Refused on 1 claim, help on 2nd!

Lanegan75

Hi,

I am just after a little bit of general advise regarding claiming for mis sold PPI. Over the years i have had numerous calls/texts etc saying i'm entitled to claim back PPI i have have taken out. I have always said i am not interested as i have never taken out PPI on any kind of card or loan i have previously had.

I received a letter in June from MBNA saying they have found from their records that i took PPI out from them in 2006 and here is a questionnaire to fill out to possibly claim back any PPI i was mis-sold. I had to call them as this was obviously 7 years ago and have no record of any PPI or even an account number.

After filling everything out and a couple of phone calls later from them requesting further information i have now had a letter back saying a phone call took place 6 days after receiving the credit card from them where i signed up for PPI. Something i would not remember from over 7 years ago. They say it was on monthly statements (which i do not have, again as it was over 7 years ago and the card has been paid off). At the end of the letter is basically says this is the end of the claim and if i have any issues i now need to go through the Financial Ombudsman.

I have spoken with the Ombudsman and am going through the process of the claim via them now.

When i was talking on the phone to MBNA about this claim, they say i am also down as having PPI on a card i took out in 2001. My question is this: Can a claim go back that far? As i've already been knocked back once by them over what they claim was a phone call where i signed up, is there any point me following up another claim from 2001?

I have had various cards/loans in the past where i have always said i am not interested in insurance due to being in a secure job, no sick days from work in over 6 years which made me think there was no need to take PPI. But if they claim i said yes over the phone, something i seriously beg to differ seeing as though i've never taken it out before or since, is it worth pursuing something from 12 years ago when i have no written or verbal proof of anything?

Would it be worth me requesting copies of all documentation for the 2001 claim before i fill a form out again to see what proof they have before i just get knocked back again.

Apologies for the long-windedness of this query but obviously the more ideas i have from fellow claimers etc the better idea i have as to whether this is worth following up if they can just come back and say there will be no refund because you can't recall a phone call you had where you took this insurance out.

Thanks in advance for your patience reading this and hope to get some helpful advise from other people who may have been in this position.

dunstonh

Over the years i have had numerous calls/texts etc saying i'm entitled to claim back PPI i have have taken out.

They are spams just as you get emails on Viagra or some Nigerian prince wanting to send you money.

After filling everything out and a couple of phone calls later from them requesting further information i have now had a letter back saying a phone call took place 6 days after receiving the credit card from them where i signed up for PPI.

That is very common with credit card PPI. Typically sold on the activation phone call.

Something i would not remember from over 7 years ago. They say it was on monthly statements (which i do not have, again as it was over 7 years ago and the card has been paid off). At the end of the letter is basically says this is the end of the claim and if i have any issues i now need to go through the Financial Ombudsman.

Their responses sound logical if your only complaint reasons were verbal unprovable allegations (he said/she said etc). If your complaint was a stronger one (eligibility, financial need etc) then that response doesn't cover it.

When i was talking on the phone to MBNA about this claim, they say i am also down as having PPI on a card i took out in 2001. My question is this: Can a claim go back that far?

You can go back as far as they hold records of payment.

I have had various cards/loans in the past where i have always said i am not interested in insurance due to being in a secure job, no sick days from work in over 6 years which made me think there was no need to take PPI. But if they claim i said yes over the phone, something i seriously beg to differ seeing as though i've never taken it out before or since, is it worth pursuing something from 12 years ago when i have no written or verbal proof of anything?

Unless you are police or a judge, there is no secure job. Illness is not what has gone before but what the unknown ahead is. None of that is good enough as a complaint reason.

Would it be worth me requesting copies of all documentation for the 2001 claim before i fill a form out again to see what proof they have before i just get knocked back again.

How would that aid you?

If your complaint is a weak unprovable verbal allegation type and no other failing is identified, then the FOS will ask for the sales process at the time (if they do not already have it). If they deem it compliant, they will reject your complaint. If they deem it uncompliant they will uphold it. And again, this assumes no other failing or issue identified.

Lanegan75

Many thanks for your reply on this matter.

I think knowing i have had a card or two in between these two cards and also since, i have been of the mind that this is something i've basically said i have not needed or wish to take out based on the fact that i didn't believe at the time that this was something i needed. Obviously we cannot predict a job loss or possible serious illness, i was just basing my argument for never seeming to have been in the position prior to these cards ever losing a job or falling ill warranting time off work.

Now if they come back to the FOS with further documentation proving there was something that i had agreed to or should have seen then that is perfectly fine, at least i know my case is over. It's just now i have been advised of a further PPI i allegedly agreed to i'm wondering whether i should request account information/paperwork etc before i fill out the application form? This way before i fill it in there may be something i see where i agreed to something which would then make it obvious to not press ahead with further form filling.

This way there's no point waiting for a rejection letter and going to the FOS. So if anyone thinks asking for documentation relating to the 2001 account is worthwhile first rather than submitting the application with my arguments as my basis of unknown knowledge of signing up for PPI, then i have an idea of what to do first.

Again, new to all of this so apologies if i'm asking daft questions which should be obvious to me but can't think of a better place to be asking these questions.

Once more, thanks in advance to any replies.

misschicken

If you send them an SAR with £10 they have to provide you with all the records they hold for you. By doing this you would have the records you require as described above. It would also produce the documentation they hold showing when/if you agreed to the policy over the phone for your rejected PPI complaint. They often only have records going back a certain period of time (6 years) but sometimes longer - in your case they've already indicated they do have earlier records if they have documentation showing you took out PPI over the phone seven years ago. If you think it's worth £10 then go for it.

-taff

And you're better off forgetting the 'I didn't know I had it' argument, because it will have been on every single statement with an outstanding amount.
Focus on you didn't need it due to good sick pay, finaincial solvency etc.