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Hi, first of all apologies if im posting in the wrong place
Now to my queery...
I took out payment protection on an MBNA credit card, and as i lost my job in November i decided to make a claim as my savings have dried up and i can no longer pay my monthly dues.
But today i received a letter stating my claim was rejected due to me being self employed, i was not self employed, i was working for my wife who runs her own business.
I paid nat ins contributions and income tax, but they are saying that because im related, i am classed as self employed
My wife has a business partner and i have nothing to do with the running of the business.
Are they correct in telling me i am not entitled to payment protection on these grounds?
I can post a copy of the letter if it would help, and one have prepared to send them back.
Typical MBNA wiggling I feel. My first thought is if they thought you were self employed why did they sell you the insurance, surely a claim for miss-selling if nothing else. I would do a copy of their letter to send to Trading Standards, the fos deals with this too, so you could 'phone to ask for advice - they are pretty much snowed under but I would certainly fight back!
7. Thinking of a Full & Final Settlement?Read Here
my views are my own...seek legal advice if ness
NEVER EVER - act on a private message asking you to visit another website, make contact 'off list' or by telephone
- alert the siteteam IMMEDIATELY by hitting the black warning triangle on any message - Particularly if this results in a request to pay a fee to help you.
rather than hittting to be my friend - hit the star
Thanks for the swift reply, im paying £58.00 per month protection and i cant believe they are trying to get out of get out of paying
I rang them earlier and the advisor said, and i quote "ive not heard of that before"
Below is a copy of the letter they sent, and my letter of reply.
Having reviewed the details of the claim presented to us, I unfortunately have to inform you that we are unable to accept your claim on this occasion. Apolicy exclusion applies to your particular circumstances.
Standard policies, such as the one covering your agreement/account, have standard terms and conditions and exclusions. Not all claims can be paid.
Under the terms and conditions of your insurance policy a self employed person is defined as "you carrying on a business in the United Kingdom alone or with others (whether in a partnership or as a member of a limited liability partnership), or you can control the affairs of a company you work for because you or a relative or a member of your household individually or jointly hold the majority of voting rights in the company, or you can otherwise ensure that the company that you work for conducts its affairs according to your wishes".
As per that definition in respect to this claim you are considered self employed as you are employed by a relative-your wife.
If you are self employed the insurer will only pay benefit if you are without work due to the business in which you were self employed totally and permanently ceasing as a direct result of it being unable to pay its debts as and when they fell due.
I am sorry that your claim has not received payment on this occasion. You are required to maintain the payments to your finance account and if you are going to experience any difficulties with these i would urge you to contact your lender straight away to discuss possible solutions. If i can be of any assistance to you, or if you require any further advice or explanation about this claim, please do not hesitate to contact me.
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And my letter of reply.
I am writing in reply to your letter dated 01/04/09 in which it states that my claim has been rejected due to me being self employed.
Could i please point out i was not and never have been self employed, even though i worked for my wife and her business partner i was paying national ins contributions and income tax.
I have no control of the affairs of the business, and the business was not conducting its affairs according to my wishes.
Also you have suggested that my wife holds the majority of the voting rights in the business, this is not possible as she is a joint partner, which at best entitles her to 50% of the voting rights.
I suggest you reconsider your view on this claim otherwise i will have no further option than to involve a dispute solicitor whom i am sure would agree that you are trying to avoid payment on a technicality.
i will be keeping copies of all correspondence for future referance.
Welcome to the PPI forum. I am not familiar with employment law but will try and help on the PPI issue. I will highlight points in red and give my comments in blue.
Thanks for the swift reply, im paying £58.00 per month protection and i cant believe they are trying to get out of get out of paying
I rang them earlier and the advisor said, and i quote "ive not heard of that before" (Firstly try and keep everything in writing that way there can be no denials in the future - black and white is good)
Below is a copy of the letter they sent, and my letter of reply.
Having reviewed the details of the claim presented to us, I unfortunately have to inform you that we are unable to accept your claim on this occasion. Apolicy exclusion applies to your particular circumstances. If a policy exclusions by their own admission exists now then it surely existed at the point the policy was taken out if you have been in the same job. If you were not made aware of the exclusion then the PPI is mis-sold.
Standard policies, such as the one covering your agreement/account, have standard terms and conditions and exclusions. Not all claims can be paid. If not all claims can be paid the policies should not be being sold to those the policy would not cover and they had a duty of care to ensure the policy was suitable to your needs and wants. Clearly not done in your case.
Under the terms and conditions of your insurance policy a self employed person is defined as "you carrying on a business in the United Kingdom alone or with others (whether in a partnership or as a member of a limited liability partnership), or you can control the affairs of a company you work for because you or a relative or a member of your household individually or jointly hold the majority of voting rights in the company, or you can otherwise ensure that the company that you work for conducts its affairs according to your wishes". From your response below they clearly have got the facts wrong. You could pop into one of the other forums on employment law to clarify.
As per that definition in respect to this claim you are considered self employed as you are employed by a relative-your wife.
If you are self employed the insurer will only pay benefit if you are without work due to the business in which you were self employed totally and permanently ceasing as a direct result of it being unable to pay its debts as and when they fell due.
I am sorry that your claim has not received payment on this occasion. You are required to maintain the payments to your finance account and if you are going to experience any difficulties with these i would urge you to contact your lender straight away to discuss possible solutions. If i can be of any assistance to you, or if you require any further advice or explanation about this claim, please do not hesitate to contact me.
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And my letter of reply.
I am writing in reply to your letter dated 01/04/09 in which it states that my claim has been rejected due to me being self employed.
Could i please point out i was not and never have been self employed, even though i worked for my wife and her business partner i was paying national ins contributions and income tax.
I have no control of the affairs of the business, and the business was not conducting its affairs according to my wishes.
Also you have suggested that my wife holds the majority of the voting rights in the business, this is not possible as she is a joint partner, which at best entitles her to 50% of the voting rights.
I suggest you reconsider your view on this claim otherwise i will have no further option than to involve a dispute solicitor whom i am sure would agree that you are trying to avoid payment on a technicality.
i will be keeping copies of all correspondence for future referance.
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sorry its a bit long winded
When did the PPI start?
My first point would be to gather all the information via submission of a Subject Acess Request The fee is £10.00. This entitles you to obtain a true copy of your Consumer Credit Agreement together with the terms and conditions applicable to it when the policy was started. You should also ask for copies of all statements, copies of all correspondence, and any other data in whatever form they hold, paper, electronic, microfische, cd telephone transcripts and be sure to ask for a needs and wants/customer duty of care questionnaire which they should have completed at the point of sale.(to ensure the PPI was suitable to your needs)
When determining whether a policy is suitable, a seller – whether a lender or an agent for the insurer – must obviously take into consideration any information the prospective policyholder volunteers. However, we do not consider the seller’s duty is limited simply to recording what the borrower discloses. It is only by asking questions that the seller can properly determine suitability. These questions cannot cover every aspect of a borrower’s personal position and should not be expected to do so. To paraphrase the ABI Statement, only those matters deemed to be relevant by the insurer should be the subject of questions.
MBNA will have 40 days to comply with your request if they fail to respond fire off a complaint to the Information Commissioners Office and the Financial Ombudsman Service.
It is better to try and ensure you have all the documentation before proceeding to court action.
I hope this gives you a start
aa
I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
I received a letter this morning from RMA (risk management alternatives) stating that "MBNA have instructed us to contact you to secure repayment of the overdue amount to bring your account back up to date.
Please contact us immediately for the payment of the overdue amount. Failure to do so may result in your account falling further into arrears."
this was despite me sending a letter to mbna stating that i could no longer pay due to me being made redundant and being on jobseekers.
its my first missed payment and i really dont have any money to send them.
is this just a standard letter, and what powers do they have? can they send someone round and start removing goods etc?
do i write to them explaing my situation, i have sent off CCA requests to mbna on 6/5/09.
any ideas please.
Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
sorry i forgot to mention... i have PPI with MBNA which i am disputing because they wont pay out because of a "technicality", does this make any difference or is it totally unrelated?
need some advice please - mbna ppi
credit card, and as i lost my job in November i decided to make a claim as my savings have dried up and i can no longer pay my monthly dues.
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