Sainsbury's PPI Claim rejected by BOS

jay_65

I took out a Sainsbury's credit card in 1998. I filed a PPI complaint using the FSA questionnaire with Sainsbury’s two months ago claiming that I was mis sold PPI and it was added without my knowledge. It has to be noted that I do not have the Credit Card Agreement or the terms and conditions that were applicable at the time I took out the agreement.

Sainsburys have denied my claim on the basis that they established that I have applied for this credit card in 1998 via post. The Credit Card Agreement had an optional tick box for consent of PPI and that box was ticked. Therefore I had knowingly asked for this PPI.

I am angered by this decision. I don't have the Credit Card Agreement or the terms and conditions that were applicable at the time I took the agreement so I can't verify their claim. I have requested a copy of this information and waiting for it.

I am sure that I didn't ask for PPI, in fact I can’t remember how I applied for this Credit Card. I applied for it in 1998. Could it have been that Sainbury's were selling the credit cards in their branches and one of their representatives filled the application form up for me and posted it?? If I did say that it was one of sainsbury's rep who made me fill out the form it would coincide with my FSA questionnaire where I stated that I can't remember where the sale took place.

Furthermore, at the time I took out the Credit Card I was unemployed... I'm not too sure if the Sainsbury's (Bank of Scotland) PPI policy had this as an exclusion for claims to be made. If so would it be Sainsbury's responsibility to check my circumstances and identify that I am unemployed and therefore PPI would not be valid?? Hence mis-sold PPI?? I have 3 weeks to respond to this letter otherwise BOS would consider the complaint resolved.

Can anyone help me with immediate remedies! Please advise! Thanks

roonaldo

jay_65 wrote: »

Furthermore, at the time I took out the Credit Card I was unemployed... I'm not too sure if the Sainsbury's (Bank of Scotland) PPI policy had this as an exclusion for claims to be made. If so would it be Sainsbury's responsibility to check my circumstances and identify that I am unemployed and therefore PPI would not be valid?? Hence mis-sold PPI?? I have 3 weeks to respond to this letter otherwise BOS would consider the complaint resolved.

1. You were unemployed? they would have declined your credit card application, unless you lied or are mistaken.
2. They dont have to check your circumstances for the insurance, you applied for it via post, this is a non-advised sale. So no suitability check is done, because its up to you.

jay_65

Ok so can I throw at them that the Credit Card was sold to me by one of their representative at Sainsbury's and that they posted the application form?? During the sales process they failed to provide any sort of information relating PPI and added it on without my knowledge. Please prove otherwise.

Good response?

burty8899

i believe the onus is on you to prove you were mis sold, not on them to prove that you were not.

just_trying_to_help

jay_65 wrote: »

Ok so can I throw at them that the Credit Card was sold to me by one of their representative at Sainsbury's and that they posted the application form?? During the sales process they failed to provide any sort of information relating PPI and added it on without my knowledge. Please prove otherwise.

Good response?

Hbos do keep a good record of all sales, including how the application was applied for. If they say it was a non advised direct mail sale then it will be. They will have a copy of your CCA and sales system records logging the sales channel it was applied through. Two definitive pieces of evidence in their favour.

As a PPI handler I can confirm that they would not say it was sold one way if it wasn't the case. (Afterall, if you took the matter to FOS then they can apply for the investigation notes to back up their response to you.)

If you were unemployed when you requested the insurance they would have declined to insure you, either that or you told porkies on your application in order to get the CC? (something they can't be held responsible for.)

As a non-advised sale they did not have to check the PPI suited your circumstance, it was up to you to read the literature that would have been sent post-sale (as non-advised there isn't really a sales process in which they can provide information before you sign).

If your complaint that it was mis-sold is that it was added without your knowledge then I'd concede, if you ticked the box requesting PPI then I'm afraid it's a pretty open and shut case for them.

JTTH

jay_65

Hmm... I am currently waiting for a response for a request of my CCA. This would should provide a clearer picture. Also can I SAR them stating that i am entitled to see the info that they have based their rejection on?

In all honesty I did not want PPI, is there no argument for me to succeed in this case??

jay_65

OMG I just received a letter from Sainsbury's Finance refusing to provide the CCA as my account has been closed and there is no longer a regulated agreement between ourselves. Please advise.

dunstonh

The type of application used will have indicators for the distribution channel used. So, a mailshot or advert will have codes on it which allow the provider to identify where the application has come from. So, they should be able to clearly see whether this was a bought case, advised case or sold case.

OMG I just received a letter from Sainsbury's Finance refusing to provide the CCA as my account has been closed and there is no longer a regulated agreement between ourselves. Please advise.

That is correct. The £1 CCA method only applies to debts outstanding or accounts still open. Not repaid/closed.

You need to do a DSAR. However, you may well find that asking them to show you is quicker.

In all honesty I did not want PPI, is there no argument for me to succeed in this case??

There is nothing wrong with having PPI. The whole PPI issue is not about the product but the way it was sold or set up. Everything you have said indicates that you were not sold the product and no wrong doing has taken place.

You bought the PPI rather than it being sold to you. That makes mis-sale complaints far harder as no-one else was involved. You are typically only reliant on a documentation error with these and that happens rarely (although it has happened).

jay_65

Ok, so do I need to comply with their 28 days time frame to respond to their letter?

Wywth

jay_65 wrote: »

I took out a Sainsbury's credit card in 1998. I filed a PPI complaint using the FSA questionnaire with Sainsbury’s two months ago claiming that I was mis sold PPI and it was added without my knowledge. It has to be noted that I do not have the Credit Card Agreement or the terms and conditions that were applicable at the time I took out the agreement.

Sainsburys have denied my claim on the basis that they established that I have applied for this credit card in 1998 via post. The Credit Card Agreement had an optional tick box for consent of PPI and that box was ticked. Therefore I had knowingly asked for this PPI.

I am angered by this decision. I don't have the Credit Card Agreement or the terms and conditions that were applicable at the time I took the agreement so I can't verify their claim. I have requested a copy of this information and waiting for it.

I am sure that I didn't ask for PPI, in fact I can’t remember how I applied for this Credit Card. I applied for it in 1998. Could it have been that Sainbury's were selling the credit cards in their branches and one of their representatives filled the application form up for me and posted it?? If I did say that it was one of sainsbury's rep who made me fill out the form it would coincide with my FSA questionnaire where I stated that I can't remember where the sale took place.

Furthermore, at the time I took out the Credit Card I was unemployed... I'm not too sure if the Sainsbury's (Bank of Scotland) PPI policy had this as an exclusion for claims to be made. If so would it be Sainsbury's responsibility to check my circumstances and identify that I am unemployed and therefore PPI would not be valid?? Hence mis-sold PPI?? I have 3 weeks to respond to this letter otherwise BOS would consider the complaint resolved.

Can anyone help me with immediate remedies! Please advise! Thanks

So what evidence do you have to support your allegation that you were mis-sold the PPI?

Don't get angry, get even

jay_65

I thought it was there to prove my allegations are wrong??