has been closed.
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