MBNA PPI Upheld but nothing !!

[toantaax]

Hi All

Some advice please

I put in an MBNA PPI claim back in April 2011, after some months I Finally got a response turning down my claim. I moved on the next stage and put my complaint into the FOS, a year later and I have now received a letter upholding my complaint.

The FOS sent a letter to MBNA on 25th Sep 2012 suggesting they should uphold my complaint and that they have till 16th October to reply. On November 2nd I had heard nothing, so I contacted FOS who explained there is no time limits for MBNA to reply so I should call them directly.

I called MBNA on the 2nd November who told me it was with the regulatory department and I will get a call back with 48hrs, I called again on the 6th having not heard anything and was told 48hrs again, I called them again on the 9th still not hearing anything, this time told to call back in 2 weeks. I have called them again today (23rd) and been given no time frame at all..just wait.

I then called the FOS to advice on the delay (fob off) and been advised there is no time scales, so MBNA can effectively take as long as they like, if at all.

So the advice I am seeking is where to go next ? it doesn't seem right that the FOS can uphold a complaint and then there be no time scales on the PPI provider to uphold that complaint.


Many thanks in advance

[Hurricane Puffrose]

Re: MBNA PPI Upheld but nothing !!

BUMPED for experts

[Bill-K]

Re: MBNA PPI Upheld but nothing !!

Hi toantaax and welcome to you. Apologies for the delay in replying, but this looks like it may become a trend, as the lenders are becoming increasingly obstructive. They seem to be doing all they can to delay paying out on claims. I haven't had to deal with this aspect of FOS procedure as yet, but I suspect I might have to check it out. The understanding I have of this so far is that - once the FOS has upheld a complaint and issued its decision to the lender (and the complainant is happy with that decision, of course) - then that is the extent of their enforcement duty.

If the lender does not then comply with the FOS's decision/direction, then it can be enforced legally - BUT I believe it is the claimant who has to take the lender to court to have the FOS decision legally enforced. I daresay the FOS has the power to do do this, but not the resources - so they cannot say 'no we can't' - but they can put that enforcement off indefinitely.

I will try and find out more about this.

[Bill-K]

Re: MBNA PPI Upheld but nothing !!

Hi again. Admin have given me the OK to post a link to a thread in the MSE forum. This is started by a guy I have known for some time, and he has a similar problem - along with another person he is helping in yet another forum. He is considering a 'Group Action,' to test if this FOS ruling can actually be enforced by a court. He is a knowledgable forum contributor. I hope he can help:

http://forums.moneysavingexpert.com/....php?t=4324393