ppi claim rejected in 2009, is it worth another go

simon1111

Morning all, thanks to this great site i successfully claimed back my bank charges at the start of 2009.However at the time mbna declined my claim for a ppi refund as the time frame was 2001 - 2007 and the reason they gave was it was past six years and that i had agreed to the ppi over the telephone and they had no records.They ended all communications with me about it after that.I am now wondering some five years on if it is worth another go? Any help much appreciated:beer:

dunstonh

Why do you think that a complaint in 2014 would find records that could not be found 5 years earlier in 2009?

simon1111

Thanks for the reply, well it really rankled with me at the time and it was a obvious cop out , to just claim no evidence and then write to say they would not discuss it further.Didnt really answer my complaint really.


Since then things appear to have changed with rulings against the banks etc in the meantime.So I wondered if it would be worth trying again

dunstonh

well it really rankled with me at the time and it was a obvious cop out

It isnt really a cop out. A complaint is an allegation of wrongdoing. There is nothing wrong with having the product. It is the sale of the product you are complaining about.

The regulator recommend that records are held for 6 years. Some will hold longer. S Some will periodically cull records rather than continuously ( which can extend the period a little) whilst others have a rolling automated destruction.

to just claim no evidence and then write to say they would not discuss it further.Didnt really answer my complaint really.

It does if there is no record of you paying it.

Since then things appear to have changed with rulings against the banks etc in the meantime.So I wondered if it would be worth trying again

There has been one ruling against the banks and that was effectively whether the regulator had the powers to retrospectively apply rules that did not exist in the year of the sale. That ruling would have changed the success rates on complaints (lowered them significantly).

Best thing for you to do is spend £10 and do a data subject access request with MBNA and that will show you what they have. If they supply you information then you know they gave you the wrong response and they would have to re-open the complaint. Alternatively, if you have the information (such as all of your statements) they are required to use copies from you if they no longer hold records.

simon1111

Thanks very much , good advice