Thread: Chasing MBNA over old mis-sold PPI

I’m pursuing MBNA concerning what I regard as the mis-selling of PPI going back many years. As a self-employed person, and they are aware of this, it has become clear that I am not covered under the policies they have been claiming premiums for.

They have responded to my letter demanding repayment of premiums with every excuse they could find, finishing by saying that this their final response, and noting that my complaint relates to a period outside of the time-limits for referral to the Financial Ombudsman Service.

But I believe that not to be the whole truth. I seem to have read somewhere that the FSO will investigate claims where the claimant has become aware of the mis-selling within the last 3 years, as in my case, regardless of when the actual mis-selling occurred. Is this true? If so it seems to me my next step should be to inform MBNA that since their response is unsatisfactory and misleading I am referring the matter to the FSO immediately.

Thanks in advance for any advice.

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Thanks for the bump! It reminded me to keep looking for the info and I found it on the FSA site. I've tried posting the link, but the system here won't let me, so here's the relevant text:

"The Ombudsman cannot consider a complaint if the complainant refers it to the Financial Ombudsman Service:
(1) more than six months after the date on which the respondent sent the complainant its final response; or

(2) more than:

(a) six years after the event complained of; or (if later)

(b) three years from the date on which the complainant became aware (or ought reasonably to have become aware) that he had cause for complaint;"

In other words, if you become aware of the mis-selling in September 2008 the Ombudsman will consider a complaint any time up to September 2011, irrespective of how long ago the sale actually took place.

Oddly MBNA forgot to mention that, so I'm referring the mis-selling to the Ombudsman.

My complaint will center on the fact that I’m self-employed, MBNA were aware of that, yet they sold a policy that they knew was inappropriate for the self-employed.

But the other interesting point is that the fos will consider complaints where the selling took place over 6 years ago. MBNA took pleasure in telling me that the sale was too old so I could get lost, but that’s not necessarily the case.