Claim rejected as outside their time limit - what can I do?

TomR1964

MBNA have written to me today rejecting my claim for PPI stating that they wrote a letter to me on 30th April 2013 saying I had three years to communicate my concerns about their sale of PPI to me. I wrote to them on 19th May 2016 making my claim for PPI reimbursement. This was therefore 19 days outside their imposed three year limit, I can't remember ever receiving that letter and I suppose I'm peeved that they are wriggling out of paying their money to me that they took for useless insurance. What can I do?

They suggest taking my claim to the Ombudsman but as the timescale is older than six years they point out that they think s/he won't hear the claim. They are also asking me if there are any special circumstances as to why I ought to have my claim considered outside of their self imposed time scale, and give the possibility that I could write back to them, pleading my case.

Any suggestions please as to what I can do?

Tom

dunstonh

MBNA have written to me today rejecting my claim for PPI stating that they wrote a letter to me on 30th April 2013 saying I had three years to communicate my concerns about their sale of PPI to me. I wrote to them on 19th May 2016 making my claim for PPI reimbursement. This was therefore 19 days outside their imposed three year limit, I can't remember ever receiving that letter and I suppose I'm peeved that they are wriggling out of paying their money to me that they took for useless insurance. What can I do?

You have 6 years from the sale of the product or 3 years from being reasonably aware of an issue to raise a complaint. MBNA wrote to you over three years ago (known as a CCL). These are considered sufficient to start the timebar clock.

If you do not complain within three years of that you are then timebarred from complaint.

hey suggest taking my claim to the Ombudsman but as the timescale is older than six years they point out that they think s/he won't hear the claim

They are required to make you aware of the FOS and also make you aware that they will be applying the timebar. So, unless the FOS feel the timebar has been incorrectly applied, they FOS will not hear the complaint.

The whole point of the CCLs is to trigger the three year timebar.

They are also asking me if there are any special circumstances as to why I ought to have my claim considered outside of their self imposed time scale, and give the possibility that I could write back to them, pleading my case.

Timebars can be overruled if there is sufficient reason as to why you could not raise your complaint during that three year period. However, reasons that are acceptable are typically limited to incapacity (death of family member would cause a short term reason which may work with the 6 month rule but it is highly unlikely to be justifiable for 3 years).

Effectively, you are out of time to complain.

Nasqueron

The 3 year rule is financial regulation, not their "self imposed" rule, they are working to the rule book not wriggling out of anything.

You cannot get around this unless you can provide compelling reasons why you didn't complain in the 3 years since they wrote to you. In the UK a first class letter is deemed as "received" 2 days after posting and obviously they don't have to prove you received it as you could have the letter stuck on your notice board and just say you didn't.

The FOS will check the time bar is being imposed correctly (confirming they have a record of the letter being sent) and then ask the bank to consider re-opening it. If the bank say no, that is it. Unfortunately the PPI bandwagon has been rolling for numerous years so the time bar letters were intended to draw a line under the matter by inviting anyone who had PPI to complain if they feel it was miss-sold and was done with the agreement of the FOS

magpiecottage

You might be able to persuade FOS to look at the complaint if the 2013 letter was sent to the wrong address. Otherwise you would need to show that some exceptional circumstance, such as long term illness, presentedyou from complaining sooner.

[Deleted User]

TomR1964 wrote: »

This was therefore 19 days outside their imposed three year limit,

It wouldn't matter if you were 19 hours outside the three year limit. Still too late.

magpiecottage wrote: »

You might be able to persuade FOS to look at the complaint if the 2013 letter was sent to the wrong address.

I assume you mean if the address the Bank had on file was incorrect? That's only likely if the OP is a former customer who has since moved.

magpiecottage

Moneyineptitude wrote: »

It wouldn't matter if you were 19 hours outside the three year limit. Still too late.

Indeed - even an e-mail dated 19 seconds after midnight on 1 May would have been too late.

{quote]I assume you mean if the address the Bank had on file was incorrect? That's only likely if the OP is a former customer who has since moved.[/QUOTE]
Yes - there is one other possibility, though. I have seen a case where the consumer complained to the wrong business inside the time limit but not to the correct one until it was too late.
I have also seen cases where it was raised with FOS but nto the actual business within the time limit.

FOS will sometimes accept those cases for investigation.