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credit card - I ticked the box

My husband took out a credit card with Morgan Stanley, on the written application form he clearly ticked the box for PPI. On the leaflet it says "we strongly recommend you protect your payments" and also there is no mention of exclusions on pre existing medical conditions, which my husband has.

He says he spoke to a customer advisor on the phone about PPI but cant swear 100% it was with that particular credit card, would the banks have a record / recording of that conversation?

The next complication to the query is that Morgan Stanley then transferred it to Barclay card, transferring over the PPI. If we are unable to claim the initial PPI paid due to him ticking the box, can we claim the PPI back from Barclays as we never signed up for it with them?

many thanks for your help
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Comments

  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    bonjen3 wrote: »

    He says he spoke to a customer advisor on the phone about PPI but cant swear 100% it was with that particular credit card, would the banks have a record / recording of that conversation?
    No and unless you have your own proof of such a call your complaint would be weak "hearsay".
    Regardless, the application form was filled in requesting PPI and so would be regarded as a "non-advised" sale.

    You cannot complain to Barclays about their involvement as the financial agreement you made was simply transferred to them.
  • bonjen3
    bonjen3 Posts: 66 Forumite
    Other people have had PPI refunded when they ticked the box, what grounds did they use then?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    bonjen3 wrote: »
    Other people have had PPI refunded when they ticked the box
    Really? What people? How can I know what they complained about?

    I can only comment on your complaint. As it stands, you don't have one. Pre-existing medical conditions are irrelevant here as the Bank didn't sell the insurance, it was (mis) bought !
    Your husband can assert that he was sold the insurance by telephone, but without any evidence to support this theory (he isn't sure himself!) the Bank would simply reject.
  • bonjen3
    bonjen3 Posts: 66 Forumite
    Really? What people? .

    reading through this forum there are posters who said they got PPI refunded even although they ticked the box.

    eg there is no mention of exclusions for pre existing medical conditions on the form he signed. I understood that the company have a duty of care to make sure you understand the policy and what it was for?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    bonjen3 wrote: »
    there is no mention of exclusions for pre existing medical conditions on the form he signed. I understood that the company have a duty of care to make sure you understand the policy and what it was for?
    Not if you simply fill in an application form and select PPI!

    As I keep telling you, it means you mis-bought rather than were mis-sold.


    Can you link to any of these forum posts you've read where complainants have ticked the box on a application form and subsequently won a PPI complaint?
  • dunstonh
    dunstonh Posts: 121,299 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I understood that the company have a duty of care to make sure you understand the policy and what it was for?

    When it is sold to you, yes. However, when you buy it, there is a lower level required. DIY brings a lower level of consumer protection than sold cases and lower than advised cases (which bring the highest level of consumer protection)
    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.
  • bonjen3
    bonjen3 Posts: 66 Forumite
    teb100 21-07-2012, 4:51 PM
    MoneySaving Newbie

    Join Date: Jun 2009
    Posts: 3
    Thanked 3 Times in 1 Post
    Impressed with MBNA
    Very impressed with MBNA in relation to my claim for credit card PPI.

    I originally tried to claim my PPI back on an A&L credit card back in 2008. I applied for the card in 1998 and the response I got was that I ticked the box so tough luck.

    I called MBNA on Tuesday to try again, they took my details over the phone and promised to contact me within 10 days. On Thursday I received a letter confirming my complaint and today I received a further letter saying my claim was being upheld and I would receive my money within 12 weeks once they've calculated how much I'm owed.

    Great result and impressive service from MBNA. I did say that when I took the card out I was under the impression that choosing PPI would increase my chances of being accepted, perhaps that helped my case?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    Probably auto payment without investigation.
  • bonjen3
    bonjen3 Posts: 66 Forumite
    Probably auto payment without investigation.
    well who is to say that they wouldn't do "auto payment" with our claim, surely its worth a shot!
  • dunstonh
    dunstonh Posts: 121,299 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You may well get an auto payout. That is something we can never account for on the forums. We can only work on the assumption the complaint will be investigated.
    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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