If you're one of the 7m mis-sold worthless credit card and identity theft cover by banks, card firms or insurer CPP, you could get a share of £1.3bn. This is a guide to get your money back, including a crucial call to vote for a redress scheme.
This is a massive scandal, as virtually everyone with a credit or debit card was targeted. Usually when you got a new plastic there was a sticker asking you to activate it, but this was a ruse to sell you insurance. CPP's already been fined £10.5m, now the crusade to get your money back begins.
In this guide
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This is the first incarnation of this guide.
This is the first incarnation of this guide. Please tell us if it works for you in the the CPP Reclaiming discussion - we'd love to hear about your thoughts.
Stop press: Vote for redress scheme
A redress scheme to refund the up to seven million people mis-sold card and identity protection products from insurer CPP and banks has been earmarked. Pending the start of the scheme, all claims are on hold.
You'll only get your money back if you vote YES
If the scheme then goes ahead, the huge boon is that you won't need to prove you were mis-sold to get your cash back.
If you bought a Card Protection Plan (CPP) policy, whether direct or via a bank, in 2005 or later you will soon get a series of letters outlining what to do. Of those who vote, a majority will have to vote in favour for the scheme to happen. The High Court will then be asked to approve it.
IF it goes ahead, everyone mis-sold or who renewed a mis-sold card protection or identity protection CPP policy in 2005 or later will automatically form part of the central redress scheme.
They’ve not made it easy. But we’ve broken it down so you know what to look out for, and when to vote.
You need to look out for three letters (four if you were mis-sold both products):
Letter 1 - from Thu 29 Aug - explaining the scheme. Full info:
CPP will write to policyholders from 29 August with more information about the redress scheme and to inform them they may be entitled to compensation for a policy . Banks, credit card firms and CPP will also advertise in newspapers to make sure people hear about it. You do not need to do anything at this stage.
Letter 2 - in the autumn - invitation to vote. If enough people don't reply voting YES, the redress won't happen. Full info:
A second letter should be sent to you within 12 weeks of the first letter with more information about the proposed scheme and inviting you to vote on whether you want the scheme to go ahead. This is a legal requirement. Of the customers who vote, a majority will have to vote in favour of the scheme for this to happen. If a majority votes in favour, the High Court will be asked to approve the scheme.
The deadline for returning voting forms for the scheme is 5pm on 31 December 2013. A scheme meeting will then take place on 7 January 2014.
Our recommendation is that you vote in favour of the scheme – this is a huge mis-selling scandal and the millions that were mis-sold to deserve redress.
However, even if you vote against the scheme and it's still approved by the majority, you’ll be able to submit a claim.
Letters 3 & 4 - in 2014 (if redress scheme goes ahead) - claim form. Full info:
The court hearing to sanction the scheme will take place on 14 January 2014. If the scheme is approved - which should be around 1 February 2014 - CPP will write to policyholders again. This time, it'll be to ask whether you want to be considered for redress. This will include a claim form that has to be completed, signed and returned to CPP before 31 July 2014.
Separate letters will be sent out for card protection and identity protection. The claim form will explain the failings the FCA found. In the box below you just need to allude to the failings you think you were subjected to and your claim will be paid.
The FCA won't be judging this on a case-by-case basis, meaning you don't need to provide stacks of paperwork to prove your policy was mis-sold. If you complain, you'll get your money back. It's that simple.
Any compensation paid will be done so on a rolling basis after the claim form has been received - so the sooner you return your claim form after you receive it, the quicker you should get your money back.
Because of the voting process, redress itself is not expected to be paid out until spring 2014. You'll get the money you paid in premiums, minus any money paid out by the policy. You'll also get interest, calculated at 8% per year.
All compensation payments will be paid by cheque, and if you're due compensation from both products you're likely to receive two cheques.
I had a policy pre-2005 - can I claim?
Insurance only became regulated by the FCA's predecessor, the Financial Services Authority, in January 2005. This is why there's a cut-off for the scheme.
While you won't be part of the central redress scheme, if you had a policy which ended before 2005, you can still make a mis-selling claim.
First complain to whoever sold you the policy (your bank, credit card firms or CPP). If you're rejected, you can take your case to the free Financial Ombudsman Service. See How to reclaim for pre-2005 policies.
Quick questions
If you DON'T receive a letter...
If you don't get a letter from your bank or from CPP, but believe that you were mis-sold one or both of the products, you can write to your bank's complaints department, or CPP to start a complaint. You can also call CPP on 0808 156 0199.
It would be helpful to have details of whether you believe you were mis-sold directly from the company or through your bank and details of the product name you think was mis-sold to you.
If you get no joy, don't forget you can take your complaint directly to the Financial Ombudsman.
CPP renewed my policy without contacting me - will I be part of the scheme?
Yes, the scheme is for policies bought or renewed from 2005.
CPP employed an automatic renewal approach - it renewed policies unless a customer contacted it to cancel after receiving a renewal pack.
It would send a renewal pack approximately three to six weeks before the policy automatically renewed. It didn't clearly set out what the customer should do in order to cancel. Instead, it was drafted on the basis that the policy would simply renew (for example, "Great news! Your identity protection insurance is renewing").
You might not have even received a renewal pack, as CPP failed to keep an up-to-date customer address list. By the time you realised payments were being taken it, would probably have been too late to do anything about it.
The policy automatically renewed within 14 days from the date of the notification letter. Once the cancellation window closed, you had to pay for the whole year as no refunds were allowed.
Last year, CPP agreed to remove this unfair term in its contracts, and has since stopped taking those renewal payments unfairly.
CPP has already written to around 46,000 customers affected by this and paid them a total of about £3m back.
What happens if my home address has changed?
If you've moved address in the time that you've had either of the CPP products, then you'll need to get in contact with it so it has the correct details for you.
You can call CPP free on 08000 83 43 93, or you can write to:
Scheme Processing Services Limited
PO Box 250
WYMONDHAM
NR18 8DG
Some people in the office have had trouble when trying to get in touch on the above telephone number. If this happens to you try calling using the number CPP provides for people calling from outside the UK, this seems to work - +44 1144 520 800.
Who is excluded from the scheme?
Broadly speaking most people that were sold the card protection product are in line for compensation. However, there are some people that will be excluded from the scheme, including:
- Anyone who died on or before 27 June 2013 who had either of the products.
- Anyone that didn’t purchase either of the products from either CPP or one of the banks as a stand-alone product – for example if you got it as part of a packaged current account. If you think that you were mis-sold your packaged account read the Reclaim Packaged Accounts guide for how to reclaim.
- Anyone who as of 20 May 2013, would if they were a scheme creditor and had a valid claim, be due compensation of less than £5.
- Anyone who purchased the identity protection product direct - for instance if you went online and got it. But if you were mis-sold it over the phone, you're likely to get compensation.
What happens if the scheme isn't finalised and approved by voters?
If the compensation scheme isn't approved by voters it quite simply won't go ahead. If this is the case CPP says that you would still be able to complain to CPP or the relevant bank/card issuer in the usual way.
I have just made a claim on my policy, will it be affected by the scheme?
If you currently have, or are about to make a claim on a policy you will not be affected by the scheme, you can continue to make your claim as normal.
Now read on for full info on CPP cover, including how much you could get back.
CPP mis-selling need-to-knows
1If the scheme goes ahead, compensation will be automatic
For all those people claiming for the products post-2005, if the scheme goes ahead compensation will be automatic. You don't need to prove you were mis-sold to, all you need to do if vote yes now so the scheme is approved and then fill out the claim form when it lands on your doorstep and you'll get your money back - it's as simple as that.
2 Card protection and identity protection were useless
Two types of products were mis-sold, but they were largely useless as people were already covered by the banks. Here's what they 'covered'.
What did card protection cover?
Card protection products allow consumers to call one number to have both credit and debit cards stopped if they are lost or stolen. Many also cover passports, driving licences, etc. They also provide insurance to cover fraudulent transactions and lost keys.
The worth of the product is dubious given banks normally cover the cost of promptly-reported fraud. So you could be buying insurance to cover the cost of a few phone calls.
What did identity protection cover?
Identity protection products include access to credit reports plus alerts when something changes on your record. Plus, ID protection products cover expenses and give advice for victims of ID fraud working to get their money back. The product is pretty worthless given credit reports are free or £2 each.
How many people had a policy?
Around seven million people have had a CPP policy, but not all of these will have been mis-sold.
In total, 4.4 million policies were sold after 2005. But due to them being renewed, 23 million policies are involved in the scandal.
3Most mis-selling happened when you 'activated' your card
Almost everyone with a credit or debit card was targeted. Usually when you got a new plastic there was a sticker asking you to activate it, but this 'activation' was a ruse to sell you insurance. People thought they were talking to their bank when it was actually CPP.
Last year, the FSA (now the Financial Conduct Authority) found a wide range of abuses committed by CPP and banks in selling card and ID protection plans. This led to a £10.5m fine for CPP.
Full mis-selling checklist (Bought after 2005? No need to prove it.)
Here are the key ways it was mis-sold:
-
I was told I needed it for the fraud protection
CPP and banks told customers one of the major benefits was fraud protection, which provided cover for fraud of up to £100,000. Yet banks have to cover fraud anyway, unless they can prove the customer was grossly negligent. -
I tried to cancel but was forced to keep it
If CPP said you had to keep the policy when you asked to cancel it, it's likely you've got a case for a reclaim.But there's a fine line between being forced to keep paying up and CPP sales staff strongly encouraging you to keep it. It's far less likely the latter could be interpreted as mis-selling, unless high-pressure tactics were used.
-
The risk of ID fraud was overstated, scaring me into getting the product
CPP staff overstated the risk of ID fraud pressuring customers into thinking ID protection was a product they needed. -
CPP hiked the price and didn't tell me
The price of CPP's protection products rose rapidly during the 2000s. Check paperwork to see if this price rise was advertised to you at renewal time(s). -
My policy auto-renewed and I didn't have time to cancel
Once the policy was taken out, CPP would send a notice of renewal 14 days before the policy's anniversary. Often this just told you your policy was renewing, with no time to cancel, so you were charged a full year's premium.
The banks and card firms' roll-call of shame
CPP and the following banks and card providers have voluntarily agreed to be part of the scheme:
Bank of Scotland plc (part of Lloyds Banking Group)
Barclays Bank plc
Canada Square Operations Limited (formerly Egg Banking plc)
Capital One (Europe) plc
Clydesdale Bank plc (part of National Australia Group Europe)
Home Retail Group Insurance Services Limited
HSBC Bank plc
MBNA Limited
Morgan Stanley Bank International Limited
Nationwide Building Society
Santander UK plc
The Royal Bank of Scotland plc
Tesco Personal Finance plc
4How do I know if I had it?
If you bought card protection or identity protection, you'd have received a welcome pack in the post. Look out for the words CPP or Card Protection Plan Limited.
If you can't find anything but think you may have had it, check credit and debit card statements. CPP says if you bought its products directly on a card, it "should say CPP on those statements".
Quick questions
Other names to look out for if you can't see "CPP"
CPP’s card protection product was also known as:
Card Guard (offered by HSBC)
Card Safe (offered by M&S; Money)
Barclaycard Card Protection
Barclays Cardholder Protection
NatWest Card Protection
Egg Emergency Cover
Card Protection Plus and Commercial Card Protection (which were sold by CPP and a number of its business partners).
Why can't I find the payments on the card I used to pay CPP?
Payment may not have necessarily been taken from the card you expect. CPP took payments from some people by an 'Autopaycard' feature.
It did this by using a term in the policy's terms and conditions which said CPP could take payment from another card registered with it (under the cancellation policy) in the event that payment couldn't be taken from the card originally specified for payment.
So you'll need to make sure you check statements for various cards if you're unsure where the payment was being taken from.
5NEVER pay to reclaim
As soon as there's a mis-selling scandal, the claims management companies come out of the woodwork. CPPClaims.com has already cropped up and there are bound to be others, just as with the PPI mis-selling scandal.
They work on a 'no win, no fee' basis. But you'll be approaching reclaiming with the idea of winning, so why would you want to hand over some of the money? If you do win, they often take a third of your cash.
The truth of the matter is you don't need to pay to reclaim - it's not a complicated process. Use the template letters below to help.
6Mis-sold a similar policy from another firm. Can I claim?
If you were sold a credit card or ID protection policy from another firm, you can't claim under this redress scheme. This is because it's been set up for those who were sold CPP policies, either directly by CPP or by a third party.
But if you believe you've been mis-sold, you can complain, as with any mis-selling, to the company. If you get an unsatisfactory response, you can take it to the Financial Ombudsman Service.
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How much can I get?
Card protection policies cost about £35 per year while identity protection came in about £84, though the exact amounts varied. If you were mis-sold a policy, you're entitled to whatever you paid out, plus 8% interest, but minus any money paid out by the policy (see how the interest's calculated).
You're entitled to statutory 8% interest on any claim, as it's assumed you'd have earned money on that amount had it not been taken from you.
This is calculated at a flat 8% per year - it's not compounded, so you don't get interest on the interest. Say you reclaim £100 for two years' worth of fees. If the interest compounded, year one's fee reclaim would get you £108, and year two's would get you £108.64. Flat interest just gives you a straight £8 each year.
If you had the policies over several years, you could be owed hundreds of pounds.
Most claims may be on hold for now, but we've had some previous success stories from people who've claimed their money back before the hold. One person even succeeded in getting over £600 back...
Had a letter today refunding all the premiums for the three years I had the policy (it covered me, my husband and daughter). I had taken this out by trying to activate a new card by phoning the number on the sticker on the card. This included identity theft. Premiums approx £420, getting back approx £620 with the 8% interest. Result!! What a quick turnaround. Yaay."?blackcountrygirl
I contacted CPP using the information about mis-selling identity protection from your website. I requested to cancel and asked a refund. Today I received a cheque for £461 which included an amount for interest. Thanks for your help, and keep up the good work." Martin, By email
Just had letter from Barclaycard to say a cheque for £264 is in the post!! Woohoo and thanks Martin!!!!"Jassers
Ask us questions and give your feedback
Report your card protection plan reclaiming successes and failures in our forum. Also let us know any extra questions you'd like us to answer.
Complain to your bank for policies mis-sold before 2005
If you feel you've been mis-sold a card protection or identity theft plan through your bank, or by CPP directly, before 2005, you have a right to complain. The most important thing to understand is that with financial firms you have a RIGHT to be treated fairly.
Unlike 2005 and later claims, you may need to prove you were mis-sold to.
See the mis-selling checklist
Here are the key ways it was mis-sold:
-
I was told I needed it for the fraud protection
CPP and banks told customers one of the major benefits was fraud protection, which provided cover for fraud of up to £100,000. Yet banks have to cover fraud anyway, unless they can prove the customer was grossly negligent. -
I tried to cancel but was forced to keep it
If CPP told you that you had to keep the policy when you asked to cancel it, it's likely you've got a case for a reclaim.But there's a fine line between being forced to keep paying up and CPP sales staff strongly encouraging you to keep it. It's far less likely the latter could be interpreted as mis-selling, unless high-pressure tactics were used.
-
The risk of ID fraud was overstated, scaring me into getting the product
CPP staff overstated the risk of ID fraud, pressuring customers into thinking ID protection was a product they needed. -
CPP hiked the price and didn't tell me
The price of CPP's protection products rose rapidly during the 2000s. Check paperwork to see if this price rise was advertised to you at renewal time(s). -
My policy auto-renewed and I didn't have time to cancel
Once the policy was taken out, CPP would send a notice of renewal 14 days before the anniversary of the policy. Often this just told you your policy was renewing, and you didn't have time to cancel, thus being charged the full year's premium.
Help making an official complaint
Speak to your bank or check its website for the address of the complaints department. Generally these things are best done in writing, but if that's too difficult, don't worry about calling. Just ask they note it down as a formal complaint, and also ask for written confirmation.
Don't feel you have to be formal. Just explain the point clearly, concisely and honestly as if you were explaining to a friend why you've been wronged. To help, we've put together a template letter to start you off - download it and fill in the blanks (use it to help start you off, but the more you write it in your own words, the better):
Template letter
Card protection reclaim letter
IMPORTANT. KEEP A COPY, IT'LL BE HELPFUL FOR GOING TO THE OMBUDSMAN
But there's something crucial you need to understand. At this stage, reclaiming's like a game of 'who blinks first?'. This is important, so we're shouting it...
Your bank might say "no". Don't worry!
You can still escalate to the Financial Ombudsman
We don't yet know banks' attitude to these complaints. But at the start of similar past reclaiming campaigns, such as PPI, banks rejected many cases the Ombudsman later upheld.
They do this deliberately as they know most people won't take it further. Often the rejection sounds legally definite. Yet don't let that put you off. If you feel you were treated unfairly, if they reject you then it just enables you to contact the independent Financial Ombudsman.
Banks have eight weeks to respond. If you're complaining to CPP directly, it's been given 16 weeks to respond. If you don't hear anything, or you're not happy with how it's dealt with your complaint, don't give up - go to the next step.
How far back can I claim?
As long as you claim within three years of knowing you could claim, there is no problem, even if the mis-selling happened a decade ago.
This issue only hit mainstream news headlines in late 2012, so you should be fine.
I've claimed on the card protection/identity fraud plan. Can I complain?
Yes. You'll get the money you paid in premiums, minus any money paid out by the policy. You'll also get interest, calculated at 8% per year.
I asked to take out the policy, but didn't use it. Was I mis-sold?
The key here is whether you could have used the policy. If you were eligible but simply never had a need to use it, that's not mis-selling - unless you never realised you actually had the plan.
The account holder's deceased or needs help, can I do this?
If the account holder has passed away, any monies owed become part of their estate, so the person who inherits is entitled to reclaim (let the executor know too). If there's no will, this follows the rules of intestacy (see the HMRC website). Yet it's worth noting there may be problems proving what happened at the time of the sale if only the policyholder was present.
If someone you know requires help with their finances, and they're capable to instruct you to act on your behalf, it's worth trying.
If the person has a mental health condition, or other issues that mean they didn't fully understand the product being sold, they are more than likely to have a case.
Can my bank punish me for complaining?
No, you have a right to complain and take it to the Ombudsman. Your bank can't put the fact you've complained on your credit file, for example.
Past Ombudsman rulings show your bank can't hold this against how it treats you, though of course, if it agrees you were mis-sold, it can end your plan (if you haven't cancelled already).
The one negative, though, is the bank will know this information when you apply for another product from it (not any other bank), and it could decide to incorporate that into its decision, but past experience shows this is unlikely.
Rejected? Escalate to the free Financial Ombudsman
This is the official body for settling disputes between individuals and financial companies. It's a free service that acts as an impartial adjudicator. Present it with the facts, and it'll decide whether the circumstances your protection plan was sold under were unfair.
If it finds in your favour, it'll then decide what redress is required. In most successful mis-selling cases, this means a refund.
BUT it's important to note it won't look at your complaint until you've contacted your bank and given it eight weeks to respond (or 16 weeks if your complaint was with CPP). Once you have a response, or haven't been given one within eight weeks, only then will it be able to investigate your complaint.
How to complain to the Ombudsman
To get the ball rolling, you'll need to fill in its complaints form below, which must be hand-signed and posted to them. Make sure you enclose any paperwork that backs up your case.
As with the first letter to the bank, which you could always copy and paste into here, don't feel you have to be formal. Explain the point clearly, concisely and honestly, all in your own words, just as if you were explaining the situation to a friend.
Ombudsman complaint form, plus guide to help fill it out
It's quite simple to fill in, though take care. If you need help filling this out, you can call it on 0300 123 9123 or 0800 023 4567, and it'll guide you through the claim, or use our step-by-step guide above. It's written in Microsoft Word so you can easily cut and paste sections or print it and have it next to you as you're filling in the Ombudsman's form.
What are my chances of success?
Given the massive scale of the mis-selling uncovered by the FCA, we think you've got a good case, even if the mis-selling happened before 2005.
But don't take any chances. Explain exactly how it was mis-sold, and make sure you provide evidence where necessary.
How long will it take?
Sometimes this will take a long time. Possibly around a year, but maybe even longer as the Ombudsman deals with huge numbers of complaints - especially with the current avalanche of PPI mis-selling issues. But don't worry - you can leave the matter to the Ombudsman to resolve and it will contact you with any offers from your lender.
I think the Ombudsman unfairly turned me down. What next?
The Ombudsman's decision is usually made by an assigned adjudicator. If you disagree with the result, you can ask for a formal decision to be made by one of the official ombudsmen at the service. This usually takes several months as it involves a detailed investigation into your case, but don't be afraid to push your complaint further if you think the initial decision isn't right.
After that, while the finance company must accept the Ombudsman's decision, you still have the right to take the company to court if you don't agree with the result.
It's also worth noting that if you feel the Ombudsman hasn't handled your case correctly, eg, there have been unnecessary delays, you can ask for a senior manager to review it. If that doesn't resolve things, you've a right to go to the Independent Assessor (though this is only about quality of service, not the actual decision made).
For other complaints the Ombudsman can help with, see the Your Financial Rights guide.
Please tell us your experiences!
Unlike PPI, this is a very new area of reclaiming with more developments coming out regularly. Please let us know how you get on so that we can keep our guide up-to-date and help as many people as possible.
Ask us questions and give your feedback
Report your card protection plan reclaiming successes and failures in our forum. Also let us know any extra questions you'd like us to answer.