MBNA say I took out PPI over the phone, I never did how can I prove this?

9389paula

Hi

Many thanks in advance for any help. I went with a claims company (but didn't pursue with them I did it myself) out of curisity as I have never taken PPI out on anything, everything came back with a no except my MBNA card so i got in touch and put in a claim. I detailed everything saying unaware this was added to my account in 2002 and I wanted it taking off. I have 100% never taken PPI out on anything as I had back up plans back then (although they said they didnt think my husbands finances would have been enough to support me etc etc which is irrellvant). They have wrote back to me and the main bulk of the letter states how "I" took this out over the phone and how this suited my needs, how i was "more than likely" advised correctly and "more than likely" aware it suited my needs, they use these phases over and over throughout and all geared to benefits etc that suited me.

They say you took out your credit card in 1999 and you took out PPI in 2002. They fail to mention I took out my credit card with Abbey National in 1999 and when it transferred ownership to MBNA in 2002 it seems a coincidence that at this point it was added.
No phone calls inbound/outbound were ever had and I have never taken this out. How do I prove this if they simply say taken out by telephone.

They say it is now cancelled and I have looked at the last years statements and have never seen anything detailed or noticed anything in the past but i have never scroutinised them.

They have said NO to the PPI aspect and matter closed but they say I may get something when the plevin/paragon rule comes in in August (which I understand this rule) but until then i wont get a final response. I haven't wrote back yet and dont think I will. I am looking for any advice? I will take this to the FOS when I do get a final response but how can i possibly prove i didn't take this out on the telephone when I am up against a big bank like MBNA? Im thinking my best argument is when it was added in the transition of ownership to MBNA in 2002 without my knowledge.

Has anyone else had this problem with trying to prove you didn't take this out over the phone? Any advice is much appreciated. Thanks

dunstonh

They say you took out your credit card in 1999 and you took out PPI in 2002. They fail to mention I took out my credit card with Abbey National in 1999 and when it transferred ownership to MBNA in 2002 it seems a coincidence that at this point it was added.

Coincidence or not, it doesn't matter.

No phone calls inbound/outbound were ever had and I have never taken this out. How do I prove this if they simply say taken out by telephone.

You don't have a lot of credibility. You get a monthly statement on the card. Each month you paid PPI, it appeared on the statement. So, why didnt you contact them to query it when you first saw it in 2002? We are now 15 years and 180 statements later and you are just making these allegations now. Hence you have no credibility to be believed without something that says otherwise.

They say it is now cancelled and I have looked at the last years statements and have never seen anything detailed or noticed anything in the past but i have never scroutinised them.

It is possible to have PPI on an account but never pay a penny. For instance, if you pay the balance in full each month. You would not pay any PPI then and there would be nothing on the statement. If you borrowed the money by not repaying in full, then PPI would appear on the statement as a transaction.

I will take this to the FOS when I do get a final response but how can i possibly prove i didn't take this out on the telephone when I am up against a big bank like MBNA? Im thinking my best argument is when it was added in the transition of ownership to MBNA in 2002 without my knowledge.

If you go to the FOS, what new information have you got to give that you havent given already?

Im thinking my best argument is when it was added in the transition of ownership to MBNA in 2002 without my knowledge.

Its an unprovable allegation and extremely weak. If that is the best you have then expect failure on that point. Very few complaints get upheld on unproveable allegations. The majority get upheld due to eligibility failings, technical failings (such as tick to not have it) or auto-payouts. So, do you have anything stronger?

9389paula

Thank you for your time much appreciated.

I am now aware this was taken out 15 years ago. I mentioned that it was taken out in 2002, the claims company advised me of this which was March this year so for this length of time I was unaware it was on it.

Never noticed charges or paid the balance off every month, even this last year there has been a 2k average balance monthly and there is nothing documented on the last 12 statements. I've cross referenced the closing balance, interest and opening balance from month to month over the 12 month period and they tally so confused they have said it is now cancelled.

What health questions would they have asked someone at the point of sale?

dunstonh

Never noticed charges or paid the balance off every month, even this last year there has been a 2k average balance monthly and there is nothing documented on the last 12 statements.

If its not on the statements, then you didnt pay it.

PPI increases the balance you owe. It requires a transaction to increase the balance. So, if you cannot see it on the statement then it wasnt paid. The response you got doesnt seem to match with you not actually paying anything.

What health questions would they have asked someone at the point of sale?

Varies. Mostly none apart from maybe asking about serious illnesses. Health can be a valid complaint reason if the health condition is serious enough to invalidate the whole policy. A minor illness would not do that.

9389paula

Thanks. Yes I scour any t's and c's as a rule and categorically didn't take this out. I've scoured 100's of documents and forums on line and like you said unsure how I can prove this as it doesn't seem in my favour me proving how this telephone call took place when it transferred to MBNA.

Would they have sent paperwork out to confirm this so called sale?

None of it tallies or makes sense to me also. Would I be best taking up my comments and findings with MBNA again just to get some reply before the final response or just wait until the final response before I go to the FOS?

I'm aware I don't have much hope proving and the FOS decision is final. Thanks again

societys_child

Did you actually ever pay any ppi? What are you hoping to achieve?

BorisThomson

9389paula wrote: »

Thanks. Yes I scour any t's and c's as a rule and categorically didn't take this out.

I wouldn't use this argument if you're then going to claim you never checked your monthly statements!