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    • Raineb
    • By Raineb 11th Oct 17, 1:43 PM
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    Raineb
    Mis-selling rejection from MBNA
    • #1
    • 11th Oct 17, 1:43 PM
    Mis-selling rejection from MBNA 11th Oct 17 at 1:43 PM
    Hi- hoping for some advice please...I have received a small payment from MBNA for the interest element of a PPI claim, but they have rejected my claim for mis-selling saying that they wrote to me a couple of years ago and as I did not reply then I cannot persue my claim for this. This doesn't seem right to me, has anyone else had similar and /or what redress do I have? I was self employed at the time so was deifinitely mis-sold!! Any advice gratefully received.
Page 1
    • IAmWales
    • By IAmWales 11th Oct 17, 1:48 PM
    • 1,820 Posts
    • 3,783 Thanks
    IAmWales
    • #2
    • 11th Oct 17, 1:48 PM
    • #2
    • 11th Oct 17, 1:48 PM
    That's correct. If they wrote to you some years ago your complaint will now be time barred.

    Some policies did cover self employment, so there's no definitely about your complaint.
    • dunstonh
    • By dunstonh 11th Oct 17, 2:06 PM
    • 89,845 Posts
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    dunstonh
    • #3
    • 11th Oct 17, 2:06 PM
    • #3
    • 11th Oct 17, 2:06 PM
    . This doesn't seem right to me,
    It is right. MBNA are known to have started the CCL timebarring process more than 3 years ago.

    has anyone else had similar
    yes they have.

    and /or what redress do I have?
    None.

    I was self employed at the time so was deifinitely mis-sold!!
    Maybe not. Many PPI plans covered the self employed. I have looked at some FOS decisions on MBNA and self employment and they verify that they did cover the self employed:
    example: http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=110519
    even if I was to find that Mr L was selfemployed
    at the time of sale this wouldn’t make a difference to the outcome of this decision.
    I say this because having looked at the conditions that applied to self-employed consumers
    at the time, they didn’t require Mr L to do anything differently than an employed consumer
    when claiming for unemployment. So whether Mr L was employed or self-employed at the
    time of sale I don’t think being given more information about the terms and conditions of the
    policy would’ve stopped him from taking it out.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • Raineb
    • By Raineb 11th Oct 17, 4:04 PM
    • 3 Posts
    • 2 Thanks
    Raineb
    • #4
    • 11th Oct 17, 4:04 PM
    • #4
    • 11th Oct 17, 4:04 PM
    Gosh, thanks for the quick and informative replies you two! Well I've learnt a lot in one fell swoop. Onwards and upwards with my other claims - at least I know to write this one off and learn to investigate as soon as I get mail in future. Gutted though
    • Matt3
    • By Matt3 11th Oct 17, 4:45 PM
    • 4 Posts
    • 0 Thanks
    Matt3
    • #5
    • 11th Oct 17, 4:45 PM
    • #5
    • 11th Oct 17, 4:45 PM
    I have just been through the process of a complaint with MBNA. They initially said that I was time barred and that they sent a letter in 2013.

    After writing to the claims department and their CEO (or his assistant, or his assistants assistant!) directly explaining that I had not received a letter, and that I had a number of personal things to deal with during the time the letter gave me, they investigated my claim.

    The claim was upheld, but as I had claimed on the policy the reimbursement was nil. However I can only say they were very helpful and dealt with my claim quickly and easily.
    • Nearlyold
    • By Nearlyold 11th Oct 17, 4:52 PM
    • 984 Posts
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    Nearlyold
    • #6
    • 11th Oct 17, 4:52 PM
    • #6
    • 11th Oct 17, 4:52 PM
    The claim was upheld, but as I had claimed on the policy the reimbursement was nil. However I can only say they were very helpful and dealt with my claim quickly and easily.
    Originally posted by Matt3
    As you had made a successful PPI insurance claim (in the correct sense of the word) previously I'm a little curious as to your complaint reasons.
    • dunstonh
    • By dunstonh 11th Oct 17, 5:52 PM
    • 89,845 Posts
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    dunstonh
    • #7
    • 11th Oct 17, 5:52 PM
    • #7
    • 11th Oct 17, 5:52 PM
    The claim was upheld, but as I had claimed on the policy the reimbursement was nil. However I can only say they were very helpful and dealt with my claim quickly and easily.
    That looks like a stats uphold the decision. i.e. they knew there was no amount payable so it became an uphold to help their stats. So, no point trying to argue something that isnt going to cost them if they uphold it.

    It is possible to argue the timebar if the address was wrong or you had a serious event that prevented you from raising the complaint.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • Moneyineptitude
    • By Moneyineptitude 11th Oct 17, 10:22 PM
    • 18,873 Posts
    • 10,111 Thanks
    Moneyineptitude
    • #8
    • 11th Oct 17, 10:22 PM
    • #8
    • 11th Oct 17, 10:22 PM
    After writing to the claims department and their CEO directly explaining that I had not received a letter, and that I had a number of personal things to deal with during the time the letter gave me, they investigated my claim.

    The claim was upheld, but as I had claimed on the policy the reimbursement was nil. However I can only say they were very helpful and dealt with my claim quickly and easily.
    Originally posted by Matt3
    You...complained..about..a..PPI... Policy.. that...you..had...claimed.. on!

    I'm certain they did deal with your (non) complaint very "quickly and easily"

    Why on earth did you involve the CEO when you had already claimed on the insurance? Did you really believe they'd refund?
    • Matt3
    • By Matt3 12th Oct 17, 9:23 AM
    • 4 Posts
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    Matt3
    • #9
    • 12th Oct 17, 9:23 AM
    • #9
    • 12th Oct 17, 9:23 AM
    Without wanting to hijack the original OPs thread, I have tried to answer the questions below.

    I just wanted to give the OP an example to show that they are willing to over turn the time bar in some cases. I wouldn't have thought they would have worked out that I wasn't owed any redress before then time barring my complaint.

    As you had made a successful PPI insurance claim (in the correct sense of the word) previously I'm a little curious as to your complaint reasons.
    I was advised that my application would be more likely to be accepted if it was applied to the account. I was young and not particularly financially astute with not the best credit history. One of the weakest arguments I know, but that was my reason.

    That looks like a stats uphold the decision
    I came to the same conclusion. I can be satisfied that it was investigated though and that they bypassed the time bar.

    You...complained..about..a..PPI... Policy.. that...you..had...claimed.. on!
    Yes I did as I believed it was mis-sold.

    Why on earth did you involve the CEO when you had already claimed on the insurance? Did you really believe they'd refund?
    I wanted my claim for mis-selling to be investigated properly and they time barred me. I didn't receive the letter from them that they said they sent in 2013, if I had I would've filled it in at the time.
    I didn't know if they would refund, however, if my claim on the ppi had been less than the amount calculated for redress then surely a payment would be due. Without trying I wouldn't know.

    Sorry again to the OP for hijacking the thread!
    • Raineb
    • By Raineb 12th Oct 17, 1:19 PM
    • 3 Posts
    • 2 Thanks
    Raineb
    That's OK Matt3, it's all useful info and might well be worth a try - I don't like to leave any stone unturned. It was still mis-sold in my opinion (taking into account the comments above re self employment) and therefore going to give it a go. Watch this space....
    • Moneyineptitude
    • By Moneyineptitude 12th Oct 17, 2:06 PM
    • 18,873 Posts
    • 10,111 Thanks
    Moneyineptitude
    therefore going to give it a go.
    Originally posted by Raineb
    The complaint process is that you now refer your complaint to the Ombudsman. The other respondent here wrote to the "CEO", but that is not a guaranteed or recommended course of action.

    If your time-bar has been correctly applied, the bank are under no obligation to lift it and the Ombudsman has no power to overturn it.

    The other respondent's case was obviously only "considered" because he was never in line for a refund in the first place, having actually claimed on the insurance.
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