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unable to uphold your complaint or issue a refund..

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  • Has anyone ever had a situation where the Bank/lender has been "caught out" in this way?

    Nope, none to my recollection and can't say i've noticed any case studies on the FOS website that would suggest that that would happen
    Also for example, did the bank disclose the commission they would receive as an introducer for the PPI? Was this included in the 'pop up' info?

    Nothing to say that they had to.
    We've spent decades teaching people about their rights, but nothing about their responsibilities.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    tifo wrote: »
    did the bank disclose the commission they would receive as an introducer for the PPI? Was this included in the 'pop up' info?
    This is not a reason for mis-sale??
  • magpiecottage
    magpiecottage Posts: 9,241 Forumite
    1,000 Posts Combo Breaker
    tifo wrote: »
    Also for example, did the bank disclose the commission they would receive as an introducer for the PPI? Was this included in the 'pop up' info?

    That is not a reason for a missale in this instance.

    Very occasionally it might be if you pay an intermediary to arrange a product and it is paid an undisclosed commission it might be (the Law has various nuances around this). In this instance, though, the bank has (presumably) introduced the business to organisation and you have not paid any kind of fee for it to do so. In these circumstances the Law takes the view that a reasonable person would suppose that a commission was being paid.
  • misschicken
    misschicken Posts: 316 Forumite
    I don't think there's any obligation for disclosure of commission on a non-advised sale like this. And this is only relevant and would only be addressed by the bank in their response if non-disclosure of commission was the reason given for complaint.

    Only the OP knows what the reason they gave for their complaint was and whether the bank has addressed it and accurately described the on line application. If this was more of a generalised complaint as in 'I thought I had to have it' then it's going to be up to the OP to show why they thought that and how it was presented to them, not the bank.
  • jack8157
    jack8157 Posts: 12 Forumite
    There is some posts on here that have had the same reply as ninja. Individuals have challenged MBNA and their final response letter, resulting in MBNA not being able to provide documentry proof of the ticky box and the T + C's in the seperate screen. They have subsequently paid out.
  • tifo
    tifo Posts: 2,107 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    jack8157 wrote: »
    Individuals have challenged MBNA and their final response letter, resulting in MBNA not being able to provide documentry proof of the ticky box and the T + C's in the seperate screen. They have subsequently paid out.

    I've heard of others but this bank stands out because they administer so many different cards.
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