Canada Square & MBNA CRP/PPI Rejection

[Bugstur53]

Apologies as I'm new to this forum so apologies as I've posted in the wrong place or have asked a question with an obvious answer!

I'm looking for some advice on as after reading about PPI and having applied to those I had loans or credit cards with - I've had a success with Barclays but have recently had two rejection letters from Canada Square Operations (on an Egg card) and MBNA (on a Virgin card) based on following:

1. CANADA SQUARE:

Card was opened in 2001 via their website, they gave the following reasons for rejection:
1. Did not require you to take repayment insurance as a condition of obtaining the card.
2. Did not provide an advisory service.
3. Required you to positively confirm that you wished to purchase this policy during the application.
4. Provided full terms and conditions of the policy and requested you read them before submitting.

Trying to recall an application I made 14 years ago is difficult but I know I would have never knowingly taken out CRP/PPI and have read a lot around the fact Egg used pre-tick boxes that made it near impossible to complete the credit card application without purchasing the insurance.

2. MBNA:

Card was opened in 2003 via their website, their letter is fairly lengthy so I’ve linked to it here:


http://i.imgur.com/ZRy3tJI.jpg
http://i.imgur.com/0BPiBaf.jpg

Again I would have never knowingly signed up for any additional services and have read similar discussions to Egg about the pre-tick boxes practices.

So I’m really looking for any advice on whether I can pursue these claims any further, thanks in advance for any help!

[Victoria27]

Re: Canada Square & MBNA CRP/PPI Rejection

Hello and welcome! You are in the right place and there are no wrong questions.
We all have been there and are constantly learning from each other, sharing our experiences and try to give as much help and support as possible.
It is the best forum

I am sure our experts will be along soon, meanwhile, here are the relevant links from our forum, related to pre-ticked box.
It may be helpful to look at those threads.

http://www.legalbeagles.info/forums/...ard-Egg-Issues

http://www.legalbeagles.info/forums/...874#post423874

Best,
Victoria

[Bugstur53]

Re: Canada Square & MBNA CRP/PPI Rejection

Thanks Victoria, the threads are really helpful and do give me hope that I may be able to overturn these decisions. Unfortunately I can't recall all the details of my application as well as the other forum users (age I suppose!) so if anyone can shed insight on what I can do next will help no end!

I'm wondering whether I need to do a SAR request and see if that yields anything, Canada Square (Egg) have said unless I have any new information they are closing the case and MBNA (Virgin) have said much the same too. Some have suggested going to FOS as the companies in question may wish to autopay rather than the FOS fee but I know this will be dragged out for a substantial amount of time!

Any help is gratefully received! x

[Victoria27]

Re: Canada Square & MBNA CRP/PPI Rejection

You are very welcome.
Yes, it is always helpful to get SAR and I suggest you do that.
It is natural not to remember exact circumstances. It was long time ago. That is why they provide an option to answer "I don't remember". It is expected.
About closing the case it is their usual misleading trick to discourage you.
The truth is they have to reopen it if you have new information. They do not tell you that and leave you with the impression that your case is closed as a final point.
Even if they closed it, they will have to reopen it once you have new information, which you may get after receiving SAR.

I would suggest SAR as you next step.
Then you can either give them new information (if you get it via SAR) or you can cut that step and email straight away to their CEO offices, challenging their decision to reject and giving them 2 weeks to put it right.It is important to prepare that email in such s way that they will clearly see their decision was wrong and they should uphold.
In order to do that right. When you have a moment, may be you can tell us a little bit more about your circumstances, which will show that PPI was a wtong product for you. This way it will be clear you would not have taken it willingly.

For example, if you can prove that this insurance was not needed or wrong for you, it can show that in no circumstances it could have been your own "informed decision" to take it, unless you were led to believe it was necessary or you were not given an option not to do it etc.

It is a common sense that we do not buy expensive products which we do not need or which are not suitable for us.
Can you please show why in your circumstances you would never have taken this PPI.
Once we have that information, it will be possible to prepare your email to the CEO offices of those companies.

We will show them that your complaint was not investigated properly, referring to your personal circumstances, showing why it was not possible that you took it willingly and also referring to the relevant points of the FCA guidelines and the FOS regulations.
In order to do that properly we need your SAR and more information about your grounds for complaint, why you believe it was mis-sold.
Were you not eligible due to your employment status, pre-existing medical conditions, have you had other means to repay, such as other insurances of substantial savings etc.???

You have 6 months deadline from their original rejection (final letter) to complain to the Ombudsman.

Very often when a company realises that you are determined to pursue your case, they give in.
I sorted out few rejections myself by emailing CEO.
It was resolved within 2 weeks.
If you want, for your piece of mind, you can call the Ombudsman and let them know about your cases and that you are going to try to sort it out with the businesses yourself, but should you not succeed, you will send your case to the FOS.

Best,

Victoria

[Victoria27]

Re: Canada Square & MBNA CRP/PPI Rejection

One additional point.
If you applied online it is very important to check about pre-ticked box.
There were some cases where you could not complete your application unless you left this box pre-ticked. But you have to make sure that was the case with your applications.
You can appreciate that it is very difficult to blame anybody for mis-sale if you did it online and did not communicate with anybody over the phone or in the branch.
In that case pre-ticked box or some misleading information online could support your case.
Let's your SAR will be helpful.

Victoria

[Bugstur53]

Re: Canada Square & MBNA CRP/PPI Rejection

Thanks Victoria, this all really helpful!

I think as you say going forward with my SAR request is the next step for them both as I believe that the 'tick box' practice was employed (as it seems to have been in so many others) as I applied online.

I've also written to other banks regarding other PPI/CRP claims and who have investigated advising nothing was on those accounts including two other MBNA cards both of which were opened circa 2002 and Lloyds in 2006 - I wouldn't haven't done it (the PPI/CRP) for some and not others which does lead me the conclusion that some shady tactics were employed by MBNA and Egg in this case.

Thanks again, fingers crossed for positive news!

[Victoria27]

Re: Canada Square & MBNA CRP/PPI Rejection

You are very welcome.
That is a good point to make as well. You did not ever applied for PPI for your other cards, which shows that it was not your intention to have this insurance. When it was really your own "informed" decision, you chose not to take it.
Let's hope for good news

[Bugstur53]

Re: Canada Square & MBNA CRP/PPI Rejection

Finally had a letter back from Canada Square which has made my blood boil - they've asked for proof of address (+ SAR fee) even though I've already been in contact with them since December and already supplied this when asked for before, is this just a delaying tactic? It makes me think how can they make decisions on CRP/PPI cases if they can't even keep a decent 'paper' trail of my case! I feel like taking this higher up the chain as they clearly don't have a clue!

[Mineral1]

Re: Canada Square & MBNA CRP/PPI Rejection

Not sure how a tick box helps the card company's case......The policies have to be suitable to your circumstance (eg do you undertake sports not likely to be covered or pre existing medical condition etc etc) and a tick box can't really be a way of a card company ensuring that you at time of purchase were away of the policy and suitability

[Bugstur53]

Re: Canada Square & MBNA CRP/PPI Rejection

Thanks Mineral1. Question is do I simply give them the proof of address needed again or do I make a point of saying they've already had it - everything feels like a stalling tactic which make me want to take the complaint higher?

[Bugstur53]

Re: Canada Square & MBNA CRP/PPI Rejection

Just a quick update, I received the same letter again today asking for proof of my address for the third time and advising my cheque has been destroyed. I spoke to them on the phone and were equally unhelpful telling me I couldn't speak to the department in question but would 'pass on my concerns'.
It seems ludicrous that this has been going on for nearly a month. Is there anyone to escalate this too as I have absolutely no faith in their PPI team to do their jobs competently!

[Caggie]

Re: Canada Square & MBNA CRP/PPI Rejection

Hi Bugstur53

I completely sympathise with you. The way that Canada Square Operations conduct themselves over PPI is appalling . I have written about my experiences or another forum. They send you around in circles asking for information they don't even look at.

They wrote to tell me I had changed my name and address and when after a lot of time and effort spent trying to talk to someone about it I was told to ignore the request as it it was just a standard template and they had someone working to update the templates.

Basically they seem to try to wear you down into submission. I have raised complaints PPI with other banks and had them upheld without near so much as trouble as I have had with Canada Square Operations.

Probably best to do directly to FOB.

[Bugstur53]

Re: Canada Square & MBNA CRP/PPI Rejection

Thanks Caggie, I just need to sit down and go through the paperwork when I have free time - which is rare at the moment, ultimately I had other cards at the time that i didn't have PPI on so I know I wouldn't have knowingly agreed to it...

[Bugstur53]

Re: Canada Square & MBNA CRP/PPI Rejection

Hi Caggie, I've been so lax on this but hoping to send letters off shortly, the DSIR/SAR information they both supplied makes no reference to the CRP/PPI or copies of my original application (as it was made online) but the tick box practice is so well known I'm surprised they have the gall to refuse people what is rightfully theirs! I've quote FSA rules to them as well as making sure a copy of the letter/email goes to their respective CEOs!

[Quasar]

Re: Canada Square & MBNA CRP/PPI Rejection

Hi Bug,

My partner had a lot of fobbing off issues with Canada Square re her EGG loan.
They wanted marriage cert, driving lic. and proof of address ( even though they have been writing back and forth )

we sent off marriage cert - they say its a copy - yes a CERTIFIED copy direct from a .gov website.
and for the driv.lic, they said could not read, it, well a postmistress read it clearly and signed it.,

I told my partner to email the CEO in USA and 2 days later a guy called Danny bent over back wards and an offer was made, with no further information needed.

Good Luck