PPI Claim refused - what next?

Ellagirl

I filled in the MBNA claim form and sent it off stating that I wasnt aware that I had PPI on the account. I didn't have the full details as I haven't had any statements for my old credit card since moving house 4 or 5 years ago and therefore previously didn't think I would be able to claim.

They have now replied stating that the claim is rejected as my claim is out of date as the my card account was opened in 2003 and PPI purchased over the phone 6 months later. They state that I should have been aware of the PPI as I received at least 9 years of statements showing PPI was charged, together with update letters about the PPI and I should have known more than 3 years ago that I had cause for complaint. Obviously I don't remember purchasing this over the phone, and there is no way that I would have phoned them asking to purchase PPI.

Not sure on the next step to take - advice please?

tomtontom

What did you think the separate amount itemised on your statement each month was?

dunstonh

They state that I should have been aware of the PPI as I received at least 9 years of statements showing PPI was charged, together with update letters about the PPI and I should have known more than 3 years ago that I had cause for complaint.

A complaint about stating you are not aware of something has varying degrees of credibility. If you complain within a few months of the event that you were not aware of something then your complaint is quite credible even where there is evidence that suggests otherwise.

However, as time goes on and you get multiple bits of documentation telling you, that excuse about not knowing loses credibility.

in your case, they say you had 9 years of statements. That is over 100 statements showing the entry. However, that is not enough to reject your complaint.

together with update letters about the PPI and I should have known more than 3 years ago that I had cause for complaint.

There is a timebar that allows a firm to reject your complaint as being out of time. This is either 6 years from the start date or 3 years from reasonably aware of an issue (whichever is the longest). They cant use the 6 year rule with PPI but they can use the three year rule. However, it can only be made where there is at least one letter notifying you about the PPI, what it does and that you can stop it. The quality of this letter can be key.

Obviously I don't remember purchasing this over the phone, and there is no way that I would have phoned them asking to purchase PPI.

There is no obviously about not phoning up. We still see posts from people in the insurance section asking how they can purchase PPI. There is nothing wrong with PPI and the issue is not about the product but the sale of the product. What we can say is "obviously" you agreed to have it.

Not sure on the next step to take - advice please?

MBNA have a poor reputation on complaint handling. So, if you disagree with their decision you should refer it to the FOS. Your complaint is very weak but plenty of weak complaint succeed. Usually on other points that were not raised but a failure in those areas were identified. The timebar of 3 years is allowed but having never seen the letter they issued that they are using to activate the time bar, I cant say whether its likely to be acceptable or not.

Nearlyold

OP might also need to think about the little contradiction in her complaint before referring to FOS


During 9 years of receiving statements showing PPI being paid - she wasn't aware she had PPI, but then after 4 to 5 years since the last statement was received she has a light bulb moment and remembers that she had PPI that she didn't know about.

brum1968

I too have had my credit card ppi rejected by Mbna, for the same reasons time and I should have noticed there was ppi on the statements. What I fail to understand is why do mbna operare to different rules, ive had credit cards with ppi refunded on old alliance and leicester and national and provincial cards from thd late nineties.

dunstonh

brum1968 wrote: »

I too have had my credit card ppi rejected by Mbna, for the same reasons time and I should have noticed there was ppi on the statements. What I fail to understand is why do mbna operare to different rules, ive had credit cards with ppi refunded on old alliance and leicester and national and provincial cards from thd late nineties.

They are not operating to different rules. It is unlikely your MBNA card was sold the same way as the A&L and N&P cards. A lot of banks have also auto-paid out on weak complaints. Whereas others take a harder line. Some started timebarring early. Some have yet to start. Some hold good records, others do not. Also, different PPI policies have different T&Cs. As mentioned already, MBNA do not have a good reputation on complaints handling. So, if your complaint is a good one, then continue it to the FOS.

brum1968

I have passed to Fos, like you said I have read about Mbna, and their record. We will see what happens, I have passed all details on to them.

Insider101

dunstonh wrote: »

They are not operating to different rules. It is unlikely your MBNA card was sold the same way as the A&L and N&P cards. A lot of banks have also auto-paid out on weak complaints. Whereas others take a harder line. Some started timebarring early. Some have yet to start. Some hold good records, others do not. Also, different PPI policies have different T&Cs. As mentioned already, MBNA do not have a good reputation on complaints handling. So, if your complaint is a good one, then continue it to the FOS.

This is the correct answer.