MBNA and Ombudsman

bird78_2

Hi - I had a credit card with MBNA from 1998 to 2006 when I transferred to a better card and closed the account. I have launched a PPI claim against MNBA but they have refused it stating I didn't provide proof that I could make the repayments if I was out of work, I have now sent this to the ombudsman explaining that I was not aware that I had to provide additional proof, I was in full time, permanent work that did pay sick pay.
Is this a normal response from MBNA - can't find any reference to it on here, do you think the Ombudsman will reject it too or do I have a case?
thanks

dunstonh

I have launched a PPI claim against MNBA but they have refused it stating I didn't provide proof that I could make the repayments if I was out of work

if your complaint was that you didnt need it as you had sufficient provision then asking you for proof is allowed.

I have now sent this to the ombudsman explaining that I was not aware that I had to provide additional proof, I was in full time, permanent work that did pay sick pay.

The FOS will ask for proof seeing as you are reluctant to show it. It makes it look like you have something to hide.

do you think the Ombudsman will reject it too or do I have a case?

Depends on what your reason for complaint is and what proof you have.

bird78_2

sorry - I don't mind providing proof at all, should I have sent it with my claim to MBNA or the ombudsman? I didn't know I had to do this and would of sent it all over if I did, thanks for your help

dunstonh

should I have sent it with my claim to MBNA or the ombudsman?

If MBNA have asked for it then supply it to them. No point going to the FOS if you have not complied with the request. It just adds a delay of 3-18 months to the process.

I didn't know I had to do this and would of sent it all over if I did,

You dont always. Some providers will take your word for it. Others look at your occupation and make a decision (e.g. if public sector they may assume you have good sick pay. If private sector they may ask). Also, if they have had a glut of try-it-on/fraudulent complaints, they may start asking for evidence in those areas to try and weed out those trying it on.

bird78_2

thank you - MBNA didn't ask for it, the first time it was mentioned at all was when they refused my claim said that I didn't provide it but I am unsure when I am supposed to have provided it?
What proof should it be - would it be a letter from my previous employer or my contract of employment?

dunstonh

They should have asked you really. Refusing it without checking first is naughty.

I would ask them what proof they want. A letter from the employer, a copy of the contract of employment or if public sector, just naming the employer should be fine.

bird78_2

is it too late to do this as I have already sent it to the ombudsman? thank you for all of your help!!

dunstonh

They still get another chance to settle before it is allocated to an adjudicator. So, contact them and see if they will accept your evidence. If they dont then you can always let the adjudicator know that they ignored your evidence (makes you look more credible and that is important).

magpiecottage

A couple of issues with this. The first is that I am not sure that MBNA was ever a member of the Office of the Banking Ombudsman. If not then FOS will have no jurisdiction over a 1998 sale.

The second is that fact that you were in full time work simply means that you could afford the loan at the time. It has no bearing on whether you would be able to if you lost your job or if you fell ill.

You also give no details of what you would get if you were sick. Almost any employee is entitled to sick pay but it may only be Statutory Sick Pay, which is quite meagre.