mbna fob off ???

bauble49

Hi,
Like others i'm after a little advice please, bit of a long story but i'll try and keep it short..........

My other half was sent a ppi claim form out of the blue by mbna in May, she hadn't contacted them in any way, basically saying that they thought that they might have mis-sold her ppi on a Virgin credit card.
After filling out the form and sending it back she was phoned up and asked a few more questions that she found quite hard to answer in detail as the card in question was issued 4 or 5 years ago.
She has just received a letter with the following points :
1. Card taken out 14th Feb 2009.
2. PPI sold over the phone 26th Feb 2009. (pressurised into accepting)
3. We believe the sale was made on a non-advised basis.
4. There was a 30 day cancellation period.
5. You were sent a policy summary and full policy terms and condition letter after the call.
6. You consented to having the ppi added during a telephone call on 26th Feb 2006. (she can't remember this)
7. You received statements that showed ppi being charged to your account.
8. Even though you said that your parents could be relied on to meet payments in the event you were unable to work you were unable to provide details of family members savings and outgoings. I am therefore not persuaded that this would have been the case. (so she's basically being accused of lying, why should she give parents details, even if she knew then ??)

The letter ends 'In conclusion, I regret to inform you that I am unable to uphold your complaint. This is our final response'.

Is this acceptable or is there anything she can do about this ??

Many thanks.

-taff

She can forward her complaint ot eh FOS but she can expect the same outcome if she can't show she didn't need it, which is what she did by saying her parents could cover it and then not giving them details to prove this was the case.

dunstonh

Is this acceptable or is there anything she can do about this ??

If she disagrees with the response then she can complain to the FOS and supply copies of any evidence she has to support her allegations.

on point 8, parental support is rarely considered. She is not being accused of telling lies. Although that is a possibility. You cannot just say things without the evidence supporting that. No evidence usually means rejection on that particular point.

why should she give parents details, even if she knew then ??)

The onus is on the one making the allegation to provide the evidence.

Insider101

bauble49 wrote: »

Hi,
Like others i'm after a little advice please, bit of a long story but i'll try and keep it short..........

My other half was sent a ppi claim form out of the blue by mbna in May, she hadn't contacted them in any way, basically saying that they thought that they might have mis-sold her ppi on a Virgin credit card.
After filling out the form and sending it back she was phoned up and asked a few more questions that she found quite hard to answer in detail as the card in question was issued 4 or 5 years ago.
She has just received a letter with the following points :
1. Card taken out 14th Feb 2009.
2. PPI sold over the phone 26th Feb 2009. (pressurised into accepting)
3. We believe the sale was made on a non-advised basis.
4. There was a 30 day cancellation period.
5. You were sent a policy summary and full policy terms and condition letter after the call.
6. You consented to having the ppi added during a telephone call on 26th Feb 2006. (she can't remember this)
7. You received statements that showed ppi being charged to your account.
8. Even though you said that your parents could be relied on to meet payments in the event you were unable to work you were unable to provide details of family members savings and outgoings. I am therefore not persuaded that this would have been the case. (so she's basically being accused of lying, why should she give parents details, even if she knew then ??)

The letter ends 'In conclusion, I regret to inform you that I am unable to uphold your complaint. This is our final response'.

Is this acceptable or is there anything she can do about this ??

Many thanks.

Depends. What was the basis of her complaint? Until we know that we're guessing a bit

As regards the whole thing about her parents paying off the card that is not generally accepted as a valid argument by FOS. She presumably doesn't have an undertaking in writing that they would do that? Plus the whole point of insurance is to cover financial loss arising from a misfortune. If she had lost her job for example her parents would have suffered financial loss as they would have had to bail her out. Hence there is considered to be a need for the cover.

bauble49

Looks like its not worth proceeding with this, just one other point though, not only was the payments guaranteed by her parents if she was unable to pay for whatever reason but she would still be paid by work so there was no real worry about payments.

Thanks anyway for the clarification, this site always comes up trumps