Not upheld: PPI mis-selling complaint against Apple Retail UK Limited
Financial Ombudsman decision DRN-3579522 of 2022-08-02T00:00:00+00:00. PPI mis-selling complaint against Apple Retail UK Limited. Outcome: Not upheld.
Decision detail
| Reference | DRN-3579522 |
|---|---|
| Decision date | 2022-08-02T00:00:00+00:00 |
| Firm | Apple Retail UK Limited |
| Product | Other regulated product |
| Claim type | PPI mis-selling |
| Outcome | Not upheld |
| Remedy | None. The complaint was not upheld. |
Summary
Ms A complained that Apple mis-sold her a mobile phone finance package by providing her with AppleCare+ insurance without loss and theft cover when she claims she requested the maximum coverage available (AppleCare+ with Theft and Loss). When her phone went missing on 18 November 2021, Apple informed her that her policy did not cover loss or theft. The ombudsman found that Ms A's purchase invoice and financing agreement both clearly documented that she purchased AppleCare+ only, and the policy documents she received explicitly stated that loss and theft were excluded. A recording Ms A relied upon was made after the purchase and after the phone was lost, so could not have influenced her decision. The ombudsman concluded that Ms A had a responsibility to verify the policy met her needs and that the exclusions were clearly documented, so the complaint was not upheld.
The Ombudsman's reasoning
The ombudsman found that Apple presented multiple insurance options at the point of sale, and Ms A's purchase invoice and financing agreement both clearly documented that she purchased AppleCare+ without loss and theft cover. The recording Ms A relied upon was made after the purchase and after the phone was lost, so it could not have influenced her decision at the point of sale. The policy documents Ms A received clearly stated that loss and theft were excluded. The ombudsman concluded that Ms A had a responsibility to check that the policy met her needs, and the exclusions were clearly stated in the documentation she received.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Apple Retail UK Limited, all decisions | 5 | 10% |
| PPI mis-selling, all decisions | 85,732 | 25% |
| Other regulated product, all decisions | 51,105 | 30% |
Source
Read the original decision on the Financial Ombudsman Service website