urgent question re PPI reclaiming

cinders13

Ann Robinson said 10 years to reclaim but i thought it was 6 years?? i paid ppi for years on mbna credit card and i had/have medical conditions and should never have been sold it, no one asked about my health. then i went into an iva 5 years ago and paid it off early last year, my question to the forum, is it worth my while claiming? thanks! :T

oakleyboy

Totally worth claiming..... Its your money and they are not allowed to sell you something that you didn't ask for or didnt have the oppertunity to advise them of your health conditions.. GO FOR IT!

magpiecottage

Nobody would have specifically pointed out to you individually what it would and would not cover because you applied for it with the credit card which is typically done online or by post.

(MBNA only operates these ways as far as I am aware).

An insurer can avoid a claim (i.e. refuse to pay it) if you have certain medical conditions that are not disclosed at outset. However, to do this, it must either make clear to you that claims relating to those conditions will not be met or give you an opportunity to disclose them so it can make a decision from the start whether or not to cover them.

Typically, PPI would take the former route. Therefore, if it explained in the documents you signed up to that existing conditions would not, or may not be covered and you did not read the explanation before signing up that would be a mispurchase (your error) rather than a missale (the firm's error).

If, on the other hand they did not explain that existing conditions would not be covered and gave you no opportunity to disclose such conditions, it would be reasonable to conclude that the insurer did not wish to exercise its right to exclude them and consequently a claim would be payable (and enforced by FOS if necessary). In that case, no missale would have occurred.

Consequently, what you have told us does not seem to indicate misselling.

roonaldo

what was said on TV was completely misleading. Credit card PPI are usually non advised sales, which means that suitability is not checked by the lender, they just provide the information so you can make an informed choice.

dunstonh

i had/have medical conditions and should never have been sold it, no one asked about my health.

1 - were you sold it or did you buy it?
2 - Are the medical conditions effectively voiding the policy or just restricting you in those areas?

src007

You should certainly complain. MBNA's policies aren't worth the paper they're written on. :rotfl:

MBNA were a member of an insurance code of conduct at least as far back as 2001. This means they should have taken more care when selling insurance than they usually did.

Don't worry too much about whats put in the letter of complaint, you can use a specific letter or a generalised template letter. The lender should investigate fully either way.

Althought its worth putting something in about the medical condition, making it clear that you had it at the time of the sale.

Good luck.

cinders13

dunstonh wrote: »

1 - were you sold it or did you buy it?
2 - Are the medical conditions effectively voiding the policy or just restricting you in those areas?

dunstonh,

not quite sure what you mean by this. it was all done over the phone, the PPI part, and initially i said no to it but then i was "talked into it", nothing was signed. so i guess i was sold it?

medical conditions were never mentioned to me otherwise i would have declared them. i'm not sure which conditions would make the policy void but one of my illnesses is diabetes? heart? arthritis? i can go on if you need me to lol

i have my account number for the account but dont have a policy number, would that stop me from claiming also?

thanks to you and everyone else who has replied!:T

dunstonh

not quite sure what you mean by this. it was all done over the phone, the PPI part, and initially i said no to it but then i was "talked into it", nothing was signed. so i guess i was sold it?

That is sold. Buying it is where no-one else is involved. There is a greater onus on them to give the right information if it is sold to you. When you buy its more caveat emptor.

medical conditions were never mentioned to me otherwise i would have declared them. i'm not sure which conditions would make the policy void but one of my illnesses is diabetes? heart? arthritis? i can go on if you need me to lol

i have my account number for the account but dont have a policy number, would that stop me from claiming also?

The only way you are going to find out is to ask the insurer if you are covered and give them your health conditions. I suggest you put it in writing so you get a written response. The written response can then be used as evidence in a complaint if they say you are not covered in any way. If they say you would be covered but not in those areas, then that is acceptable.

cinders13

thanks for your prompt reply. i'll give it a try anyway. nothing to lose!!:j

cinders13

posted letter to mbna and they wrote back acknowledging in june saying i would hear from them within 28 days. then in the first week in july i got another letter saying it was taking longer than they anticipated and i would hear from then by 2nd august. i guess all s not lost ad they didnt say no straight away!!! :j

di3004

Good luck Cinders.;)