M&S PPI rejection - now letter re high commission level

Wendy5641

Hi all,

a few years ago I wrote to M&S to start a PPI miselling claim. I took out a charge card with them in the early 90's after being pressured by a sales assistant on the shop floor. She told me that I would only be accepted for an account if I took out PPI. I had recently taken out a mortgage and had an income protection policy so had no need for this PPI, but being young and financially naive and feeling under pressure from the lady on the shop floor I ticked the box. Over time this was converted to a credit card.

M&S rejected the claim saying PPI was optional and that I had ticked the box so they felt no undue pressure was applied. They did not comment on the fact that I had an income protection policy. I did not follow this up as my mother was taken ill and subsequently died and to be honest I had other more pressing things to deal with in terms of sorting out her estate.

Over the weekend I have received a letter from M&S saying that following a Supreme Court Decision I may receive some money back if they took a high level of commission on the PPI policy but didn't tell me about this when I bought it.

Before I sign the return form to ask them to investigate if this applies to my policy should I also be asking them to reconsider their previous rejection of the mis selling of PPI? Does the fact that I already had an income protection policy and that the assistant told me I wouldn't be accepted for a charge card unless I ticked the box mean anything?

Has anyone had a successful PPI misselling claim from M&S in similar circumstances, i.e. shop assistant signing them up on the shop floor?

[Deleted User]

No. You're out of time on the mis selling complaint.

[Deleted User]

Wendy5641 wrote: »

Over the weekend I have received a letter from M&S saying that following a Supreme Court Decision I may receive some money back if they took a high level of commission on the PPI policy but didn't tell me about this when I bought it.

Before I sign the return form to ask them to investigate if this applies to my policy should I also be asking them to reconsider their previous rejection of the mis selling of PPI?

Any Plevin refund you may receive is entirely separate from a previous PPI complaint. It's a refund of undisclosed commission over 50%. Plevin is not therefore an opportunity to re-state your concerns from years back. Plevin refunds only apply to rejected complaints.

Sign the form and accept that your original complaint failed.

Silvertabby

I can well believe that you were signed up unknowingly/unwillingly but, as zx81 says, you are now out of time.

I had opted not to take PPI on my M&S chargecard - but when that was automatically replaced by a credit card, PPI of about £2 suddenly appeared on my first statement. I always paid off the total amount in full so can only assume that the PPI related to the outstanding balance during the interest free period (double naughty).

I rang M&S to say that I had opted not to sign up for PPI and to request a refund of the £2 - and spoke to a right snotty mare who told me that M&S had decided to apply PPI to all new credit cards 'as it was in the customers best interests'

I said that wasn't the case with me, as I would never be able to claim off the policy as I clearly didn't meet the T&Cs (ie, no income).

She assured me that I would - if I lost my job I just had to supply them with a letter from the Job Centre confirming that I was in receipt of unemployment benefits and they would pay the outstanding interest on my account.

I told her that would never happen as I was in receipt of an Armed Forces pension and so would never qualify for means tested/unemployment benefits.

She called me a liar, as I was 'too young to be a pensioner'

Cue official complaint - and I eventually did get my £2 back!

dunstonh

They did not comment on the fact that I had an income protection policy.

As it happens, most income protection plans have deferment periods of 3, 6 or 12 months. 12 months being the most common. So, a PPI policy would not necessarily overlap. Plus, income protection is not allowed to cover maxmium income. So, chances of a significant overlap, whilst possible, are unlikely.

Before I sign the return form to ask them to investigate if this applies to my policy should I also be asking them to reconsider their previous rejection of the mis selling of PPI?

That boat has sailed. They can just refer you to their original decision. This plevin ruling is an unconnected issue. A lucky outcome for you.

Wendy5641

Thank you for all of your advice, really appreciate the time taken to reply even if its not want I want to hear.

I'm signing the form re Plevin and sending it off today.

dunstonh - I think I may have been very lucky re my income protection policy. When I needed to claim last year it kicked in after 2 months but payments were then backdated to first day I was signed off by GP.

Thank you all for your help.