Not upheld: mis-selling of motor insurance products complaint against Marshall Motor Group Limited

Decision detail

Summary

Ms R complained that Marshall Motor Group Limited mis-sold her three car care insurance policies (Alloy Wheel Repair, Cosmetic Repair, and Tyre Insurance) worth £831, claiming she was not given time to read the small print and that limitations and exclusions were not drawn to her attention. Marshall denied mis-selling and the investigator recommended the complaint not be upheld, finding it was a non-advised sale where Marshall had provided the necessary information through IPIDs and a TCF pack. The ombudsman upheld the investigator's decision, finding that Marshall had provided clear, fair and not misleading information before the sale, and that Ms R's subsequent actions (querying prices, requesting printed copies, not raising concerns until after a claim) suggested she would have purchased the products anyway. The complaint was not upheld and no refund was ordered.

The Ombudsman's reasoning

The ombudsman determined this was a non-advised sale, meaning Marshall was required to provide clear, fair and not misleading information to allow Ms R to make an informed choice. The ombudsman found that Marshall sent the TCF pack and IPIDs before the sale, and Ms R signed a Compliance Confirmation confirming she had received these documents and that exclusions and limitations had been explained. Although Ms R claimed not to have received the emails, the ombudsman found Marshall's explanation credible that the minor email address discrepancy would not have prevented delivery. The ombudsman noted that Ms R's subsequent actions (querying price, requesting printed copies, not raising concerns until after a claim) suggested she would have purchased the products anyway. The IPIDs were found to be clear and provided adequate summaries of cover and limitations.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website