HSBC & MBNA PPI reclaim - info / guidance required

[ClareHelenJohnson]

Hello everyone - new recruit here.

 

These posts are fascinating

- thanks so much for sharing all this expertise.

 

I'd be very grateful for some advice on the following.

 

I had an HSBC Gold credit card that I paid off in 2003.

 

I closed the account then and didn't save the statements (probably a big mistake).

 

I'd like to find out if I paid PPI on them (I suspect I did).

 

I've called the normal HSBC credit card number and they have no record

and the Ombudsman also confirms that there's no legal oblication for banks to keep records for more than 6 years

but I should try putting in a subject access request.

 

Can anyone tell me of any other measures I can try and how likely it is that the information will still exist?

 

If part info exists,

how will my claim be calculated,

as I became self-employed in 1999 s

o think that I can only claim a refund from that time.

 

Thanks again for any advice. Clare

[MARTIN3030]

Hello Clare I have started a new thread for you

IIt is a good chance that you will get some or all of the info by doing a full SAR.

[MARTIN3030]

Actually if they are saying they have no statements over 6 years old,they are telling porkies.

Have a read here;

http://www.consumeractiongroup.co.uk/forum/showthread.php?347468&p=3808418#post3808418

[ClareHelenJohnson]

Martin

 

Thanks so much.

 

The plot now thickens and I'd be grateful for your further advice.

 

MBNA sent me a form to fill in which was based on some official form possibly the Ombuds or FSA docs.

 

I explained in there that I'd had a payoff when made redundant in 1999 so never needed to claim against my PPI

and that subsequently I became self-employed and so couldn't.

 

They claim that:

 

1. A&L set up the account and the PPI was sold before MBNA bought the account.

2. When MBNA took over, ts and cs were sent to me and I had 30 days to cancel - which I don't remember. They say that I had enough information to make my own decision.

3. When the PPI was transferred I was eligible (aged 18 to 70, UK resident and in permanent employment).. They don't say when they bought the account but I see that it was in 2003.

4. The complaint is being referred tot he previous lender but this is their final response. They suggest that I go to the FOS if I want to complain further.

 

I see that the FOS is held in low esteem on this site. What do you suggest I do next as I think I'm being fobbed off by a well oiled machine? I have some statements showing PPI.

 

Thanks very much.

 

Regards

Clare

[dx100uk]

hi claire [hope this is not your real name]

 

your claims are both squarely with the current owner [mbna/hsbc]

 

i'd still fire off SAR's

[ClareHelenJohnson]

Thank you. Is this because they bought the responsibility when they bought A&L or for another reason?

[dx100uk]

10/10

 

dx

[ClareHelenJohnson]

Dx thanks again. Do you think it's worth going to FOS - am I accepting this as MBNA's final response if I do or should I dispute their statement while talking to the FOS? I see that some people issue small claims court actions - at what point should that be an option and how much evidence do I need?

 

Kind regards

C

[dx100uk]

dispute mbna findings

 

they shold not be refusing a reclaim on one letter and upon mostly speculation.

that things should have happened like this & our systems are foolproof

 

the 'seller' if the PPI would have got a nice commission selling that to you too!

 

if you've not got the sar back yet, i'd await your reply til then.

 

poss put a holding letter in with the SAR

 

explaining you wish to see the the evidence they are using and will reply when

you have it

 

dx

[ClareHelenJohnson]

Dx

 

Thanks very much - I'll do that. I really appreciate the hand-holding!

 

Kind regards

Clare

[ClareHelenJohnson]

Dear Dx

 

Hello again

- I've now put in an SAR (dated 5th December) and checked on Fri that they had received it and the money; apparently it had just been put on the system that day.

 

So now MBNA are telling me that they have 52 days from my letter to get back (I've explained in my letter that I don't take this as their final response).

 

In the meantime I wrote to the Ombudsman and have had a questionnaire to fill in.

 

Should I do that as one of the questions is whether I've had MBNA's final response?

 

I've had what they say is their final responsoe and I'm saying that I don't accept that - what to do?

 

Thanks again for your help Kind regards C

[dx100uk]

there is no need to yet fill out the FOS CQ

 

await the SAR return.

 

dx

[ClareHelenJohnson]

Dx thanks again - and happy new year! This is the year that this will be sorted, I'm sure. Kind regards C

[Old Cogger]

SAR 40 days from date of request, not 52 they pulling numbers out of air, as with HSBC thru FOS agreed they needed to tighten up their system dealing with SAR request within 40 day framework..

[ClareHelenJohnson]

Mike

 

Thanks very much! I will call them tomorrow.

 

Kind regards

Clare

[ClareHelenJohnson]

Mike

 

Hello again to you.

 

I am determined to sort this out in tribute to Martin 3030 as well as making donation to the site.

 

I've now had various print outs but some of the most salient abbreviations don't seem to be listed (no surprise there...).

 

Do you think an entry saying ins. cancel reason back in 2003 would be re a conversation about the unsuitability of the insurance as I was self-employed?

This was in Nov 2003.

There's also a ref to a conversation in April 2003 sayin that I wa sunhappy with charges on the account as I'd had no statements.

 

It also shows me ringing to complain in 2005 that the acc was still open though I'd asked for it to be closed 12 months earlier,

so much for the stance "ou gsystems never get anythign wrong" if proof were needed!

 

What else should I be looking for and is this the right moment to fill in the fos form?

 

Thanks again C

[dx100uk]

so it looks like the PPI was cancelled in 2003

 

have you statements for that period?

 

dx

[ClareHelenJohnson]

D

 

I paid it off in 2003.

 

I do have some sample statements preceding that but not the full set.

 

However, the bank hasn't ever disputed that I was paying PPI.

 

I became self-employed in 1999 but never claimed on it even when made redunmdant in 1999 as got settlement from the company that made it unnecessary.

 

So, there was no way that I needed it.

 

Plus the fact that I never realised that it was optional.

 

Thanks again

C

[dx100uk]

await the sar then

 

dx

[ClareHelenJohnson]

Dx

 

The SAR has arrived - at least I think that's what I'm looking at - and that's where I'm getting the info from. Thanks again

C

[dx100uk]

the FOS state you can use an AVG figure from what you do know

 

dx

[ClareHelenJohnson]

Dx

 

Hello again - so the best thing for me to do now is to fill in the fos form? Is there anything that'd in the SAR that I should use as evidence? Or will the basic facts below do it ie:

 

1. I'd had a payoff when made redundant in 1999 so never needed to claim against my PPI

2. Subsequently I became self-employed and so couldn't. I was self-employed when MBNA took over in 2003.

3. Never realised that PPI was voluntary

4. MBNA saying that their ts and cs were sent in a leaflet doesn't mean that their systems are beyonf reproach, witness the fact the acc stayed open for a year after I'd closed it.

 

Thanks again - really appreciate your help and hope I'm not being too labour-intensive!

 

C

[dx100uk]

3- optional.

 

spread sheet

FOS CQ

statement copies

covering letter

 

all to the OC

 

dx

[ClareHelenJohnson]

Dx

 

Thanks -is the OC the same as the FOS? Presumably I'd have to guess at the average amounts paid because I dont have statements for the full period? I think there will be info held by MBNA that shows amount that they maybe haven't sent if it's not covered by SAR so could they be forced to use that to work out compensation accurately?

 

C

[dx100uk]

OC is original creditor - MBNA

 

you calc the avg from the months you know already

 

dx