MBNA reject claim/complaint. Is is better to go to Ombudsman or appeal back to MBNA

maxieftm

Hi,

First time user so apologies if this is a repeat question. I've tried the forum search but cant make any headway (that might be me though!).

My wife received an unsolicited letter from MBNA (she has a credit card and has for a number of years) stating she may have had PPI. She wasn't aware of any but filled out their forms stating the normal info and stressing her lack of awareness of any PPI (she worked in insurance at the time so wouldn't have knowingly taken out PPI - we didn't need it).

Long story short, MBNA have returned their verdict and stated that they are not upholding complaint. they have stated:
- she was eligible
- was provided sufficient info at the time(!!!)
- was made aware it was optional (she didn't even know she had it)
- we weren't disadvantaged by it (well she ended up paying it !!)


they then go into more detailed factors saying she must have known about it as it was taken on the same day and it required a box to be ticked, stating that she could have cancelled at any time, they aren't convinced that at the time we couldn't have sufficient means to support ourselves without it (not sure how theyd know that!??).

I suppose what im asking is, do we have a leg to stand on, a cause to continue with the complaint and how?

they suggest we contact the ombudsman within 6 months.

Im not sure what the best course of action would be.

could anyone advise or point my in the direction of where this could be found (if its been done to death on the forum? )

thanks very much

Sarros

You can't go back to MBNA as this response is probably their final response. If you disagree with their decision you now have to go to the FOS. You have 6 months from the date of the final decision letter to do this, please be aware this is a strict deadline and also that the process of having FOS look at your complaint is lengthy typically 18 months sometimes longer.

[Deleted User]

It's very hard to argue that your wife knew nothing about the PPI since it would have appeared on every monthly statement when the card had a balance.
Failing to check statements is not a mis-selling complaint.

In addition, MBNA didn't write to say she "may" have had PPI. They wrote to her to invite her to complain if she felt the PPI they already knew she had was mis-sold.

MBNA have stated that they have documentary evidence that your wife did indeed know about the PPI at the time of her application, which suggests she has simply forgotten about it.
Contrary to what Claims Companies say, PPI was not just randomly added without the knowledge and permission of the customer. This makes your complaint (such as it was) very weak and easy for the Bank to defend.

You are entitled to refer your complaint to FOS, but the process takes in excess of eighteen months and the Ombudsman could very easily side with the Bank unless other faults with the sale of your PPI can be found.

societys_child

As above ^ and bear in mind that if your wife paid the balance off each month, it would not appear on the monthly statement as there wouldn't be any ppi charge added.