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Bank Of Scotland Refusal

Sorry if I'm dragging an old thread around again, but couldnt find anything regarding Bank of Scotland on the first 3/4 pages.

Just looking for advice really, as my claim has just been refused twice.

Some years ago, I applied for a credit card through an advert in men's magazine FHM. Within two weeks the card had arrived, no problems. It has been cleared and finished a few years now.

Basically, the reasons I gave, are that as it was made as a non contact applcation, nothing was explained to me regarding the PPI, and it was added automatically.

They responded by saying that in their opinion the limits and exclusions of the PPI were "made suficiently clear".

I am arguing that if I never spoke to anyone at all, how were they made Sufficiently clear?

This is the first time I've done this myself and not sure where to go next.

Comments

  • dunstonh
    dunstonh Posts: 121,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Some years ago, I applied for a credit card through an advert in men's magazine FHM.

    First thing that indicates is that you were not sold it. you bought it. So, the requirements are lower than when someone is involved in the sale.
    I am arguing that if I never spoke to anyone at all, how were they made Sufficiently clear?

    They dont have the same level of requirements on direct offers. They have to supply some information in the small print for you to read but that is all.
    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.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    BobbyJo wrote: »
    my claim has just been refused twice.
    You can only complain once, any response from the Bank after that will just be a reiteration of the original rejection (unless you send them compelling new evidence).

    If you have spent time writing back to the Bank, you may have left it too late to refer your complaint to FOS. You have six months from the date of the first rejection to do this.
    BobbyJo wrote: »
    the reasons I gave, are that as it was made as a non contact applcation, nothing was explained to me regarding the PPI
    As "nothing was explained" to you, you were not advised and so you effectively mis-bought rather than being mis-sold.
    BobbyJo wrote: »
    it is was added automatically
    What evidence did you provide to support this allegation?

    Contrary to the myth sponsored by claims companies, PPI was not simply added without the knowledge and permission of the customer.
    You will have signed for the PPI as part of the application form you
    filled in.
    In addition the PPI would have shown on every monthly credit card statement on a separate line. Why did you not query this at the time if you didn't agree to it?
  • BobbyJo
    BobbyJo Posts: 44 Forumite
    Because at the time, I thought it was a condition of the agreement. In hindsight, I had no reason to have it because any circumstance would have been covered through sick pay/redundancy, etc.

    I'm querying that the terms of the insurance weren't explained to me at the point I made the application nor were they made clear to me when I received the card.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    BobbyJo wrote: »
    I'm querying that the terms of the insurance weren't explained to me at the point I made the application
    There is nothing to query, you applied based on an advert in a magazine. If you didn't receive a full explanation of the terms of the insurance, why did you agree to the policy?


    Regardless, you say you have been rejected twice; so better get a move on referring your "complaint" to the ombudsman.
  • dunstonh
    dunstonh Posts: 121,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Because at the time, I thought it was a condition of the agreement.

    And what led you to that opinion seeing as you didnt speak to any staff member of the provider?
    I'm querying that the terms of the insurance weren't explained to me at the point I made the application nor were they made clear to me when I received the card.

    It's a weak complaint but some have succeeded on that basis. The firm don't believe they have given insufficient info. You do. You are in deadlock. So, you now refer it to the FOS. The FOS will look at the advert and information issued to you and decide if you were given enough info to make an informed choice.

    However, your employer benefits do not come into it as no-one sold it to you.
    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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