MBNA/RBS advanta

caroc

Dear MSE'ers

I have just started looking into claiming PPI for my OH. He has been paying PPI since 2001 on a mint /RBS Advanta Card . We have just received a copy of the original agreement from mint after paying our £1. On the form are 2 tick box questions:

1) Payment protection
2) Card protection

Dear OH has clearly ticked the card protection box
Dear OH has clearly NOT ticked the payment protection box.

So before we even go into the realms of mis sold PPI, it would appear that they have taken PPI without him ever having assented to it. Now my next move would be to write to mint and ask them why they charged for PPI when he did not tick the box. I suspect he forgot what boxes he had ticked and then was not surprised to see the withdrawals for PPI. Has anyone had this experience where the company have actually taken money where it was not agreed in the first place ?

-taff

they will probably come back with it was sold at a later date over the phone.
what's your repsonse to that?

caroc

Don't know yet - have they got form for saying this sort of thing ?

-taff

Fill in the standard questionnaire form

caroc

Update on the above first post:

I wrote to MINT/MBNA/RBS whatever they are called asking why they have charged for PPI when in the first place it was never agreed to.
I have now received a letter offering a full refund of the last 6 years premiums of £165.81. Now I can understand the 6 year limit on PPI for mis selling, but in this case, it was never agreed to in the first place and we have the proof. So I am thinking of demanding a refund of all 12 years premiums and a sum of compensation.
What is amusing is that the letter not only offers no explanation as to why the PPI was deducted (or stolen) from a bank account, but states as a 'gesture of goodwill and without any admission of liability' they will refund some premiums, like they're doing us a favour when they have clearly taken money from a bank account without authority. If I took money from someone's bank account without their authority, I would be a thief and liable to prosecution !
Anyway, has anyone had this occur to them and is it worth asking for the 12years whole amount and compo.

-taff

They didn't uphold your complaint, they offered you a goodwill payment, and they can offer you whatever they want to, they do not have to give you all your premiums back, or any interest, or anything really.
They would have said that they sold the PPI over the phone to him when the card was activated, so how are you going to argue against that?
Your choices are
argue about it with them and get nowhere
send your complaint to the FOS
accept the goodwill offer

DevCoder

You will also get nowhere with "compo" (god I hate that word). At most if your complaint is upheld by the FOS and then Mint don't contest it (which I think they will), then you'd be offered the premiums back. They don't have to offer anything else.

Personally id take the offer.

caroc

Thanks for your suggestions, and sorry if I used the word 'compo' I have not actually made a complaint or filled out any forms or questionnares. I have sent them 2 letters. One asked for a photocopy of the agreement and the second one asked why the payments were taken when the box was not ticked. They have not suggested that indeed later on a telephone agreement was made. If they were going to say that then why would they make an offer ? Here is the relevant part of the letter.

''You will be pleased to know that I have now finished my review into the concerns that you raised about your PPI Policy. Your concerns are important to us.
In the circumstances , and given the amount of time that has passed since you made your complaint, as a gesture of goodwill and without any admission of liability, the Bank is prepared to make you the offer detailed below.

My offer

We are willing to make you an offer of £165.81. For more information as to how this figure has been determined, please see the enclosed offer form. If there are any other factors you think we should take into account please let us know.
Interest will be paid gross or net of the lower rate of Income tax depending on you tax position
The money will be sent to you by way of a cheque
As you have made a complaint about the way in which the policy was sold to you, please be aware if the PPIP on your Credit card is still active this will be cancelled once you have accepted the offer. This will result in you no longer being eligible for the benefits provided by the policy.

The letter goes on to suggest referring to FOS if not satisfied etc.
I will decide what to do as I think not answering my question and them asking about other factors to take into account are food for thought. I can at least ask for repayment of all the premiums. Will keep you posted.

meer53

Bear in mind that if your complaint goes to the FOS, you'll probably have to wait about 12 months for a response. My sister in law has been waiting 18 months so far, not with MBNA, but the backlogs with the FOS are huge.

[Deleted User]

caroc wrote: »

I have not actually made a complaint

I'm afraid the Bank have responded as if you have made a complaint.You have received a "full and final" response. So I'm afraid you cannot say you haven't made a complaint.

caroc wrote: »

They have not suggested that indeed later on a telephone agreement was made. If they were going to say that then why would they make an offer ?

They have made the offer precisely because they have not investigated your (non) complaint.
The other posters were simply telling you what the Bank's response to your (non) complaint would have been should the Bank have conducted a proper examination of your concerns.

caroc wrote: »

The letter goes on to suggest referring to FOS if not satisfied etc.

Just another indication that this is their "full and final" response.

caroc wrote: »

I will decide what to do as I think not answering my question and them asking about other factors to take into account are food for thought. I can at least ask for repayment of all the premiums.

The next stage of your (non) complaint is to refer it to the Ombudsman if you remain dissatisfied. Writing back to the Bank after their full and final will, at best, be responded to with a reiteration of their original offer.

FOS referrals are currently taking a year or more with no guarantee of success and the Bank can elect to withdraw their goodwill offer.
http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance#step4

caroc

OK final post on this thread, offer accepted, cheque received and paid into bank. Thanks for help and hope this helps others.