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MBNA PPI - Dating back to 1997

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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.

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Hi

 

Just because a bank/lender issues a final decision it doesn't mean that you can't challenge them yourselves.

 

What were the reasons you gave for the mis-sale?

 

ims


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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!

Edited by kev-insted

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If you were employed full time then you would have been eligible for a policy.

 

Having said that there are many reasons why it could still have been mis-sold.

 

Have a look at this thread and see what other criteria could apply

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?61081-PPI-Some-Notes-for-Claimants..(4-Viewing)-nbsp

 

ims


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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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?

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Still waiting on the FSO forms. Should I send an SAR to MBNA before making the complaint official?

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FSO forms....sorry don't follow?

 

You don't need to SAR but if you want as much detail as you can get on the account then SAR would be the way to go

 

ims


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Kev just go to the FOS website to find their PPI complaint letter.


Keep up the fight against Bank Charges.

 

 

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I had pretty much word for word the same letter back from MBNA for a card opened in 1997 at Gatwick airport with one of those forms you filled in on a pop-up stand in the departure lounge! No idea what i was signing as the young lady from what i recall said i just needed to fill in the address/name etc everything else was just ticked. I had been thinking about letting this go but now i have read this and others these non-advised sales back in pre online days seem to be quite common - so off to FOS for me tomorrow!

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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.

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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."

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Identical thing happened to me and i got a back dated payment to 1996 ............good luck ! Seems to me mbna are rolling over and paying out so i urge you all to get ur refund application in x

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also put in a claim for ppi on my credit card,i received a copy of my application form with the box being ticked even though i do not remember ticking it,the date on the form is 2000 yet today i got a reply back from mbna saying ppi was applied to my account in 2004,also that i ticked the box and signed to confirm ,where do i go from here as mbna are saying the case is now closed .

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go to FOS.


:mad2::-x:jaw::sad:

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Is there a particular form one needs to fill out and send to FOS or do you just write a generic letter? I'm in the same boat as the OP, having just received a letter from MBNA absolving themselves of responsibility because a box was ticked. Like someone else mentioned, who could say who actually ticked the box or not? Are you guys having much success with FOS because those hyperlinks discussing their ineptitude are a bit worrying, too!

 

Cheers.

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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.

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Can I just also ask, how is it that they've determined I was a "nonadvised sale"? They didn't send me anything apart from the letter contending all was above board. Is it just par for the course for them to do this or is there some proof I requested PPI?

 

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".

How are you getting on with them and their "goodwill gesture", kev-insted?

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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.

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I had same scenario ,,,,,,,,,,,,, mbna took about 3 weeks to come up with figs and my cheque arrived 3days later for one acc and 12 for the other, so hopefully in a month you wll be ready to book that holiday x

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Wow. So, would you recommend sending off a SAR request or should I just pursue this through FOS? I hope you get your money back quickly! Thanks so much for your help!

PPI Rani, how long was the process for you all told once you'd gotten this rejection letter from MBNA?

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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).

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hello. my original claim was rejected in nov 2011, my application at fos was regsitered 2nd jan 2012. I was told verbally that it would probably take a year for it to gewt to the top of the pile then lo and behold on 10th may got my letter saying mbna would make an offer after the 22nd may [ which was my deadline to say no ] then i believe it was 10th june i got an offer letter [ although i had received a verbal confirmation when i phoned] and the money started pouring in a few days later, Stick with it mate ........... my offer letter made me fall off my chair !

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thanks for the reply. I posted my complaint letter to the FOS today, so we shall see.

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