Mbna money back credit card claim

brj1967

Hi hope this post is in the right section to help people..
I sent a Subject access request for a credit card I had back in 19999
I thought It was a A+L card that had been taken over by Santander Grrrrr. I received the information back which didn't include the credit agreement. 3months after and today I received in the post the agreement, and thought I would share the wording on the agreement as I consider the postal application in this case an advised sell here's why.

In the payment protection plan this is the wording


We strongly recommend that you protect yourself and your family by protecting your monthly repayments against accident sickness unemployment or death.

Then there are two boxes which say

yes please arrange for my repayments to be protected I give authority for the premiums to be debited from my account THE BOX IS ALREADY MARKED WITH A CROSS

the other box states no I dont want my payments to be protected and understand if I am unable to work it is my responsibility to repay the balance of the loan.

I didn't tick either box so because of the pre-ticked box PPI was applied, surely the "We strongly recommend" in the above must surely constitute an advised sale? the agreement was for a money back credit card in the late 1990s hope this may be of use to anyone else who had one.

dunstonh

surely the "We strongly recommend" in the above must surely constitute an advised sale?

No. Indeed, I read an ombudman case just last week with that wording and it changed nothing.

http://ombudsman-decisions.org.uk/viewPDF.aspx?FileID=4666

Logically, if no-one was present to advise you then how do you think it can be advice?

yes please arrange for my repayments to be protected I give authority for the premiums to be debited from my account THE BOX IS ALREADY MARKED WITH A CROSS

It is a paper application and marked already with a cross then how would it be possible to select the alternative?

brj1967

Yes it was a Postal application to opt out you had to tick the other box. so I am just left wondering why a copy of the agreement was sent 3 months after the SAR ?

brj1967

If I decide to pursue a complaint what bearing that I did not mark over the pre-crossed box for PPI or mark the box saying I did not want the PPI if I am honest I probably didn't read the from thoroughly being my first ever credit card and the fact I was young, Yes my fault entirely

dunstonh

The FOS dont like pre ticked boxes. However, that typically only applies to online applications. I dont see how it could work with paper ones as you would effectively have two boxes, both ticked. One saying you wanted it and the other saying you didnt. Is the tick in the box a printed tick or a handwritten tick?

brj1967

The first box there is a typed cross as the agreement is a photocopy I can not tell if it was already on the printed application, but above the box it reads please tick, if you want cover, the other box is blank and above it says please tick if you do not want cover. I did not mark either box

dunstonh

Is the copy you got an original copy of a handwritten form or a reconstituted copy of what was applied for?

brj1967

It is a photocopy of the agreement signed by myself my details were typed I added my partners details by hand which we both signed. the cross would have been existing typed. not sure where I stand as although pre crossed you had to tick a box I did not tick either box

brj1967

sorry it was the original form photocopied

brj1967

actually I applied 14 years ago I can not remember if it was by phone it could have been it was a credit card through my bank A+L or application form, all I know is by not ticking either box I did not say either way . but you can see clearly from the agreement the x in the box was typed

brj1967

Hi does anyone else have any thoughts on looking at the agreement closely I think the agreement stems from a time when banks and cc companies used pre marked boxes on forms you can clearly see from other cross boxes on the form this is different in size to the crosses they types on the agreement