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About kev-insted

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  1. Forgot to say that I also sent an email to MBNA with the following info and advised them I was also sending a SAR request. "I have now taken further advice on this, and consider that your response to my complaint does not follow the guidelines in the PPI Redress Handbook contained in FSA Policy Statement PS 10/12:- DISP APP 3.2.2 The firm should seek to establish the true substance of the complaint, rather than taking a narrow interpretation of the issues raised, and should not focus solely on the specific expression of the complaint. This is likely to require an approach to complaint handling that seeks to clarify the nature of the complaint. DISP APP 3.3.1 Where a complaint is made, the firm should assess the complaint fairly, giving appropriate weight and balanced consideration to all available evidence, including what the complainant says and other information about the sale that the firm identifies. The firm is not expected automatically to assume that there has been a breach or failing. DISP APP 3.3.2 The firm should not rely solely on the detail within the wording of a policy's terms and conditions to reject what a complainant recalls was said during the sale. DISP APP 3.3.3 The firm should recognise that oral evidence may be sufficient evidence and not dismiss evidence from the complainant solely because it is not supported by documentary proof. The firm should take account of a complainant's limited ability fully to articulate his complaint or to explain his actions or decisions made at the time of the sale. DISP APP 3.3.4 Where the complainant's account of events conflicts with the firm's own records or leaves doubt, the firm should assess the reliability of the complainant's account fairly and in good faith. The firm should make all reasonable efforts (including by contact with the complainant where necessary) to clarify ambiguous issues or conflicts of evidence before making any finding against the complainant. DISP APP 3.3.5 The firm should not reject a complainant's account of events solely on the basis that the complainant signed documentation relevant to the purchase of the policy. DISP APP 3.3.9 In determining a particular complaint, the firm should (unless there are reasons not to because of the quality and plausibility of the respective evidence) give more weight to any specific evidence of what happened during the sale (including any relevant documentation and oral testimony) than to general evidence of selling practices at the time (such as training, instructions or sales scripts or relevant audit or compliance reports on those practices).
  2. On the letter I received "non-advised sale" was based on "our processes and the disclosures we made to you at the time". I asked for clarification on this but was advised by FOS that because MBNA had stated that this was their final response they didn't have to respond to me! Nevertheless, I fired off the complaint to the FOS and also sent a SAR request to MBNA, specifically asking for ALL information pertaining to my account. All I got back was previous six years of account transactions and FOS said they would be in touch within a month but that it may take a year to fully process! Then I received the offer letter. MBNA now have 10 weeks to come up with a figure. If I don't agree, I deal directly with MBNA and if we can't agree then it gets referred back to FOS.
  3. I called FOS and they gave me a case number and then sent me a complaints form, which is also available on their website. They also ask for any correspondence you have sent or received from MBNA.
  4. Received a letter from FOS advising that MBNA would like to make me an offer "as a gesture of goodwill and with no admission of liability". The letter also says: "MBNA has advised us the compensation you will receive will be based on the general approach that the FOS takes when we decide a consumer has been mis-sold PPI. MBNA will calculate the amount you receive if you decide to accept the offer."
  5. This is currently with FOS who told me because of the high volume of PPI claims, it will probably be at least a month before they can provide an update.
  6. Still waiting on the FSO forms. Should I send an SAR to MBNA before making the complaint official?
  7. Many thanks, Just found this on prudential's career website during a google search: "C&C's core responsibility is to achieve our TARGETED SALES in Corporate Pensions and non-advised sales to existing customers"!!! Ultimately begs the question - So when is a sale not a sale?
  8. Hi ims When I applied for the card back in 1997, MBNA requested details about my employer and my student loans, as I had recently graduated. Having checked me out and knowing that I was in full-time employment and that would be eligble for sickness cover, etc, they still "informed" me about PPI. Thus, we know you don't need it but we're not going to tell you not to buy it!
  9. Hi all I received a rejection letter from MBNA today regarding a PPI claim dating back to 1997, citing "non-advised sale" as the reason for their decision. The letter states that this is their final response on the subject and having reviewed (in their words) "our processes and the disclosures which we made to you at the time, we are satisfied that you had sufficient information to make your own evaluation." The letter also says: "we did not offer advice about the policy, we provided you with information only." I did a quick internet search and then contacted the FOS who said I could still challenge the decision. While I wait for the FOS complaint form, I'm wondering if anybody has had similar experiences with PPI on non-online applications and what steps they took. I'm considering contacting MBNA to tell them I am not happy with the decision, especially as they refer to processes and disclosures made to me at the time, which I have no recollection of. cheers.
  10. Hi all I'm new to this site, but in need of some advice. In March 2009 I was signed off from work with severe depression. To cut a long story short my mum became seriously ill, my dad attempted suicide and my baby son nearly died with kidney problems. Late last year my son was taken ill again and was given the last rights. Thankfully he pulled through but I am still suffering with depression and stress as I watch my mum slowly deteriorate and wonder what will happen to my dad once my mum passes away. After discussions with my employers I agreed to return to work in July. Unfortunately this never happened because my mum was taken into intensive care and my dad was hospitalised with acute stress. Prior to this my employers advised that they had raised my case with an insurance company to pay part of my salary. The insurance company dragged their heels and after requesting more and more info from my doctors they ultimately rejected my claim. I made an appeal but thanks to an unsympathetic OH practitioner was unsuccessful. My benefit has also been stopped based on the dreaded points system and OH feel that I am capable of returning to work. My GP does not agree and wants me to take more time off, but when I visited him last week I explained I needed to return to work otherwise I would be sacked. Which brings me to the crux of the matter. I have been requested to attend an ill heath capability review on Monday. My line manager is fully aware of my situation and has concerns that I won't be able to perform my job because of my ongoing situation. I have agreed a phased return but at the moment I have 2 ill parents (one terminal) and a son who I almost lost and the stress and depression are constantly eating away at me. I want to be honest in the meeting, but I assume that if I say I not not feel ready to return then I will be ultimately dismissed. I want to return to work as I have financial problems but need a little more time. Unfortunately because of OH recommentdation that I am capable of working, I feel that this is going to fall on deaf ears with my employer. Many thanks in advance
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