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PPI - Marks & Spencers

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2

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  • dunstonh
    dunstonh Posts: 119,634 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 27 August 2013 at 2:39PM
    Over the box it states 'WE STRONGLY RECOMMEND YOU TAKE THIS OUT' surely that is miss selling ???

    How is that mis-selling? - The wording indicates it is optional but something they suggest you have. it doesnt say you must have it. If it did (and you didnt have to have it) then it would be a dead cert complaint.

    However, more importantly, the FOS dont think so. Here is a rejected complaint that used the same wording: http://ombudsman-decisions.org.uk/viewPDF.aspx?FileID=4666 or another: http://ombudsman-decisions.org.uk/viewPDF.aspx?FileID=9709

    Here is one on M&S: http://ombudsman-decisions.org.uk/viewPDF.aspx?FileID=5836
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • It doesn't say 'PLEASE CONSIDER IF YOU NEED TO TAKE THIS OUT' !! the wording they use is pushing you in the direction of taking out the PPI.
  • dunstonh
    dunstonh Posts: 119,634 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    nskeates wrote: »
    It doesn't say 'PLEASE CONSIDER IF YOU NEED TO TAKE THIS OUT' !! the wording they use is pushing you in the direction of taking out the PPI.

    There are multiple ways of saying the same thing. Strongly recommend is forceful in making you think about it but it does not mean it is compulsory. So, it is clear it is optional. Yes, they want you to take it out but the words used do indicate it is optional.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • OK, Thanks for the references to other cases. I couldnt find anything on this site so thought i would ask the question.

    thanks
  • brown1950
    brown1950 Posts: 264 Forumite
    nskeates wrote: »
    OK, Thanks for the references to other cases. I couldnt find anything on this site so thought i would ask the question.

    thanks

    By any chance is your's a store card automatically converted in 2003 to
    a credit card ?

    I ask this question as i only know of one case where M&S took a debtor to court regarding the store card transferred to a credit card and then stopped the action once a copy of Santander Cards (UK) Ltd v Mayhew judgement was introduced into the proceedings by the defendant.
    This begs the question ' How legal is it to charge PPI on a credit card
    without a signed credit card agreement' ?
  • brown1950 wrote: »
    By any chance is your's a store card automatically converted in 2003 to
    a credit card ?

    I ask this question as i only know of one case where M&S took a debtor to court regarding the store card transferred to a credit card and then stopped the action once a copy of Santander Cards (UK) Ltd v Mayhew judgement was introduced into the proceedings by the defendant.
    This begs the question ' How legal is it to charge PPI on a credit card
    without a signed credit card agreement' ?

    Can I ask what this was regarding please as my Debenhams store card was just changed to a credit card and it had ppi on it. I have cancelled it but not claimed as unsure how to do it. Any advice gratefully received.
  • -taff
    -taff Posts: 15,336 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    pay no attention to him, he does like to make stupid arguments and refer to court cases which have no bearing on a PPI complaint
    Make your complaint as normal

    http://www.moneysavingexpert.com/reclaim/ppi-credit-card-insurance
    Non me fac calcitrare tuum culi
  • -taff wrote: »
    pay no attention to him, he does like to make stupid arguments and refer to court cases which have no bearing on a PPI complaint
    Make your complaint as normal

    http://www.moneysavingexpert.com/reclaim/ppi-credit-card-insurance

    Well smart !!!! perhaps you could answer my earlier post in particular
    to the question :-

    'How legal is it to charge PPI on a credit card without a signed credit
    card agreement' ?
    I ask this question because M&S have thousands of 'toxic' credit cards
    in circulation without signed agreements from customers !
  • brown1950 wrote: »
    I ask this question because M&S have thousands of 'toxic' credit cards
    in circulation without signed agreements from customers !
    Your question is off topic and irrelevant the the OP's PPI complaint. If you want to discuss the "legality" of converting existing store cards into ordinary credit cards then I suggest you start a new thread about it.
  • dunstonh
    dunstonh Posts: 119,634 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    'How legal is it to charge PPI on a credit card without a signed credit
    card agreement' ?

    Not a problem. PPI and the credit agreement are usually two different unrelated things. PPI can just be a transaction like any other retail transaction.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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