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Bank of Scotland Credit Card Online App in 2005

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Morning All


I was wondering if you could help. I've recently been refused PPI for a Bank of Scotland credit card, made in 2005. This account has just recently been closed with PPI consistently throughout.


It has been refused on the basis that it was online and the onus is on me to read the docs etc however I have read that prior to 2007 the way it was worded or the opt out rather than opt in is a factor. But how do I find this out after 9 years. I suspect I would need a screen shot?


If you could help that would be appreciated.


Thanks
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  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    refused on the basis that it was online and the onus is on me to read the docs etc however I have read that prior to 2007 the way it was worded or the opt out rather than opt in is a factor.
    PPI purchased online (even if unsuitable) is deemed mis-bought because there were no bank staff present to sell it to you.

    The Bank have already investigated and rejected your complaint because no wrong-doing was found.

    Part of their investigation would have been to check if there was a pre-populated box for PPI. Since you have no evidence to the contrary, it looks as if you'll have to accept you were not mis-sold.

    Where do you imagine you'd be able to get a "screenshot" or other such evidence?
  • I suppose that was the question. Going by the advice on here:


    "But there's an important exception. If you signed up with a provider that was using pre-ticked boxes, you may have had to opt out of the insurance rather than opt in.


    In July 2007, all lenders agreed to stop doing this, but if you took out a card before this date, check urgently – you may have bought insurance without knowing."
    and from FOS


    "We were given screen shots of a policy being taken out over the internet. Although these are usually non-advised sales, one of the screen shots said "we strongly recommend you take out this PPI". We were satisfied from the consumer's account of the sale that he had placed some weight on this - and so we concluded that the sale was advised."
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    As I already advised, the Bank should have checked to see if your particular application would have had a pre-ticked box as part of their investigation into your complaint.

    If you don't believe them, you can now refer your case to the Ombudsman. Screenshots will be sent to FOS as part of the Bank's defence.
  • Helpful to know this may have already been checked by the bank and also good to know I can imagine I'd be able to get "screenshots" and other such evidence from the bank as part of their defence.
  • -taff
    -taff Posts: 15,372 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You won't necessarily be given screenshots, the FOS will.
    And it might not be the actual application, it will be the banks version.
    The internet wayback machine might show you if they did have online ticked boxes.
    Non me fac calcitrare tuum culi
  • but screenshots are possible, so that's good news and helps with my original question.


    Thanks for the info on the wayback machine.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    but screenshots are possible, so that's good news and helps with my original question.
    They won't be provided to you personally though. They will only be facsimiles of what you would have seen at the time of your application and you'll never be privy to them. The only way to advance your complaint now is to refer it to FOS. This will take approximately eighteen months.
    Helpful to know this may have already been checked by the bank
    Do realise that Banks don't want you to go to FOS because it costs them money (win or lose). As such there is no incentive for them not to uphold your complaint if there was any fault with the sale. It's unlikely you'll have any success with this and you should only refer if you don't believe they have conducted a thorough investigation of your complaint.
  • I'm not sure you need to come back to repeat yourself. I understand the next steps and that was never my original posted question.


    Your first question back to me was where would I get the screenshots from, then you go on to say that screenshots can be provided by the bank. This answers my original post.


    I'm sure you believe in what you say however as you are extremely active on this site you will surely have noticed complaints being overturned by FOS for a number of reasons.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Your first question back to me was where would I get the screenshots from, then you go on to say that screenshots can be provided by the bank. This answers my original post.
    I asked where YOU would get them. The "screenshots" (facsimile) will not be provided to you personally.

    you will surely have noticed complaints being overturned by FOS for a number of reasons.
    Yes, and FOS don't uphold complaints about internet PPI applications unless there were pre-ticked boxes. The Bank have basically told you this was not the case by not upholding your complaint in the first instance.

    You are rather approaching your complaint in reverse-you should have been looking for evidence to support your complaint BEFORE voicing your concerns to the Bank. Now you have been rejected (because there is apparently no such evidence) you want to know how you go about finding such.

    Many posters mistrust the Banks and have to refer the complaint to FOS to be certain. If you fall into this category of complainant, you'll be waiting for eighteen months for an adjudicator to even look at your complaint and there is no guarantee you will be successful.
  • Does it really matter who gets the screenshots as long as they can be retrieved from that long ago? I think you're being a tad pedantic.

    You are coming across as arrogant within a forum that is created for advice and direction. Making words bold and in capitals highlights this as I'm sure this isn't essential when replying.

    Please don't repeat yourself in this thread again. I unfortunately got more than I came for.
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