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M&S ppi commission

I unsuccessfully tried to re-claim PPI from M&S bank. The credit card agreement stated; "we strongly recommend you take cover by signing below" I tried to argue that this was indeed advising me to do so on what they called a 'non-advised sale'. I failed to pursue it any further after the refusal.

However, I have just received a letter stating due to the high levels of commission that weren't disclosed I am due a refund. Can anyone tell me, if I accept will this mean I can no longer pursue my original complaint? Are payment protection Insurance payments and the commissions two different things?!

(Apologies for the naive questions, trying to sort claims without using any claims companies where possible)

TIA

Comments

  • l_cru wrote: »
    However, I have just received a letter stating due to the high levels of commission that weren't disclosed I am due a refund. Can anyone tell me, if I accept will this mean I can no longer pursue my original complaint?
    Your original complaint has already been fully and finally rejected.
    Are you within six months of it being rejected, though? If so, you can refer your complaint to the Ombudsman and, if successful, your Plevin award will simply be included as part of your overall redress. If over six months ago, there is nowhere left to "pursue".
    l_cru wrote: »
    Are payment protection Insurance payments and the commissions two different things?
    The commission paid was merely a part of the overall PPI cost.
    l_cru wrote: »
    trying to sort claims without using any claims companies where possible
    It's ALWAYS possible to make successful PPI complaints without engaging Claim Management Companies. CMCs do nothing you could not do alone and for free.
  • dunstonh
    dunstonh Posts: 121,292 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The credit card agreement stated; "we strongly recommend you take cover by signing below" I tried to argue that this was indeed advising me to do so on what they called a 'non-advised sale'. I failed to pursue it any further after the refusal.

    There is nothing wrong with a recommendation to have it. Indeed, it can indicate that it is clear from that text that it is optional. There has been some limited success where the wording was stronger than that but I dont believe that particular wording would have been strong enough.

    However, its largely irrelevant as you were rejected and your complaint is over.
    Can anyone tell me, if I accept will this mean I can no longer pursue my original complaint?

    If you do not refer your original complaint to the FOS within 6 months of M&S rejecting it then your complaint is over.
    Are payment protection Insurance payments and the commissions two different things?!
    Different issues but related.
    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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