Advice please, got MBNA, I think!!

dews

Hi All,

I received a response to SAR (Subject Access Request) from MBNA and it appears that I have been paying PPI on a credit card since I opened the account in Nov 01. On the copy of the application form I have quite clearly ticked no to PPI. I have drafted the following letter:

Re Account no XXXX XXXX XXXX XXXX

Enclosures

1) Copy of signed credit card application form.
2) Copy statement detailing PPI payment.

Dear XXXXXX

Thank you for your response to my Subject Access Request dated 27th August 2008. On reviewing the records you sent I notice that I have been paying Payment Protection Insurance (PPI) since opening the account in November 2001. I also note that on the copy of the original application I have declined the option of PPI by ticking the No box.

Due to an administrative error on your companies part I have unknowingly being paying for a product that I quite clearly did not want. I respectfully request that you correct this error by refunding all PPI payments plus interest your company has charged on these premiums to my account.

If I do not receive a satisfactory response within 10 working days I will be reporting this matter to the Financial Ombudsman Service and the Financial Services Authority.
I will also begin legal proceedings to reclaim the monies owed to me.

Yours faithfully

Is this the way to go? or is there a more suitable template on the site.

Thanks in advance for any replies

jonesMUFCforever

What if you had been persuaded to have PPI after you signed the application eg when activating the card or perhaps if you had done a balance transfer etc?

dews

jonesMUFCforever wrote: »

What if you had been persuaded to have PPI after you signed the application eg when activating the card or perhaps if you had done a balance transfer etc?

I have always said no to PPI when asked, I am very lucky to have bullet proof employment and sickness cover so have never seen the need to take out this sort of cover. So although your question is valid I do not think it applies in my case, please correct me if I am wrong but I believe that as long as I don't claim that MBNA have acted fraudulently then the burden of proof is with them. i.e. they have to prove that I agreed to PPI

jonesMUFCforever

I think you are right unless at that time the system was that you had to opt out rather than opt in.
I see that you had proof as at date of application that you did indeed opt out so over to them I think.

I think to suggest that they acted fraudulently at this stage is a little over the top - after all on each and every statement since 2001 you will have clearly seen the premium charged - some people might reasonably ask why you did not do anything about this sooner?

dews

I have to admit that I am at fault for not checking my statements more carefully. It was only after hearing Martin on a radio show talking about PPI mis-selling that I took a closer look at my statements. I was horrified to find I was paying for PPI and rang them to cancel it immediately.

Is the letter I have copied into my first post OK to send?

jonesMUFCforever

IMO no it is not.
You are issuing threats before giving them a chance of putting things right.

Have you checked the legal position of whether you can claim anything over 6 years back?
How can you say 'unknowingly paid' when its been in front of you for what around 80 statements!