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American Express, Claiming PPI, I have a No claim answer from them

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  • dunstonh
    dunstonh Posts: 119,678 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    1) Terms and conditions were not clearly marked on the online form that I filled out back in 2005.

    2) T & Cs and T& C with my signature that I sent back to Amex did not make any mention of PPI See attached Exhibit AB2 Blue Customer Copy T's & C's) & (Exhibit AB3 Blue Generic Sign T's & C's)

    3) I was under the impression from the way the Online form was presented that if I did not take out the PPI I would not be offered the Credit Card.

    4) I never thought that I might find it difficult keeping up payments, since I was in full time employment and healthy.

    5) The cost of the policy at £X was unusually high.

    6) From February 2008 to October 2008 I was self employed

    7) When I made the application for card ending 4005 online there was an opportunity for me to review the information before it was submitted, I copied and pasted what I saw in the screen at that time and saved it as an image file.

    1 - they think they are. If you disagree, refer it to the FOS.
    2 - T&C agreements dont often have to include reference to third party products
    3 - Unless it said that on the online process then what you thought doesnt matter
    4 - Irrelevant.
    5 - Irrelevant. They can retail their product with the price they like. You dont buy AMEX for low cost.
    6 - Irrelevant. Mis-sale relates to point of sale. Plus, many PPI do cover self employed.
    7 - and?
    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.
  • Help please

    I had an Amex Credit card with PPI and have tried to reclaim using MSE std forms.

    I have had a reply back form them with a photocopy of the original online 'five minute application form' where I had ticked the box for PPI, they therefore said they would not be paying out.

    Can I argue I did not know what I was doing or felt I had to tick the box to make sure I got the card, or am I screwed :)?

    There would be quite a lot of PPI as I managed to build up a £20k debt (with a lot of default charges, around £4k I think) and only paid it off when I sold my house.

    Paul
  • -taff
    -taff Posts: 15,350 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You can argue that you didn't know what you were doing, but it proably won't work.
    You can refer it to the FOS, they may identify another failing where it wouldn't pay out but you're in the same position as the person above. You bought it online with no advice, so you miss-bought it, it wasn't sold to you.
    Non me fac calcitrare tuum culi
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    PaulBuxton wrote: »
    Can I argue I did not know what I was doing
    Yes, but all you would be doing is admitting that you mis-bought rather than were mis-sold.
    -taff wrote: »
    You can refer it to the FOS, they may identify another failing where it wouldn't pay out
    That's irrelevant if the policy was bought not sold.
  • -taff
    -taff Posts: 15,350 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 February 2013 at 2:37PM
    American Express have upheld 45 out of 3421 in the latest statistics I can find, so not hopeful anyway :)


    what would be the outcome if the PPI was clearly unsuitable, would they refund because you've made a mistake in thinking it suitable?
    Non me fac calcitrare tuum culi
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    -taff wrote: »

    what would be the outcome if the PPI was clearly unsuitable, would they refund because you've made a mistake in thinking it suitable?
    No, it was mis-bought not mis-sold.
    I'm doubtful they'd even offer a goodwill payment in this case...
  • BC_KT
    BC_KT Posts: 100 Forumite
    Even if it was unsuitable, if it was specifically selected to have it online, you're unlikely to get a refund as you essentially asked for it.
    PaulBuxton wrote: »
    Help please
    Can I argue I did not know what I was doing or felt I had to tick the box to make sure I got the card, or am I screwed :)?

    I would think that you'd have to prove that you were not of sound or capable mind at the time of purchase and as such was not mentally fit to make that decision at the time of purchase, but even then you'd probably be looking at a GoGW at best.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    BC_KT wrote: »
    Even if it was unsuitable, if it was specifically selected to have it online, you're unlikely to get a refund as you essentially asked for it.
    Yes, hence mis-bought rather than mis-sold.
    BC_KT wrote: »
    GoGW
    What?
  • BC_KT
    BC_KT Posts: 100 Forumite
    Sorry, Gesture Of GoodWill, bad abbreviation habit
  • By any chance somebody has a copy of Amex British Airways 2008 T&C and application? It looks like I have been lied to. Im currently dealing with the PPI claim. Thank you.
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