barclaycard / morgan stanley claim

bonjen3

Husband took out credit card from morgan stanley in 2001 , which was taken over by barclaycard. I have a copy of a form signed /filled in by my husband that he has ticked ppi box. Its a long time ago, so he cant recall exact details but says that he thinks it was from a junk mail flyer and he would of spoken to customer services before filling in the form. Got a letter dated 21 st, saying they were looking into it, got a letter dated 22nd saying that " your application for ppi was submitted by post, this means at the appoint of applying for ppi we did not give you any advise and the process required you to select the specific type of cover you required. Our investigation also shows that when you made your application you were : provided with information to help you decide if ppi was suitable for you. we therefore cant agree that you were not given enough info when you took the policy out. " Should I ask them to reconsider or go straight to Ombisman. My husband had a serious health condition at the time of taking out this ppi

[Deleted User]

Unless you can prove the sale was "advised" (which it clearly wasn't) a postal application is deemed a mis-purchase rather than a mis-sale. Your husband's health condition is not relevant in cases of mis-purchase, since he actively selected the PPI for himself.
The Ombudsman will not be able to help in this instance, though there is nothing to stop you referring your complaint.

dunstonh

Should I ask them to reconsider or go straight to Ombisman.

What would your complaint be that the firm have not answered?

My husband had a serious health condition at the time of taking out this ppi

serious enough to invalidate the policy or serious enough to stop claims on only on that condition but not others?

[Deleted User]

dunstonh wrote: »

serious enough to invalidate the policy ?

Would that be a valid complaint if the OP actively selected the policy without being actually sold it?

dunstonh

Moneyineptitude wrote: »

Would that be a valid complaint if the OP actively selected the policy without being actually sold it?

Not normally unless the promotional material at the time had some failure in it

bonjen3

dunstonh wrote: »

Not normally unless the promotional material at the time had some failure in it

I've got the promotional leaflet it states " PROTECT your payments , your cards, and YOURSELF.

You never know whats round the corner, so we recommend you cover your repayments and cards against the unexpected with Morgan Stanley's PPI and CPP

Payment Protection If you lost your income through no fault of your own, at least you wouldnt have to worry about keeping up your Morgan Stanley Card repayments.

For JUST 71p per each £100 of your outstanding balance, our PPI will safeguard your monthly repayments against sickness, accident and redundancy.

As a responsible lender, we strongly recommend you cover your repayments in this way.


That is all written in their paperwork bumf , there is no asterisk for exclusions , surely they should point something out to me?

bonjen3

dunstonh wrote: »

What would your complaint be that the firm have not answered?



serious enough to invalidate the policy or serious enough to stop claims on only on that condition but not others?

Hi, he weighed around 25 stone at the time, so morbidly obese , and a whole host of associated medical problems - high blood pressure etc

[Deleted User]

bonjen3 wrote: »

Hi, he weighed around 25 stone at the time, so morbidly obese , and a whole host of associated medical problems - high blood pressure etc

That, by itself, won't have invalidated the insurance unless he was previously diagnosed "morbidly obese" and then tried to claim on the insurance due to the condition.

bonjen3 wrote: »

I've got the promotional leaflet it states…

I see no failing at all in the promotional literature you quote, certainly nothing which would overturn what I said at post #2 of this thread.
He simply mis-bought by applying via post.

bonjen3

Thanks, for your reply, his weight / health concerns will be well documented in his medical notes/ inflated premiums for life insurance etc

I feel the literature does advise you to take it, it states " we strongly recommend" If that is not advising you to take it what is?

[Deleted User]

bonjen3 wrote: »

I feel the literature does advise you to take it, it states " we strongly recommend" If that is not advising you to take it what is?

Comments in a leaflet are not deemed "advice" with regard a sale made on the internet or by post.
Again, sorry.

bonjen3

Moneyineptitude wrote: »

Comments in a leaflet are not deemed "advice" with regard a sale made on the internet or by post.
Again, sorry.

Ok, thanks, but surely they had a duty to state that "exclusions / conditions apply" ? there was nothing like that at all