Ppi virgin MBna non advised

[Flintoff99]

Hi,
Just looking for a bit of advice. I sent a claim to virgin MBna who say that I ticked the Ppi box when applying for the cc and therefore they won't refund.

Im assuming this is game over, they have included the online form which confirms this. I just wondered if any other lines if argument were available. The form is particularly small print with the Ppi tcs miles away from the box. Not sure if would have appeared on the website ?
In short, is there any mileage in referring to fos or not worth the hassle . Thanks in advance .

[di30]

Re: Ppi virgin MBna non advised

Hi and welcome

Sorry for the delay in responding, give me a min and I shall post up with some info/advice for you.

[di30]

Re: Ppi virgin MBna non advised

Hi again.......

So it was an online application?
Did they confirm if it was a final decision and enclosed details of the FOS?

With online applications it can be difficult to prove on mis selling, but there has still been success, depending on the reasons given.

So basically with some online applications, it may have been the case that it was an opt-out, it was therefore already applied, and assumed it was all part of the package, so it was left be, or if tried to untick, the application would not allow you to go any further.

Or, it may have been the fact that it was not chosen, not ticked, then later came a telephone call, where you may have been pressurised to take out ppi.

Even so, if you have reasons, even if ticked for example, maybe a pre med condition at the time it was taken out, you should make it clear and make them aware that chosing ppi it was assumed it covered you for everything, as you did not realise it would exclude you from making a claim in the future........

I would write back again by giving them 14 days, and also make it clear that you will be taking matters further, if you do not hear nothing or if they do not change the decision in your favour with your reasons.
Tell them the small print was all jargon.

So anything else you think you may have not mentioned, also ask them to reconsider the complaint and to let you know by 14 days, if this fails, then yes complain to the FOS.

Good luck.

[Flintoff99]

Re: Ppi virgin MBna non advised

Would the fact I was a teacher with a permanent contradict be a useful argument , how do I know if the box was pre ticked ?

[di30]

Re: Ppi virgin MBna non advised

With being a teacher then I assume you would have had the perks to go with it, so yes you could confirm this to them, and in regards of knowing if the form was pre-ticked - it depends what you can remember really.

Just to ask as well, have you requested for the paperwork by using a Subject Access Request (SAR)?
With a SAR they have to provide you with all data they hold on the account, this will include how the application was completed, telephone call transcripts, any details of the PPI etc.....

If not and if you would like the template letter for this, give us a yell and we shall post it up. You enclose the one off payment of £10 cheque or postal order, and they have up to 40 calendar days to comply to this request.


Cheers.

[Flintoff99]

Re: Ppi virgin MBna non advised

Hey D,

Thanks for your detailed, informative replies.

The letter from MBNA says that PPI was added at my request. The PPI was on a separate page - it was clear that it was a distinct product. It says GIVEN THAT YOU TICKED THE BOX...

it confirms that they did not offer advised and the sale was non advised. They state this is their final response and can I complain to FOS.

I have not requested SAR - if I got straight to FOS do they do this? Also do they fight my cause or do I need to provide some evidence .]

Thanks once again

[Bill-K]

Re: Ppi virgin MBna non advised

Hi Flintoff. You've been getting excellent advice from our Di, I see.

Just as an addition to that, it might possibly help if you can let them know that you are not just going to go away because they have sent you a 'Fob-Off' letter. The fact that you MAY have ticked a box and/or signed on a dotted line does NOT mean that you were not the victim of mis-selling. I often recommend quoting them some relevant FSA/FOS rules/guidelines - just to let them know that you are serious about this. You may want to quote some of these. The FSA Handbook on PPI Redress contained within PS 10/12 states:

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).

[Flintoff99]

Re: Ppi virgin MBna non advised

Hi,

Thanks for your reply. 3.3.5 seems very appropriate. Do I ask for SAR at the same time?
Do I need to include specific reasons as to why they should reconsidered or just ask them to reconsider?

[Bill-K]

Re: Ppi virgin MBna non advised

My own personal preference is to send the DSAR entirely separately - and before you communicate any further with them regarding a PPI reclaim. Don't let them know why you are sending the DSAR - you get my drift ?

Once you have the DSAR info, then you can resume your claim. They have 40 days to comply with the DSAR, but often take longer. During this time, if you have a read of the advice in the PPI section, you'll get to know how to mount your claim. Personally, I don't like to be specific with the initial claim. I prefer to leave that to the lender, and we can then focus directly on whatever objections they may put forward.

[Flintoff99]

Re: Ppi virgin MBna non advised

Di, may I have the template letter please?

[Thomas-Webster]

Re: Ppi virgin MBna non advised

Exactly the same thing happened to me when i claimed on my 2 old hsbc loan accounts, i realised was paying them ppi, did not want it or need it, they refused to pay on both saying the axact same thing they said to you, that it was non-advised- i knew this was absolute rubbish, i then put a claim in through a CMC, Prestige PPI Claims on a no win-no fee basis, they got me refund of nearly £8000 on both accounts, this was all my ppi and interest plus 8% interest on it!!!! Was Chuffed, happy days!!!!! Did not cost me a dime and got me a massive refund, call them if u need to on >Number Removed<, they offerred to send me out forms but i told them i had learning difficulty, a bloke came out to me! helped me even fill in the forms cus it was quite lengthy.

[Flintoff99]

Re: Ppi virgin MBna non advised

Hmmm

[di30]

Re: Ppi virgin MBna non advised

Hiya, just messaged you now, sorry I was not here yesterday.

[Celestine]

Re: Ppi virgin MBna non advised

Exactly the same thing happened to me when i claimed on my 2 old hsbc loan accounts, i realised was paying them ppi, did not want it or need it, they refused to pay on both saying the axact same thing they said to you, that it was non-advised- i knew this was absolute rubbish, i then put a claim in through a CMC, Prestige PPI Claims on a no win-no fee basis, they got me refund of nearly £8000 on both accounts, this was all my ppi and interest plus 8% interest on it!!!! Was Chuffed, happy days!!!!! Did not cost me a dime and got me a massive refund, call them if u need to on >Number Removed<, they offerred to send me out forms but i told them i had learning difficulty, a bloke came out to me! helped me even fill in the forms cus it was quite lengthy.

Though it's always good to see a happy CMC story, I am curious as to how you got back ALL your PPI and 8% interest without having to pay Prestige their 25% + VAT fee?

Legal Beagles is a not for profit site that contains no links to 'commercial' organisations such as CMC's. Most people come here because they want to save themselves the 25%++ fees and get all THEIR money back into their own pockets.

The process of reclaiming PPI is straightforward and is easily achievable with our help if you need it.

[Flintoff99]

Re: Ppi virgin MBna non advised

Hi I received my SAR request back today. What should I be looking for?

Thks in advance