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Hello all,
Noob here so please be kind! After a long time deliberating I'm getting ready to try to reclaim my PPI from MBNA. It will be worth a lot of money so I'd really appreciate any advice towards the wording of my claim.
I did a SAR earlier this year and found out that my PPI was taken out at the point I applied for the card when a single form was filled in by a salesperson I met in January 2004. I have a copy of this form, and nowhere on it does it say the "Payment Protection Cover" is optional. There is only a tick box for yes against the statement "....confirm that you are eligible and have read and understand the terms and conditions" with "We recommend that you take out this cover" in bold underneath. I didn't fill in the form, it's clear the salesperson has done it and made a mark there for me, and no signature was required specifically against the Payment Protection Cover section - there is just one for the credit agreement at the bottom of the form.
I have the MBNA customer questionnaire, and in Section E about your complaint I intend to put -
"The policy was “sold” to me in person at the Birmingham NEC in January 2004. No information was given to me before “I” took out the PPI, and the costs, benefits and terms of the policy were not explained by the salesperson. No questions regarding the policy were asked by me as it was not discussed. It is now obvious to me that the PPI was taken, without my explicit agreement, as it was made to appear a standard part of the application process.
As there weren't any discussions about PPI during my application, it could not possibly have been made clear that it was optional and that I didn’t have to take the policy out in order to have my credit card application approved. The lack of explanation, or presentation, of terms and conditions that would have enabled me to make an informed choice also means I could not have considered whether the policy was right for me.
Indeed I now know that on the application form the policy was recommended (in bold print) but there could not have been any investigation taken by the salesperson, or MBNA, to ensure the policy you clearly recommended to me was suitable for my needs. I consider the presentation of the recommendation was made in such a way to make me think that to not follow it would mean my application would be unsuccessful.
Further to all of this my explicit agreement to purchase the policy was clearly not given as I did not fill in the form, sign or mark my approval against this clause - the salesperson did."
For the section asking when I realised there was a problem with the PPI I am going to put "March 2014 (when I did a subject access review) - clearly mis-sold"
Do you think this has a good chance of success, and is there anything you would add or change?
Many, many thanks in advance for your consideration and advice.
Noob here so please be kind! After a long time deliberating I'm getting ready to try to reclaim my PPI from MBNA. It will be worth a lot of money so I'd really appreciate any advice towards the wording of my claim.
I did a SAR earlier this year and found out that my PPI was taken out at the point I applied for the card when a single form was filled in by a salesperson I met in January 2004. I have a copy of this form, and nowhere on it does it say the "Payment Protection Cover" is optional. There is only a tick box for yes against the statement "....confirm that you are eligible and have read and understand the terms and conditions" with "We recommend that you take out this cover" in bold underneath. I didn't fill in the form, it's clear the salesperson has done it and made a mark there for me, and no signature was required specifically against the Payment Protection Cover section - there is just one for the credit agreement at the bottom of the form.
I have the MBNA customer questionnaire, and in Section E about your complaint I intend to put -
"The policy was “sold” to me in person at the Birmingham NEC in January 2004. No information was given to me before “I” took out the PPI, and the costs, benefits and terms of the policy were not explained by the salesperson. No questions regarding the policy were asked by me as it was not discussed. It is now obvious to me that the PPI was taken, without my explicit agreement, as it was made to appear a standard part of the application process.
As there weren't any discussions about PPI during my application, it could not possibly have been made clear that it was optional and that I didn’t have to take the policy out in order to have my credit card application approved. The lack of explanation, or presentation, of terms and conditions that would have enabled me to make an informed choice also means I could not have considered whether the policy was right for me.
Indeed I now know that on the application form the policy was recommended (in bold print) but there could not have been any investigation taken by the salesperson, or MBNA, to ensure the policy you clearly recommended to me was suitable for my needs. I consider the presentation of the recommendation was made in such a way to make me think that to not follow it would mean my application would be unsuccessful.
Further to all of this my explicit agreement to purchase the policy was clearly not given as I did not fill in the form, sign or mark my approval against this clause - the salesperson did."
For the section asking when I realised there was a problem with the PPI I am going to put "March 2014 (when I did a subject access review) - clearly mis-sold"
Do you think this has a good chance of success, and is there anything you would add or change?
Many, many thanks in advance for your consideration and advice.
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