MBNA Credit card PPI for a director

[Angry Cat]

Re: MBNA Credit card PPI for a director

japbox,
I would suggest that you make a FULL subject access request (SAR) to MBNA!

[japjox]

Re: MBNA Credit card PPI for a director

japbox,
I would suggest that you make a FULL subject access request (SAR) to MBNA!

Hi Angry Cat
I sent a FULL SAR request last week. Let's see what they come up with.

japjox

[biondani]

Re: MBNA Credit card PPI for a director

A director of a limited company (one man band) is not self employed. You are fully employed by the company and as such need to legally have a contract of employment. I am also a director of a limited company for IT contracting.

IR35 has nothing to do with self employed status, it is to find those people that work for a single company but via a seperate limited company just to avoid tax ie a hidden employee.

Ian

[StrayPup]

Re: MBNA Credit card PPI for a director

Hi japjox,

I think I was in an almost identical situation as you with MBNA at around the same time. I had a slightly larger company but still had 50% share. This is what I wrote on another thread if it helps...

MBNA Claim Status
Having had a result on the Virgin Card claim, I was awaiting same on the MBNA. However, 3 or 4 weeks ago I got a rejection (final), showing that I had apparently ticked the PPI box on the application form and that they felt that I had not shown that I had any other provision for making the payments in place in case of illness, etc.

I had already "warmed up" the FOS by phone some weeks before during the JR (and got a ref number from them), so I refered it to them pronto with all the paperwork.

I felt a bit relaxed about it for a few reasons and resigned myself to a long haul with the FOS, but some curious events happened:
FOS got my formal complaint and said they would get back to me within a month - surprising so quick.

Got a letter last week from MBNA (no FOS leaflet in it this time) with a new reference number saying they are looking into the matter - strange since I had received a "final" letter from them before! And then another letter from them today apologising for the delay and promising to reply by 9/9. What is going on?

I wasn't too concerned about the situation because I believe MBNA did not even look at the (FOS) questionnaire that I had to send them recently. In it I reminded them that (I did not know at the time that this ppi box was apparently ticked) as a 50% owner/deirector of my company that it was dubious whether I could have claimed on the PPI in any case, and that I would be paid by the company in any case if I was sick. And moreover that even if I had ticked the box it stated that PPI was "strongly recommended" which I believe counts as an "advised" sale according to the FOS case study (case study 2
Mrs B – "advised" sale of a monthly-premium payment protection insurance policy – complaint upheld).

BTW
Someone mentioned that that new letters that I received from MBNA might have been as a result of the Root Cause Analysis

[Karada_uk]

Re: MBNA Credit card PPI for a director

MBNA are the absolute pits! They will do anything they can to avoid paying out. I have been battling with them for 5 years now to try and get a refund of the PPI they charged on my Credit Card. I am also seeking a refund of the excessive charges they made plus interest and statutory interest. The last time I spoke on the phone to somebody at MBNA they threatened me that if I persisted in my claim they would file for the outstanding balance and seek damages in the High Court and try to have me declared bankrupt. I reported this to the OFT who apparently had received other similar complaints and asked me to notify them if they tried any action like this. In their latest letter, they claimed that they had already offered £900 to settle the matter (which they haven't) and they were putting the outstanding balance out to Debt Collectors. I have now been contacted by Wescot claiming for the balance which they claim is £1,960. My PPI claim for a PPI refund, refund of charges, interest and statutory interest is £3,060. Wescot immediately offered a 50% discount if I could pay the £960 today. They didn't seem to understand that the amount of my claim is for more than the outstanding balance!

[japjox]

Re: MBNA Credit card PPI for a director

A director of a limited company (one man band) is not self employed. You are fully employed by the company and as such need to legally have a contract of employment. I am also a director of a limited company for IT contracting.

IR35 has nothing to do with self employed status, it is to find those people that work for a single company but via a seperate limited company just to avoid tax ie a hidden employee.

Ian

Ian - With respect, you are wrong and I have a letter from HMRC to prove that, but i'm afraid I am not going to post it up here.

You should od a little more research before posting such bold claims....unless of course you think the HMRC have made a mistake in their letter to me ? :-)