FOS not upholding PPI claim

guylondon

Hi,

Can anyone suggest what to do as my PPI Claim has not been upheld by the FOS. I was informed in a telephone call that they have evidence that I agreed to the PPI policy on the internet in 2007 and therefore the complaint cannot be upheld but I didn't agree to the policy and was aware i had the policy until a few months ago.

Can anyone advise on what to do?

Thanks

[Deleted User]

guylondon wrote: »

Can anyone advise on what to do?

The evidence presented by the Bank to FOS does not tally with your version of events.

It looks as if you applied online (with no Bank staff present) and so mis-bought rather than were mis-sold.

You also appear to have then forgotten ever taking the insurance.

Unless you have very compelling evidence to the contrary, I think you need to accept that your "complaint" is now dead and buried.

guylondon

Moneyineptitude wrote: »

The evidence presented by the Bank to FOS does not tally with your version of events.

It looks as if you applied online (with no Bank staff present) and so mis-bought rather than were mis-sold.

You also appear to have then forgotten ever taking the insurance.

Unless you have very compelling evidence to the contrary, I think you need to accept that your "complaint" is now dead and buried.

Thanks but I hadn't forgotten or mis-brought the ppi as you put it.

I had 2 other c.cards where applied online (with no Bank Staff present) they have both been upheld and had both mis-sold ppi in the very same way.

[Deleted User]

guylondon wrote: »

I had 2 other c.cards where applied online (with no Bank Staff present) they have both been upheld and had both mis-sold ppi in the very same way.

Since every case is considered on it's own merits (or lack of them) other complaint outcomes are irrelevant. Perhaps there was a pre-ticked box on your other applications or the Bank found other faults during their investigation.
EDIT;It's also possible that both these other complaints received an auto-payout because the amounts involved did not warrant an investigation You'll never know for certain since Banks don't divulge this kind of information.

Regardless of your protestations, the Ombudsman has not found in your favour on this occasion.
End of the line for your complaint.

guylondon

Moneyineptitude wrote: »

Since every case is considered on it's own merits (or lack of them) other complaint outcomes are irrelevant. Perhaps there was a pre-ticked box on your other applications or the Bank found other faults during their investigation.

Regardless of your protestations, the Ombudsman has not found in your favour on this occasion.
End of the line for your complaint.

There was a pre-ticked box on this ppi complaint and the FOS couldn't answer my question whether or not it was pre-ticked. Therefore I don't agree that this is the end of the line.

Does anyone have helpful suggestions on furthering this?

[Deleted User]

guylondon wrote: »

I don't agree that this is the end of the line.

Well, your only avenue left after the Ombudsman is the small claims court.
However, unless you can prove categorically that there was a pre-ticked box you won't win. In law he who asserts must prove, the Bank and FOS don't have to prove that there was no pre-ticked box.

I suppose you could also write to FOS demanding a statement that there was no pre-ticked box, but that wouldn't change the status of your complaint.

guylondon

Someone seems a little defeatist!

I will keep trying, as I was mis-sold a product I didn't need.

[Deleted User]

guylondon wrote: »

Someone seems a little defeatist!

The Ombudsman is the final arbiter, you have already exhausted all the realistic available avenues.
Going to court could end up costing you.

guylondon

Moneyineptitude wrote: »

The Ombudsman is the final arbiter, you have already exhausted all the realistic available avenues.
Going to court could end up costing you.

There is an option to appeal against their decision, the FOS said that, therefore there is always another avenue.

[Deleted User]

guylondon wrote: »

There is an option to appeal against their decision

Ah, I assumed you had already passed that stage.

guylondon wrote: »

therefore there is always another avenue.

Always? I don't think so.

Good luck with your appeal (do read my edit to post #4, though)

dunstonh

I will keep trying, as I was mis-sold a product I didn't need.

No you were not. According to your posts you were not sold it. You bought it online. So, you cant be mis-sold as no-one sold it to you.

had 2 other c.cards where applied online (with no Bank Staff present) they have both been upheld and had both mis-sold ppi in the very same way.

Probably auto payouts as already mentioned. A good volume of payouts have been auto paid out without investigation. Tends to happen where the amounts are small (under £2000) and/or in busy periods.

Getting lucky with other providers does not mean you will get lucky with all.

There was a pre-ticked box on this ppi complaint and the FOS couldn't answer my question whether or not it was pre-ticked. Therefore I don't agree that this is the end of the line.

Does anyone have helpful suggestions on furthering this?

If the company have no evidence to support your allegations then the onus is on you to provide evidence. Do you have any evidence to back up your allegation? Can you really remember the application process from 6 years ago?