Kyle complained to us about the sale of his personal accident policy. He says he never agreed to take out the policy.

What happened? 

Kyle complained to us about the sale of his personal accident policy. He says he never agreed to take out the policy.

The business argued Kyle agreed to buy the policy during a phone call back in 1999. It had collected premiums from him every month ever since.

How we helped

Because of how much time had passed, there wasn’t a copy of the sales call recording. So we had to look at the rest of the evidence to try and work out what happened.

The business said that when the policy was sold, Kyle provided his place of birth and added his partner as an additional insured party to the policy. Its records supported this. The business said this was information it didn’t have before the call – which suggested the sale took place and Kyle knew enough about the policy to provide his partner’s details and add them on.

The business also said Kyle’s credit card statements showed ‘Accident Death Cvr’ for each direct debit payment – going back 17 years. Kyle’s statements confirmed this.

Taking the above into account, we felt it was more likely than not that the business set up the policy with Kyle’s knowledge and permission. As the bank statements were also clear, we would have expected Kyle to query the sale sooner if he was unaware of the policy being sold to him.

Our decision

We explained to Kyle why we didn’t feel the policy had been mis-sold, so we didn’t have any basis to ask the business to refund his premiums.