Advice on PPI Claim back - MBNA

[kellyodwyer]

Hi All,

Looking for a little advice as to where to go next with my claim. I received a form from MBNA (i was in the process of contacting them and had drafted a letter as I thought I had PPI on the account). They sent me a form saying PPI had been an issue with some clients of theirs and if I thought I had a claim I could fill out the paperwork. I thought this was handy and saved me actually having to write them a letter off my own back.

I filled out the form and sent it off. I did have PPI on the account (which has now been cancelled. They already had cancelled it themselves as soon as I started the claim as I called to say I wanted it cancelled and was informed it had already been done).

I am not happy with the way they have dealt with my claim. I received a letter saying i took the credit card out on 20th October 2006, I had PPI on the account since it started and at the time of sale I said I was eligible for the policy. I stated in the questionnaire I filled out for them them PPI was not relevant for me as if I had lost my job my parents would have cleared the card for me and PPi would not have been needed. I was not prepared to give them details of my parents savings over the phone and they have responded saying as I didn't do this they are not persuaded this would have been the case and they basically don't believe me.

Also I was told that in the documentation I was sent I was informed I could cancel the policy with 30 and I could have cancelled the policy at any time.

I asked for copies of the paper work I filled out when I signed up for the card (it was apparently all done on line) and and all they have sent me just a tick box form that I have been told I ticked but nothing with my actual signature on or anything. There is no way of me checking back and seeing if this form was actually part of the application I did.

They have referred me onto the financial ombudsman now but I am not happy in the way they have fobbed me off and wanted to maybe have another go at them to let them know I wasn't going to go away that easily. I have had about 4k on the card for the duration of it and only ever paid minimum payments which makes me believe that if I am successful I will have quite a nice amount to claim back. Also the fact that they cancelled the PPI without my requesting makes me think that if they thought it was within my best interests to have it on the account they would have kept it there and waited for me to actually call and request I wanted to cancel it, not do it automatically.

I am just looking for some advice as how to proceed now really, I don't know whether it would be benificial to SAR them to see if they hold any further paperwork or if there is maybe a letter I could send back to make them reconsider the claim?

Any advice you can give me would be greatly appreciated! I have copies of everything they have sent me including the form I filled out when I first started my claim if this would help at all.

Thanks in advance,

Kelly

Kelly

[di30]

Re: Advice on PPI Claim back - MBNA

Hi there and welcome

Did they actually mention in the letter that it was final, or you if you could provide further information they will review your complaint?

I have always requested for a SAR on each of my claim, in case anything is amiss, but that is your choice of course, as you may even receive info of how it was sold to you etc and how the PPI was applied and so on, it can vary on what banks/business can hold.

However, if you do have the opportunity to write back with further info, I would do so by writing that you are disappointed with the outcome of your complaint, and you don't feel the complaints dept taken your complaint seriously, and you believe you have genuine grounds to make the complaint, and wish them to reconsider (with any further info you can give them) ask that they send you details of what they hold in how they decided to reject your case, but the fact is you made the complaint on genuine grounds with genuine reasons.

If you do not have the opportunity to write further, then you could write/email the Chief Executive officer (CEO) of the business and tell him or her your not happy on how your complaint been handled and you don't believe the complaints team taken your complaint seriously. State that you would like to give them the opportunity to review this, before you decide to take further action. (For example: the FOS).

I would make the letter your own without using a template, it stands a stronger chance, as the banks etc are so used to receiving generic complaint letters (that look more or less the same) if you get my drift , but anything you can think of that you may have missed, then do also add to your letter.

Hope this helps and meanwhile maybe one of our folks will have other ideas and help for you, good luck, please keep us posted, cheers x

[kellyodwyer]

Re: Advice on PPI Claim back - MBNA

Hi Di,

Thanks for taking the time to come back to me and help me out! They did say it was final in the letter they sent me and that I should escalate it to the FO. They didn't even give me the option to prove that my parents had ample savings and could have cleared the card which is what I think is unfair.

Would you advise I still SAR them and then escalate it to the FO with that supporting information or have a go at issuing them with the SAR and also then write them a letter detailing I am unhappy with how they have dealt with my claim. Or would you think that would be a waste of time?

Thank you so much for your help,

Kelly x

[di30]

Re: Advice on PPI Claim back - MBNA

Hi Kelly

Not a problem

If you've not done so yet, then try the Chief Executive Officer (CEO) of the business you complained to, tell him your not happy with the outcome as said in my above post and enclose any copies of information you have, and if anything you may have missed.
Ask that he gets back by 14 days.
(If they do not get back by then or if they do not change anything) I would definately then complain to the FOS.

In my opinon I think SAR's can be helpful, as details maybe enclosed that may also help your case. Send the SAR to the Data protection dept of the business.

Hopefully it will not be a waste of time, but many I know of know once they reached the end of the avenue with the business have also given the CEO of the company the opportunity to investigate further, but I wouldnt give them longer than 14 days to come back with a response.

However, with a SAR they can take up to 40 calendar days, but yet if you did end up complaining to the FOS, you can always enclose further info from the SAR with your complaint to them about the business.

Hope this helps x