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JD Williams Reject Email advice
kittycashcake
Posts: 179 Forumite
Good morning, looking for some advice on next steps (if I have any) with a miss sold insurance on my Ambrose Wilson catalogue.
I initially contacted them via email on the 6th February stating that I believe that I had insurance on my account when I shouldn't have. I didn't go into detail at that point as I thought I would get contacted with forms etc. I was born partially sighted and have had a reoccurring medical is sure since I was 15, plus I've always had jobs with full sick pay.
I didn't hear from them so I gave them a call yesterday to see if they needed any more info. The woman was very helpful, checked if I had multiple accounts and confirmed there was insurance. She said I would be sent a holding letter to acknowledge whilst they investigate and they would attempt to retrieve the phone call where I agreed to the insurance and where the details would have explained to me. She said a copy of that call would be sent to me also.
This morning I have had this email, I think I understand it but would like thoughts about next steps please.
You contacted us by email on 6th February 2016 in connection with the payment protection cover associated with your catalogue account.
You are a customer of JD Williams, which offers mail order goods and services for sale via a catalogue and other distance selling methods. The credit account has been open since 21st January 2000. As our detailed insurance records began in January 2005 we can conclude from this that any insurance on the account was taken up and subsequently cancelled before these records began. We are not obliged to keep records of insurance where it has been cancelled by the customer more than 6 years in the past. Please note, PAP is charged via a monthly premium.
It should be noted that prior to 2005 the sale of PPI was not regulated by the financial services authority (FSA now FCA) and JD Williams were not a member of the General Insurance Standards Council and therefore this complaint is not covered by the DISP complaint handling rules, nor does it fall under the jurisdiction of the Financial Ombudsman Service.
We have as part of the review considered whether you were eligible for payment protection insurance and find no evidence held here nor detailed in your initial complaint which indicates that you were not eligible for this insurance. If you have any supporting evidence that this is not the case then please contact me, to provide this, so that I may review my final decision.
You have received full insurance cover under PAP and you have received statements from us, which have shown the premium charges as a separate entry over the time you have operated your credit account with us. We do not consider that this policy was miss-sold and therefore, your allegations of miss-sale are refuted.
This is our final response in respect of this matter.
As previously stated we do not consider this sale to fall under the jurisdiction of the Financial Ombudsman Service as the sale took place prior to January 2005, however I have included their contact details below, in case you wish to verify this with them.
Financial Ombudsman Service
Exchange Tower
Harbour Exchange Square
London
E14 9GE
Tel: 0845 080 1800
https://www.financial-ombudsman.org.uk
We will consider this complaint closed if we do not hear from you within 8 weeks of the date of this email.
I initially contacted them via email on the 6th February stating that I believe that I had insurance on my account when I shouldn't have. I didn't go into detail at that point as I thought I would get contacted with forms etc. I was born partially sighted and have had a reoccurring medical is sure since I was 15, plus I've always had jobs with full sick pay.
I didn't hear from them so I gave them a call yesterday to see if they needed any more info. The woman was very helpful, checked if I had multiple accounts and confirmed there was insurance. She said I would be sent a holding letter to acknowledge whilst they investigate and they would attempt to retrieve the phone call where I agreed to the insurance and where the details would have explained to me. She said a copy of that call would be sent to me also.
This morning I have had this email, I think I understand it but would like thoughts about next steps please.
You contacted us by email on 6th February 2016 in connection with the payment protection cover associated with your catalogue account.
You are a customer of JD Williams, which offers mail order goods and services for sale via a catalogue and other distance selling methods. The credit account has been open since 21st January 2000. As our detailed insurance records began in January 2005 we can conclude from this that any insurance on the account was taken up and subsequently cancelled before these records began. We are not obliged to keep records of insurance where it has been cancelled by the customer more than 6 years in the past. Please note, PAP is charged via a monthly premium.
It should be noted that prior to 2005 the sale of PPI was not regulated by the financial services authority (FSA now FCA) and JD Williams were not a member of the General Insurance Standards Council and therefore this complaint is not covered by the DISP complaint handling rules, nor does it fall under the jurisdiction of the Financial Ombudsman Service.
We have as part of the review considered whether you were eligible for payment protection insurance and find no evidence held here nor detailed in your initial complaint which indicates that you were not eligible for this insurance. If you have any supporting evidence that this is not the case then please contact me, to provide this, so that I may review my final decision.
You have received full insurance cover under PAP and you have received statements from us, which have shown the premium charges as a separate entry over the time you have operated your credit account with us. We do not consider that this policy was miss-sold and therefore, your allegations of miss-sale are refuted.
This is our final response in respect of this matter.
As previously stated we do not consider this sale to fall under the jurisdiction of the Financial Ombudsman Service as the sale took place prior to January 2005, however I have included their contact details below, in case you wish to verify this with them.
Financial Ombudsman Service
Exchange Tower
Harbour Exchange Square
London
E14 9GE
Tel: 0845 080 1800
https://www.financial-ombudsman.org.uk
We will consider this complaint closed if we do not hear from you within 8 weeks of the date of this email.
:staradmin :staradmin Emergency Fund @ £300 Non CCJ Debts x 7 @ £2782/ £4055 PAID! CCJs x4 Unpaid Total @£5103 Christmas 2016 Fund @£116 Holiday Fund £300/ £550 Wedding Fund Goal: £2500 /// Total Remaining: £9409 / £12,900 (£3498- 27.11%Paid) :staradmin:staradmin
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Comments
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It's a pre-2005 sale, they weren't regulated so you can't apply post regulation rules to it. You can try the FOS if you wish but when they confirm it was pre-2005 your complaint will be at an end.
Think of it like this:
You drive to work in a 40mph limit. One week the council change it to 30mph and then send you a speeding ticket because you did 40mph the week before they changed it - would you accept that?Sam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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Thank you. This is what I assumed too, but then I reread it and I'm confused about why they included this paragraph:
We have as part of the review considered whether you were eligible for payment protection insurance and find no evidence held here nor detailed in your initial complaint which indicates that you were not eligible for this insurance. If you have any supporting evidence that this is not the case then please contact me, to provide this, so that I may review my final decision.
If the dates are out of scope this shouldn't matter? I wonder if there were different insurances added at different times, it's hard to discern from this. Or simply it's a double barrelled no, wrong times PLUS they disagree anyways.:staradmin :staradmin Emergency Fund @ £300 Non CCJ Debts x 7 @ £2782/ £4055 PAID! CCJs x4 Unpaid Total @£5103 Christmas 2016 Fund @£116 Holiday Fund £300/ £550 Wedding Fund Goal: £2500 /// Total Remaining: £9409 / £12,900 (£3498- 27.11%Paid) :staradmin:staradmin0 -
Standard template response, it's pre-2005 sale so they don't have to look at it.
Sam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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It doesn't matter. They've included that just to confirm that they would have rejected your complaint even if the sale were post 2005.kittycashcake wrote: »If the dates are out of scope this shouldn't matter?0 -
Thank you both, much appreciated.
As a general side question (I don't think it even applies but I'm curious) - if the policy was sold before this date but charges continued after they were regulated say in 2006 onwards would they have any responsibilities then? Is it based purely on sales date not charged date? I've always been curious.:staradmin :staradmin Emergency Fund @ £300 Non CCJ Debts x 7 @ £2782/ £4055 PAID! CCJs x4 Unpaid Total @£5103 Christmas 2016 Fund @£116 Holiday Fund £300/ £550 Wedding Fund Goal: £2500 /// Total Remaining: £9409 / £12,900 (£3498- 27.11%Paid) :staradmin:staradmin0 -
Since you are complaining about the sale of the insurance, it's only the date of that which is relevant.kittycashcake wrote: »if the policy was sold before this date but charges continued after they were regulated say in 2006 onwards would they have any responsibilities then? Is it based purely on sales date not charged date? I've always been curious.0 -
The contact details are out of date. FOS no longer uses a premium 0845 number.kittycashcake wrote: »Financial Ombudsman Service
Exchange Tower
Harbour Exchange Square
London
E14 9GE
Tel: 0845 080 1800
https://www.financial-ombudsman.org.uk0
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