Shop Direct Finance (Very) & Aviva Advice

GarethR

Hi,


I wonder if anyone can offer some advice please?


I recently made a claim against miss sold PPI from Shop Direct Finance (Very) for a catalogue account.


Having gone through the motions, they refused my claim and said they felt it was suitable for my needs at the time and I fit the relevant criteria, in short they said that I should be contacting Aviva as they were the underwriters.


Sent all the info off to the FOS who confirmed I need to complain to Aviva, now the question I have is do I approach them in the same way as I have SDF (Very) or do I need to word the letter differently?


Also if anyone has had any luck or progress that would be great to know.


Thanks in advance


Gareth

dunstonh

now the question I have is do I approach them in the same way as I have SDF (Very) or do I need to word the letter differently?

Your first hurdle is whether Aviva accept liability or not. Normally it is the seller but only in a very tiny minority of cases will the underwriter have the liability.

However, you make your complaint to Aviva giving the same reasons. You may get lucky but I suspect they will tell you to refer your complaint to Shop Direct.

magpiecottage

When was the PPI taken out?

Shop Finance Direct has been responsible for its own insurance sales since 14 January 2005.

dunstonh

Someone on another thread has just had Shop Direct agree to pay out on their complaint. So, it does appear that Shop Direct carry the liability (on past Jan 05 sales at least)

GarethR

Thanks, mine was from 2000 so I imagine that's why they are passing the book to Aviva.


Would I just issue the same letter I issued to SDF (Shop Direct Finance) as I don't suppose it was Aviva who sold me it, SDF did?


Thanks


Gareth

GarethR

Secondly, which Aviva address do I write to???

Nasqueron

GarethR wrote: »

Thanks, mine was from 2000 so I imagine that's why they are passing the book to Aviva.


Would I just issue the same letter I issued to SDF (Shop Direct Finance) as I don't suppose it was Aviva who sold me it, SDF did?


Thanks


Gareth

You would possibly be better going to the FOS first - or at least speaking to them (within the 6 months of rejection to avoid the time-bar) and then let them chase the underwriter.

SD have liability as they sold you it but it's pre-2005 so they were not regulated back then so do not have to consider your complaint - it would be down to luck to see if the underwriter accepts it or not.

GarethR

Nasqueron wrote: »

You would possibly be better going to the FOS first - or at least speaking to them (within the 6 months of rejection to avoid the time-bar) and then let them chase the underwriter.

SD have liability as they sold you it but it's pre-2005 so they were not regulated back then so do not have to consider your complaint - it would be down to luck to see if the underwriter accepts it or not.

Thanks Nasqueron, when SD refused I wrote to FOS, they said that SD were correct and I must pursue the underwriter, bit strange in my opinion as SD sold me it not Aviva?

Insider101

GarethR wrote: »

Thanks Nasqueron, when SD refused I wrote to FOS, they said that SD were correct and I must pursue the underwriter, bit strange in my opinion as SD sold me it not Aviva?

It is and it isn't. You are correct that an allegation of misselling should be made against the seller and not the insurer. However, in this instance because the sale was prior to FCA regulation of general insurance sales and Shop Direct probably weren't part of the voluntary General Insurance Standards Council regime, they cannot consider your complaint against the seller. It has therefore become a tactic of theirs that, rather than telling you that they can't do anything about if, they will tell you to make a complaint against the underwriter who would have been covered by GISC. The problem is that if the seller was an independent broker and not an agent of the underwriter, they can fairly reply that they didn't sell the policy and therefore are not responsible for your complaint.

Nasqueron

GarethR wrote: »

Thanks Nasqueron, when SD refused I wrote to FOS, they said that SD were correct and I must pursue the underwriter, bit strange in my opinion as SD sold me it not Aviva?

FOS are right on the that matter - regulation did not start until 2005 so if they sold it you in 2000 they were not regulated and thus have no liability (basically you can't create a law banning something and then punish people for breaking it when it wasn't illegal). I am surprised the FOS didn't let you take the case to them and then chase the underwriter though, they have often been good with this - I would go back to Aviva and mention the SD rejection and the FOS advice but it is down to whether they decide to take liability or not

GarethR

Spoke to FOS again and mentioned SD issue, lady I spoke with said she had no idea why the letter said they wouldn't take the case on and asked me to complete a form and send it back with the complaint being for Aviva not SD.


Good news!