MBNA and Payment Protection

[wishiwasrich]

My MBNA card predated a redundancy and setting up my own firm. As the latter two were so close together I didn't claim the PPC insurance at the time. However (and this is nearly 5 years ago) I did tell MBNA on a number of occasions that I was self-employed as Director of a Ltd co thus did not believe they should charge the PPC as they wouldn't let me claim. They repeatedly said they WOULD cover me.

 

Lo and behold I had to shut the business due to a family illness abroad. Several calls to MBNA later (and several of their's to me where I told them their insurance should be making payments not me) they first claimed they didn't know which insurer it was. Then it took a month to send me the insurance forms. Then nothing. In the meantime I paid the outstanding due as I had started a temp job. Still nothing. My latest statement they are STILL charging me for this. I've called to complain twice and been put on hold for 40 mins plus whilst they bounce me around.

 

I want the entire amount of PPC back I have paid over the last 5 years which must amount to 1000s - do I have a case? My husband thinks I should report them to the FSA

 

Thanks in advance

[hamish2008]

good luck with the claim - my experience of MBNA is that the insurance I had on my CC refused to pay out on the basis I wasn't paying UK national insurance at the time i didn't work due to illness (stress/anxiety). I'm sure they'll have a sub clause that matches your exact circumstances and well !! They are simply an awful company to deal with though.

 

From what I understand if you have been mis-sold the insurance you have every right to claim it back. How you would go about proving this is another matter and one I'll leave to more qualified people to answer.

 

The good news is that you came to the right place - this forum has been invaluable in helping me deal with MBNA and I doubt I could have managed without them.

 

Good luck

[banker_rhymes_with]

Hello wishiwasrich!

 

Agree with Hamish2008 that the MBNA are no fun to deal with.

 

But on the PPI front, you may have a Claim angle as you could say you were not Self-Employed...and just Claim as anyone else would claim if they lost their Job and were made Redundant.

 

By that, I mean that if you were a Director of a Limited Company then, technically, you are an Employee of that Company. Sure, you are also a Director, so also an Employer and an Employee, but in the eyes of the Law I think you are classed as Employed not Self-Employed. You would Pay different National Insurance for a start, which could also help prove this point.

 

Self-Employed usually means a Sole Trader or a conventional Partnership (not a Limited Liability Partnership, as that's a sortof Company).

 

OK, this could mean you just say you were made Redundant, and the PPI should then cover you without all the nonsese that a Self-Employed Person has to try and prove to get the same PPI Payments.

 

If there were two Directiors, even better, then each could write a nice Letter giving the other the sack, and so satisfy the PPI Cover Requirement for being "made redundant" as opposed to Closing the Business.

 

Of course, the alternatice is to stick to your original plan and just claim for the whole of the useless PPI back. At least this may give you an alternative, whichever is the most financially rewarding for you!

 

Hope this helps...and good luck, I hope you nail them to the floor, one way or another.

 

Cheers,

BRW

[wishiwasrich]

I haven't even been told the claim is invalid - the insurance arm dont answer my calls nor ever responded to the claim but say MBNA had no right to say I was covered that is up to them. MBNA bounce it back to insurers and still refuse to cancel the cover!!!!

[wishiwasrich]

Thanks all btw. I'm trying to balance job hunting and trying to make some money with the time it takes to chase all of these things. My OH is an insurance agent in a mutual (one of the good guys I promise) and he is utterly disgusted with them... he found this site for me after a particularly bad day. He is FSA registered so we cannot have defaults on our home address hence I've tried to play nicely with everyone and deal with all in an ethical, polite manner - shame the other side don't do the same

 

Thanks again

[banker_rhymes_with]

Hello wishiwasrich!

 

I've tried to play nicely with everyone and deal with all in an ethical, polite manner - shame the other side don't do the same

 

The trouble is, after getting you where they wanted to start with, after that, these bankers don't do ethical, and they certainly don't do polite. Their concentration is either on your Debit Card Number when they want Payment, or on baffling you with spurious nonsesense if you want something from them.

 

Just keep everything in Writing, and build up a folder of evidence as you go along. At some point, this will win the battle, or at least will produce a result that is favourable to you and not them.

 

However, it will take time and I regret that there is no substitute to beat them than plain hard work until you wear them down.

 

Start researching mis-Sold PPI, and I would suggest in your case it would be worth sending them £10 and a far reaching and exhaustive S.A.R - (Subject Access Request). The reason for this, is to find out as much as you can about the PPI and how it was offered and then arranged.

 

Dig out any Paperwork you may have, as that may start to show little bits of evidence that you can use. For example, was the PPI Sold to you on an Advised or Non-Advised basis? Most bankers will claim the latter, but their PPI Sales Bumf and actual Selling Techniques could well prove the former.

 

Check out Alanalana's Thread on his claims to get PPI back, here's the CAG Thread Link:

 

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

 

I also have a Thread on PPI, although I'm currently fighting them on having valid Agreements at the moment, so my own PPI Reclaims are on hold whilst I thrash out the Agreement issues. But here's the CAG Thread Link:

 

MBNA PPI Unsecured Loans Eyes Wide Shut

 

Between the above, you may get a feel for some of the PPI issues, and/or may work out likely areas for further research.

 

Here are a few other links that may help:

 

(1) Competition Commission's Investigation into PPI.

 

(2) FSA Consumers to benefit from PPI refunds agreement.

 

(3) Which? PPI - the rules Were you mis-sold?

 

(4) DebtAdviceBureau Payment Protection Insurance: Peace of Mind - Until You Make a Claim

 

(5) thisismoney.co.uk Reclaim your PPI premiums

 

(6) Fool.co.uk The Death Of Rip-off Insurance?

 

OK...that should get you started!

 

Hope this helps.

 

Cheers,

BRW

[wishiwasrich]

A little light reading!??!

 

Thank you.