MBNA PPI reclaim rejected

[Mitch177uk]

Hello, I am writing on behalf of the wife who cant find her way around the site:|.

 

She applied for MBNA credit card in 1998 when stopped by one of their 'reps' at a stand in a shopping centre. The card was repaid in full or balance was transferred, she thinks to Virgin.

 

After calling MBNA they confirmed PPI was added and would send a 'offer letter'. Instead they wrote to her saying that as a UK resident betweeen 18 and 70 , in full time employment, non advised sale of PPI and she basically 'ticked the box' they could do nothing, if unhappy she could go to FOS and said there was an attached leaflet (there wasnt).

 

Tricky bit here is she was a full time University student in 1998 with a part time job at Greggs doing all or some weekend work (is 16 hours a week full time? she didnt do this every week but worked most days during Uni holidays etc so as an average over the year probably did). Did she commit fraud in her application?

She definitely remembers being told her application would be more successful if she took PPI because of her student status and only part time income.

Is there a template complaint letter to FOS to review this or will she have to SAR MBNA first to get all the relevant info? thanks in advance

[ims21]

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

 

Did you complete a fos questionnaire to accompany your reclaim?

[citizenB]

Most PPI policies wouldnt cover a student working 16 hours or less.. so I guess that could be a reason for mis selling.

 

Did she ever receive the policy documents - MBNA were rather lazy in sending those out.

 

If it was implied that her application would be considered more favourably if she took the policy then that is another reason.

 

You advise this was an agreement entered into with one of the shopping centre stalkers.. unless the PPI was explained at the point of sale, then your wife could not have possibly known of any exclusions. If she then also didnt receive any policy documents, she still would have been unaware.. until of course there might have come a time when she attempted to claim and would have been refused/told she wasnt covered !1

 

There was a Judgment handed down in favour of the account holder a couple of years ago, where someone was stalked in a shopping centre and basically signed it just to get rid of them. I think that had PPI attached.

 

BRB ..

[citizenB]

Here you go..

 

One is the judgment and the other is part of of a CAG thread where there was discussion. Although this is in connection with a claim brought against Lynn Thorious for her credit card. The PPI figured quite prominently

 

 

mbna-europe-thorius[1].pdf

 

MBNA v Lyn Thorius.pdf

[Mitch177uk]

Thanks guys, maybe didnt give the full picture having spoken with er indoors. She definitely was full time (+16hrs/week).

 

She didnt know of this fantastic site and the 'procedure' therefore hasnt written to MBNA with FOS questionnaire or requested a sar, she did it all over the phone with their call centre. MBNA letter say this is their final response so can she not write to them again possibly with SAR request in first instance??

[citizenB]

Yes, you dont have to accept their decision.

 

Send your SAR and obtain as many statements as you can.

 

Then .. complete a spread sheet - download and complete the FOS form - then resend to MBNA.

 

Unfortunately this is going to take time.. 40 calendar days for them to comply with the SAR request. Then they have a further 8 weeks to deal with the PPI refund request.

 

HTH.

[Mitch177uk]

many thanks, currently awaiting my own SAR response from Lombard- will update as things progress, thanks

[Guest alan703]

My first MBNA application was rejected exactly the same way as yours. My account was opened in May 1998

 

Email the CEO [email protected] and explain you are unhappy and provide the evidence or explanation that shows you were mis-sold.

 

In my case, I was a member of HM Forces, the decision was overturned, I am now arguing the value of the claim.

 

Just so you know, I have received a copy of my so called agreement from 1998, the PPI box is a joke. It states

 

"You SHOULD be eligible for cover if you are aged 18 to 64, employed and not aware of any impending unemployment"

 

Very definitive terms and conditions there - Not

 

So in your case, your wife would have been mis-sold at the point of sale, as it does not state FULL time employment was the requirement.

 

 

 

I advise you to keep a hard copy of everything, and try not to deal with them by phone, unless you have the know how to record every call you make and receive. They have contradicted everything on my case, and even suggested the PPI was still running when the account was closed 8 years ago. My claim is now with the FoS as I do not trust MBNA's calculations as they have shown amazing incompetence throughout my claim.

 

My SAR was also incomplete, and remains so. It is missing the information they contradicted, and the letters that initially said I had no PPI on the account, no worry, as I have the original. Specifically ask for a TRANSACTION LIST as they will charge you for statements.

 

If you create your own spreadsheet, you can turn your transaction list into statements yourself, which will allow you to easily complete the runningfos spreadsheet on this website.

 

Here's my home made statements saving me (£4 * 75 = £300). Just make a page break at the end of every statement period (which will be the day the charges are added), Tie the B/F balance to the previous C/F Balance. Your running balance will be the previous balance, plus the current IN or OUT figure from the row you are working on

 

For Example if E1 is month one's final Balance and you want to work out month 2 (E2) final balance

In E2 you would enter

=E1+C2+D2

=E1 (Month 1 total) + C2 (month 2 OUT) + D2 (Month 2 IN)

 

You can then work out your total payments in, out and PPI, and refer back to them much quicker.

 

In my case, MBNA "lost" the first 5 months of transactions, and said there was no card use in that period. But as I reconstructed my statements, I was able to prove there was a balance of almost £1000 at the start of the transaction list. It also helps if you know 1 or 2 definite transactions along the way, as it helps ensure you've done it right.

 

MBNA asked me to provide evidence that they had all along.

 

This looks complicated, and I'm sorry for rambling, but I'm hoping it is of some help

 

MBNA Statements.pdf

Edited July 18, 2012 by alan703

[Guest alan703]

Thanks guys, maybe didnt give the full picture having spoken with er indoors. She definitely was full time (+16hrs/week).

 

She didnt know of this fantastic site and the 'procedure' therefore hasnt written to MBNA with FOS questionnaire or requested a sar, she did it all over the phone with their call centre. MBNA letter say this is their final response so can she not write to them again possibly with SAR request in first instance??

 

I have had three or four "This is our final response" letters. just email the CEO and complain, attaching the FoS questionnaire, but you will need to print off and sign the last page, then scan it back into the file.

[Guest alan703]

Yes, you dont have to accept their decision.

 

Send your SAR and obtain as many statements as you can.

 

Then .. complete a spread sheet - download and complete the FOS form - then resend to MBNA.

 

Unfortunately this is going to take time.. 40 calendar days for them to comply with the SAR request. Then they have a further 8 weeks to deal with the PPI refund request.

 

HTH.

 

I would send the FoS complaint in, without the figures, at the same time as applying for an SAR.

They have 40 days to deal with the SAR

They have 56 days to deal with the PPI complaint.

 

That means your complaint will be dealt with within 56 days, not 96 days.

 

You WILL have the SAR before your PPI decision, and you can work out what their offer should be before they send it to you.

 

Chase the SAR down by emailing the CEO [email protected] if you do not get an acknowledgement of the SAR request within 21 days. I got my SAR on day 39.

 

I've done it. I've been told I did not have PPI and this was the final letter, then offered £1635, then a further £135, then a further £100. I figure they owe me more than £2000, so have now gone to the FoS.