MBNA offer advice needed please!

sab_100

Hi there,

My husband wrote off to MBNA to ask for his application details and also if there were PPI payments on the account, then he would like them back as he did not ask for it. So far he has had 2 offers from MBNA, the first was £500 but then he asked for a breakdown of the PPI payments which they quite promptly sent him. Also in the letter was a copy of the screen dump from the online application which had "yes" in the box stating PPI. The policy details were then sent out at the time of applying and were signed and sent back. Now, my husband said that he can not remember ticking a box at all and also on the policy t's and c's that were sent stating the 30 day cooling off period. The boxes that stated yes or noagreeing to PPC were not ticked at all. The data protection agreement part was not signed either. They had sent the breakdown of PPi which said-
Items due back to customer:
PPC Refund £2270.65
Contarct Interest £148.18
8% Interest on PPC £748.01

Total due back to customer £3166.84


So when my husband got this letter with the breakdown he rang them, they have offered £1500 as they say that he must have ticked the box requesting PPI and are disregarding the fact that on the copy that he had to sign he did not tick the PPI request box. They stated that this was a more than generous offer and would send a letter out confirming this as they would class this as their final response. They have stated that in the letter as they said.
Is my husband right to refuse the offer or should he take it? Should he write back to them or go to the FOS????
Any advice would be ever so appreciated!

di3004

sab_100 wrote: »

Hi there,

My husband wrote off to MBNA to ask for his application details and also if there were PPI payments on the account, then he would like them back as he did not ask for it. So far he has had 2 offers from MBNA, the first was £500 but then he asked for a breakdown of the PPI payments which they quite promptly sent him. Also in the letter was a copy of the screen dump from the online application which had "yes" in the box stating PPI. The policy details were then sent out at the time of applying and were signed and sent back. Now, my husband said that he can not remember ticking a box at all and also on the policy t's and c's that were sent stating the 30 day cooling off period. The boxes that stated yes or noagreeing to PPC were not ticked at all. The data protection agreement part was not signed either. They had sent the breakdown of PPi which said-
Items due back to customer:
PPC Refund £2270.65
Contarct Interest £148.18
8% Interest on PPC £748.01

Total due back to customer £3166.84


So when my husband got this letter with the breakdown he rang them, they have offered £1500 as they say that he must have ticked the box requesting PPI and are disregarding the fact that on the copy that he had to sign he did not tick the PPI request box. They stated that this was a more than generous offer and would send a letter out confirming this as they would class this as their final response. They have stated that in the letter as they said.
Is my husband right to refuse the offer or should he take it? Should he write back to them or go to the FOS????
Any advice would be ever so appreciated!

Hi there
Hope your well.

Sorry if I have mis read on this but did they change the offer from £3166.84 to £1.500?

If so did your hubby mention on the phone to them about the letter he received of the £3166 offer?
Again sorry if I have mis read on this as I can also see they made a smaller offer of £500.

In regards of the ticking of the ppi on the agreement application, it may have been they automated the tick or cross for this and you could argue on that if you decided to go to the FOS.
This is basically a standard response - the main of them come out with.

sab_100

Hiya di3004,
The first offer was for £500 so he asked for the paperwork and in the paperwork it stated the breakdown as listed above, however I really dont think that they were meant to have sent their copy out to us with their breakdown too! He did ask why the letter states the higher offer and asked why they would now only offer 1500. The guy on the phone said that the paperwork that had the breakdown on did not constitute an offer and they would only agree to 1500. He did ask if the box was a tick or untick box and they guy basically told him that he should have read it and looked properly. He asked the guy why it was still applied to the card when the box on the t's and c's agreement were not ticked and he was told that it was irrelevant as it was ticked on the online application!
Sorry its a bit longwinded but thank you for helping!
What do you think he should do?

di3004

sab_100 wrote: »

Hiya di3004,
The first offer was for £500 so he asked for the paperwork and in the paperwork it stated the breakdown as listed above, however I really dont think that they were meant to have sent their copy out to us with their breakdown too! He did ask why the letter states the higher offer and asked why they would now only offer 1500. The guy on the phone said that the paperwork that had the breakdown on did not constitute an offer and they would only agree to 1500. He did ask if the box was a tick or untick box and they guy basically told him that he should have read it and looked properly. He asked the guy why it was still applied to the card when the box on the t's and c's agreement were not ticked and he was told that it was irrelevant as it was ticked on the online application!
Sorry its a bit longwinded but thank you for helping!
What do you think he should do?

Hi hun

Arh right I'm with you now.

Something not right with this is it?

Did you also request for a Subject access Request for your account?
If not it maybe useful to do so, they have 40 days to send all they hold on the account, which "may" help your case and even support this, if you do decide to go to the FOS.

If they are not willing to reconsider, even though they confirmed it was the final response, you could still actually write back to ask if they would do this for you as you feel this have not been investigated thoroughly.

We received a final decision from LLoyds in Jan with an offer, I wrote back and asked if they would still reconsider as for the same reason as stated above paragraph and felt they missed some issues where the FOS would definately take this into account if it went to them.
So despite that being final they did agree to take another look and overturned the decision for a more favourable response.
I did only give them 14 days to let me know though (so we would know then to go ahead with the FOS or not).

It may be worth a try and if you don't hear anything by 14 days (say working days) then move on to the FOS and enclose all copies of correspondence including the breakdown.

sab_100

Hiya di3004,

thanks ever so much! It doesnt seem right does it? As I say they didnt realise that they had actually sent out the last page of the breakdown with that info on. I think I will help him write a letter tomorrow and ask them to reconsider. Still waiting to hear from FP so will keep everyone posted!

di3004

sab_100 wrote: »

Hiya di3004,

thanks ever so much! It doesnt seem right does it? As I say they didnt realise that they had actually sent out the last page of the breakdown with that info on. I think I will help him write a letter tomorrow and ask them to reconsider. Still waiting to hear from FP so will keep everyone posted!

I think it would be a good idea to maybe send them a (photocopy) and not the original with the letter and tell them you believe they made a mistake on the offer of £1.5K, tell them due to this you will be deprived of your money.
Also mention if they do not reconsider you will complain to the FOS and send them all the evidence you have to support your case.

Good luck with this and hope you receive some good news with FP too, fingers crossed.:beer:

donotpassgo_2

Hi Sab_100,

We have successfully reclaimed from MBNA after writing to them with complaint they tried ringing us after speaking to them on the phone and many toing and froings on their part to someone in their office they finally made an offer which we thought was right, I did ask them waht the breakdown of interest was and this seemed menial. I have now complained to the FOS and they are looking in to it for us, however this will take some time.

I would definatley write to them with a copy of their calculation and ask them to reconsider. Good luck.

I have a thread on here somewhere titled "round 2" which has more detail.
keep posting:T