Mbna PPI rejection

Options
Chinawhite
Chinawhite Posts: 3 Newbie
in Reclaim PPI & other insurance
I was wondering if anyone had advice or had dealt with a similar case.

I opened an MBNA credit card in 1999. After a few months I became aware that PPI was on the account without my initial knowledge, I cancelled this in 2000. I sent a PPI claim to mbna 2 months ago and my claim has been rejected due to the 3 year rule. They have stated that I should have claimed back to PPI within 3 years of cancelling the policy. However this was prior to the fsa ruling and I was unaware that I was able to complain at that time.

I have referred my case to the FSO but wondered if anyone has had a similar case.

Thanks
«13

Comments

  • dunstonh
    dunstonh Posts: 116,387 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    The timebar seems valid.

    The 3 and 6 year timebar rule is set by the regulator and if applied correctly, the FOS will not be able to overrule it.

    For it to be applied correctly, you have to meet both the 6 year and 3 year rules. Meeting one alone is not enough. So, first thing is whether it is more than 6 years from the sale. The answer is yes at it was 18 years ago. The second thing is whether it is 3 or more years from being reasonably aware of an issue. The answer to that is yes as you cancelled it in 2000. That is 17 years ago.

    So, MBNA do appear to be correctly applying the timebar here.
    However this was prior to the fsa ruling and I was unaware that I was able to complain at that time.
    There has been no FSA ruling. PPI complaints use the same regulated complaints process introduced in 1988.

    You are able to complain about anything in life. You dont need the internet or anyone else to tell you when you can complain or not.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • -taff
    -taff Posts: 14,507 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Options
    If your complaint is rejected by the FOS, you can complain under the Plevin ruling
    Shampoo? No thanks, I'll have real poo...
  • Chinawhite
    Chinawhite Posts: 3 Newbie
    Options
    Thank you for your replies. I had a very similar case with Halifax but they upheld the claim despite the 6 and 3 year rule.
    Looking in the forum it appears that MBNA are pretty tough.
    I will send to FOS and update with an outcome.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Options
    Chinawhite wrote: »
    I will send to FOS and update with an outcome.
    Understand that FOS has no ability to override a properly applied time-bar and that your experience with Halifax is irrelevant. As you say, Halifax could also have applied a time-bar but (for whatever reason) they chose not to.

    It's really not that MBNA are "pretty tough", it's because the sale (and importantly the cancellation) of this insurance was almost two decades ago.

    As -taff says above, you might have better luck seeking a Plevin refund of undisclosed commission.
  • Chinawhite
    Chinawhite Posts: 3 Newbie
    Options
    Could I seek a Plevin refund while my case is with the FOS?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Options
    Chinawhite wrote: »
    Could I seek a Plevin refund while my case is with the FOS?
    No. Since Plevin only applies to rejected complaints, you'd have to withdraw your complaint from FOS first. If it's already with the Ombudsman, you'd be best advised to wait until after it has been adjudicated.
    Do note that a Plevin refund may not be applicable.
  • cjw19
    cjw19 Posts: 1 Newbie
    edited 28 December 2017 at 9:57AM
    Options
    I have also just had the ppi part rejected for the same reason. I didnt know anything about the 3 and 6 rules although Mbna said in the refusal letter that they sent a letter in 2013. Mbna have supplied a telephone number for me to request cancellation of Ppi.

    The have upheld the plevin part of the claim.

    I am also considering referring to the foc. Can anyone advise if this is the next step I should be considering? Thanks
  • -taff
    -taff Posts: 14,507 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Options
    Plevin only applies to rejected complaints.

    If the timebar is valid, the FOS cannot overturn it. If they sent a letter to you, the only way the FOS might look at it is if you can show you didn't receive it, such as you moved house.
    Shampoo? No thanks, I'll have real poo...
  • dunstonh
    dunstonh Posts: 116,387 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Options
    I am also considering referring to the foc. Can anyone advise if this is the next step I should be considering? Thanks

    The FOS cant look at your complaint if it is correctly timebarred. If your addresss is the same as what they used, it is accepted that you would have received it. If it is different, the FOS will usually tell the firm to look at the complaint and disregard the timebar.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • PlagalCadence
    PlagalCadence Posts: 2 Newbie
    Options
    Hi folks

    Newbie here, joined for advice regarding MBNA rejection based on time barring.

    I applied recently to be told I had been sent letters in 2013 also, however I have never seen these letters. I have not lived at the address on a regular basis for many years, staying with colleagues, boyfriends or relatives due to instability with parents at my home address, but have never been so on paper e.g. tenant/ utility bills etc.

    My name is the same as my mother's and she regularly opens my mail, this has been an on-going issue from I started to receive mail - particularly when no Mrs or Miss was in place.

    I am only recently applying as the lady in the bank told me to, when previously an advisor told me I had no chance of getting it back.

    How can people get ancient refunds ànd yet mine is out of date? Or am I being daft?

    Thanks !
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.3K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 248K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards