Rejected PPI claim

Can anyone help with this. I contacted RBS about 18 months ago in relation to two different credit cards which we paid PPI on. My basis was that in the PPI box when I applied was that it said "WE RECOMMEND YOU TAKE THIS PPI". Based on the company advising I take it, we did. I believe that this was mis-selling, however they rejected both saying that we chose to take it and it wasn't mis-sold. They also waffled on about time limits and it was quite confusing. Can I contact again and try to claim even though they said no.

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  • Nasqueron
    Nasqueron Posts: 8,785 Forumite
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    Chrissy666 wrote: »
    Can anyone help with this. I contacted RBS about 18 months ago in relation to two different credit cards which we paid PPI on. My basis was that in the PPI box when I applied was that it said "WE RECOMMEND YOU TAKE THIS PPI". Based on the company advising I take it, we did. I believe that this was mis-selling, however they rejected both saying that we chose to take it and it wasn't mis-sold. They also waffled on about time limits and it was quite confusing. Can I contact again and try to claim even though they said no.

    If their rejection mentioned the FOS and includes a copy of the FOS leaflet, you could have sent it to them to review inside 6 months. The firm will know the wording of the website at the time as will the FOS and the FOS rules on whether wording on the website is considered advice or not (the example they quote on their website is "strongly recommend"). If it's not considered as advice and the box was not pre-ticked or opt-out then it's considered miss-bought not miss-sold.

    On the time limits, complaints about financial products are subject to 2 rules, 6 years from when you bought the product and 3 years from when you knew you had reason to complain (whichever is longer). The 3 year rule can be applied if you cancel the product or if they can show they wrote to you inviting you to complain. If you are outside those periods you can be time barred and the complaint ends. Similarly the referral to the FOS must be done inside 6 months or that can be time barred as well.

    As it's 18 months ago they rejected it, your complaint is over
  • dunstonh
    dunstonh Posts: 116,318 Forumite
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    They also waffled on about time limits and it was quite confusing.

    What you call waffling is probably the most important part of the complaint.
    Can I contact again and try to claim even though they said no.
    No. They can just refer you back to their original decision. You cannot keep complaining about the same thing over and over. You get the some response over and over. You had a chance to appeal it to the FOS if you disagreed (noting the FOS have upheld and rejcted some RBS cases where that wording was used. So, it would not have been possible to know what they would have said). However, you lost that opportunity as it expires after 6 months.
    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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