IpswichWitch vs MBNA for mis-sold PPI - help requested

**adamc6671** · 2nd May 2008 17:28

Hi All

I've today started helping a friend of mine, IW, with a claim against MBNA icon

for mis-sold PPI icon

, and I would grreatly appreciate some help and advice.

He applied for, and was granted, an MBNA Credit card in 2002. He was not in work at that time or for some years before that, and has not worked since, having become incapicitated and registered disabled, and unable to work, some years prior to applying for the card. He was asked at the time of the application if he required PPI, without being offered any explanation of what the possible benefits of the insurance would be, and without being asked if he was in full time work. He agreed to buy PPI as he just assumed it was the right thing to do. Had he been asked about his employment status, or his state of health, it would have become immediately obvious that he stood to gain no possible benefit from PPI. It was, therefore, in his belief and in my belief mis-sold.

He has paid variable (depending on the outstanding balance on the card) monthly premiums for the insurance from 2002 until about 2 months ago, when he realised he should cancel the insurance. These premiums have all been debited to the card account as they became due, and as there has always been a debit balance on the account they have been subjected to MBNA's contractual rate of interest icon

in force for the time being. Unfortunately my friend had a 'clear-out' about 2 years ago and no longer has his statements from before early 2006. Since that time he has been charged between £11 and £35 a month for the insurance.

My friend has spoken to (a very helpful person at) MBNA about this, and they have admitted, verbally, that he is entitled to a refund of the premiums he has paid. They have asked him to provide them with a certificate of income since 2002 from the Inland Revenue, which he has obtained, and a letter from his Doctor certifying the date when he became disabled and unable to work, which the Doctor is in the process of supplying.

I believe that he is entitled to (much) more than just a refund of premiums paid, on the grounds that he has been charged, in effect, contractual interest on every premium paid.

I am therefore contemplating getting him to ask MBNA to supply him with a list showing every premium he has been charged. I will then enter those ammounts on one of the spreadsheets, available here on CAG icon

, against an average contractual rate of interest of, say, 18%, and then help him with a letter claiming the full ammount shown on the spreadsheet, rather than just the refund of premiums offered.

Any advice as to whether I'm doing the right thing would be hugely appreciated.

Many thanks, in anticipation - Adam.

Similar Threads:

**adamski** · 2nd May 2008 19:19

Sounds like you are doing exactly the right thing, you need to find out what interest icon

your friend paid on the card for the contractual interest.

Sound like you have a cast iron case to me.

**adamc6671** · 2nd May 2008 21:41

Many thanks for that, adamski (strangely, a nickname I've been blessed with from time to time!). Gives me a good confidence boost for that which lies ahead.

With the contractual interest icon

, it would be extremely difficult to input many varying interest rates, so we're happy with the idea of coming up with an average thats somewhere near, but not above, the rate actually charged. If we do that, I reckon that we'd be seen to be fair, and not trying to claim anything that could in any way be seen to be unreasonable. That attitude has already worked very successfully with 2 credit card claims for 'unlawful' charges.

Once again, many thanks - Adam.

**adamski** · 3rd May 2008 13:50

I found MBNA icon

to be very helpful and they were willing to calculate the contractual interest icon

, their compliance dept is normally very good.
I would phone their compliance department to discuss once they have admitted to wrong doing.

Good Luck

**adamc6671** · 3rd May 2008 15:54

Hi adamski

Me thinks a phone call icon

to MBNA

is certainly the next step, especially as they have already stated (verbally) that IW can have his premiums refunded.

Certainly great news that they will calculate the contractual interest icon

- thats going to save a huge ammount of time (and effort).

Very glad that I posted here, and equally glad that you responded with such good advice - once again, many thanks.

Adam.

**adamski** · 4th May 2008 16:16

HI Again
Try this number 01244 672628
Its for MBNAs Customer Advocate Office who deal with refunds i.e. they are the compliance department.
It may not work as it 2 odd years ago i was last in touch with these people

**adamc6671** · 5th May 2008 08:15

Thanks adamski. Will try that number tomorrow. We do have another number as well, and with any luck one or the other will get us through to the right people.

Sounds as if we may well have a fairly easy ride with this. As you say, it is a clear-cut case, and once we've talked to them, and they have the letters from IW's doctor and the tax authorities, with any luck they'll send him a cheque in fairly short order.

Will post again as soon as we've talked to them.

All the best - Adam.

**adamc6671** · 7th May 2008 16:47

Hi adamski, and All

Update Wednesday 7th May -

Phoned MBNA icon

today, and almost wished we hadn't! Got through, fairly easily, to a VERY UNhelpful person in the 'Quality and Claims' Dept. Having detailed the whole situation to this person (as in Post 1 above), he just kept repeating himself by saying that as the Death and Hospitalisation parts of the policy were valid, IW was NOT entitled to any refund of premiums paid, or contractual interest icon

thereon, regardless of the fact that IW had been certified disabled, and unable to work, for some years BEFORE the policy was taken out, and will be in that situation for the rest of his life.

I regard this as something of a 'smack in the teeth', given that the person previously spoken to at MBNA seemed in no doubt that IW was indeed entitled to a refund of his premiums, and given my (somewhat limited) knowledge of the Law in relation to this.

I ended the conversation by stating that we entirely disagreed with MBNA on this matter, and would put the claim in writing.

I shall now do this, and include a spreadsheet of all the premiums paid and contractual interest upon these at their current rate (as I was informed today) of 34.9%.

Once again, any advice on what I am doing, and the strength of the claim given what MBNA have stated today, would be greatly appreciated.

One question I have on this is -Does the Law actually state that the onus is on the Company selling the insurance to establish the Proposer's state of health, and employment status, before proceeding with the sale of the policy? They DID NOT do so in this case, so does that put them the wrong side of the Law?

Many thanks - Adam.

**adamski** · 7th May 2008 18:32

Right
Put it all in writing now no more phone calls icon

.

Send a template letter from here or MSE, enclosing a letter from your GP stating that IW has an illness/disablement and from what date it was diagnosed..
The policy was mis-sold icon

no argument they will tell you anything on the phone it is a pre-exsisiting medical conditon and is unsiutable for IWs needs so it was mis-sold simple.

Make sure you send it recorded delivery and wait for their response.

Sorry for the lack of success.

**adamc6671** · 7th May 2008 19:10

Many thanks, adamski, for the very swift reply.

Will follow your advice, which is very much in line with my own thinking.

Do you happen to know if their argument 'that as the Hospitalisation and Death clauses are valid in his case we have no claim' carries any weight?

All the best - Adam.

**adamski** · 7th May 2008 20:54

Rubbish and they know it.
Your case is a clear case of a pre exsisting illness the policy was not suitable to IWs needs therefore was mis-sold thats my logic and i have won back over £1000 in PPI icon

because my wife has a Pre exsisting condition and each company that has refunded has agreed

**adamc6671** · 8th May 2008 09:23

Many thanks, yet again.

Have now done letter to MBNA icon

, which IW will send off very shortly. Basically, I think, it leaves them little, or no, room for manouvre, and hopefull will do the trick.

I'd like to post the letter here for others to use, but will wait until we've settled things with MBNA - hope you understand.

All the best - Adam.

**adamski** · 8th May 2008 10:15

Good make sure you put in a doctors letter they seem to take note of this and it is the evidence they require to refund you

**adamc6671** · 8th May 2008 14:47

We have a Doctor's letter certifying that IW became unable to work some 4 years before taking out the PPI icon

, and also a letter from the tax authorities certifying that his only income since that time has been Incapacity Benefit. Should do the trick!

Adam.

**adamski** · 8th May 2008 17:33

Excellent i would look forward to a nice beefy cheque then good luck

**adamc6671** · 9th May 2008 09:09

Thanks, adamski. Will post again as soon as we hear anything.

All the best - Adam.

**adamski** · 9th May 2008 09:36

Did you send it recorded?

I made the terrible error of not doing so and all the companies I am dealing with say they have not received them, I have resent but it was a poor error on my part, I am too trusting of our postal system and these companies integrity

**adamc6671** · 9th May 2008 17:09

Very definately sent recorded!

It really is appalling, and utterly disgusting, that these huge financial corporations have absoloutely no qualms at all about lying through their teeth to their most valuable asset - their customers - by claiming not to have recieved the letters we send to them. A tiny proportion of letters may get 'lost in the post', but the vast majority get delivered, and on time, in my experience!

Oh well - such is life!

Adam.

**adamc6671** · 13th July 2008 08:59

Hi all

BIG problem with this claim!

The first letter (as above) to MBNA icon

was sent 12th May '08. Their response was that a full reply would be made within 28 days. As soon as the 28 days had expired another letter was recieved from MBNA saying that they had not been able to complete their investigations, and again promised a full response within ANOTHER 28 days.

We responded to that saying that this was unacceptable, that a company of their size should have the resources available to respond fully within the original 28 days, that we now made 'time of the essence' and required a full and satisfactory response within 14 days or we would make a formal complaint to the regulatory authorities without further reference to themselves.

Both that 14 days AND their own 28 days have now expired without any further communication from them!!!!!!!!

We now wish to make a formal complaint to the authorities. Can anyone advise PLEASE on exactly who to make the complaint to (FSO, FSA, another body, etc), together with their contact details, if possible. I've read through all the info on here, and for the life of me can't unravel exactly who to make the complaint to. Any help would be hugely appreciated.

Many thanks

Adam.

**alanalana** · 13th July 2008 11:43

Hello adamc,

If you are complaining about not being given information requested under your SAR icon

as per the Data Protection Act 1998, the Information Commissioners Office (ICO) is the place to complain to.

If it is a general grievance icon

about the way you are being messed about you can complain to lots of people just to make them aware of the situation.

Please check out post 47 from my thread and you will see how I approached it.

alanalana PPI claim against RBS (looking for some help) please

The fos icon

are currently dealing with this, as are the ICO.
The OFT, FSA and BBA all responded. generally to state they were not regulatory bodies and could not get involved with disputes but the OFT asked me authorise them to use the information as a regulatory body or to pass the information on to others.

hope this helps

aa

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