Mbna plevin

Lemmons46

Can one of the experts help me out with some guidance please. I had a CC PPI claim with MBNA which was not upheld. They did however refund me 1 years worth of premiums with interest as I had tried to cancel the premium back in 2004. They did refund from that date and the date they eventually cancelled the PPI in March 2005. They recently wrote to me about Plevin to which I responded with a request for the premiums paid from 1999 out to 2004 to be considered in light of plevin.

They have now informed me that as I had a PPI claim UPHELD they will not look into plevin. I have a letter stating that my PPI claim was in fact not upheld and as I said they only gave me a partial refund owing to their own error.

I have advised them that I will be sending all of the paperwork to FOS for this to be looked into to which they have strongly advised that it would be no use! I still have the CC account with them but obviously no PPI policy as cancelled in 05.

Would FOS look into this for me? All paperwork seems to be full of contradicting errors.

Thanks

[Deleted User]

Lemmons46 wrote: »

Would FOS look into this for me?

No harm seeing what the Ombudsman says on this one.

However, you certainly won't be receiving any refund of PPI paid between 1999 and 2004 since Plevin is not an opportunity to re-state your original complaint.

You may end up with an additional refund pertaining to the Commission which was paid, however.

Lemmons46

Thankyou Moneyineptitude! I have spoken with FOS and they agree that they would be willing to review the paperwork. As I was ill at the time of the partial refund they have also suggested that they may be able to look at the whole claim given how muddled up all of the paperwork is! That’s not my muddle rather the banks muddle. Also the bank will be charged a fee for the FOS service. Hopefully some resolution will be met. I will keep posted.

[Deleted User]

Lemmons46 wrote: »

the bank will be charged a fee for the FOS service.

That's how the Ombudsman is funded.

Lemmons46

FOS have confirmed that me writing to them to ask them to re-look at their review is a good idea. I read out my suggested letter to FOS over the phone and they thought the content may get them to review it before I package my case for FOS. Fingers crossed that they see sense and assess the five years of High Commision charges otherwise they may have to look at the case as a whole. TBH I would be happy with the plevin refund so they would be very silly not to.

[Deleted User]

Lemmons46 wrote: »

FOS have confirmed that me writing to them to ask them to re-look at their review is a good idea.

The call centre are notorious for encouraging everyone to complain regardless of whether the complaint has any legs. The call centre staff are not trained adjudicators and do not assess your complaint.

Lemmons46 wrote: »

I read out my suggested letter to FOS over the phone and they thought the content may get them to review it before I package my case for FOS.

I assume you are talking about the Bank here rather than FOS? Banks aren't normally phased by threats of going to the Ombudsman.

Lemmons46 wrote: »

Fingers crossed that they see sense and assess the five years of High Commision charges

Are you certain the commission was "high"?

Lemmons46 wrote: »

otherwise they may have to look at the case as a whole. .

You need to understand that you can't refer your original complaint to FOS more than six months after it was concluded.
You accepted a part-refund.

Only your Plevin case is now in question.

Plevin is not an opportunity to re-state your original complaint.

All that being said, good luck...

Lemmons46

Thankyou again moneyineptitude. I’ve sent a letter to the bank, MBNA. I will just have to see what happens as I am fairly certain they have got things wrong. I thought Plevin High commission on a credit card policy was a revolving amount dependent on how much your balance was at the time. The PPI charge itself was .68 pence per £100 balance for five years. I thought the bank received a percentage in commission per month/year dependent on the level paid by the consumer. I’ve read on here that sometimes they received as much as 87% of these charges back from the insurance company. Therefore a successful Plevin refund would be 37% of this? As anything over 50% was ruled as excessive in the Plevin case. To summarise I would have expected 37% (example) of my total premiums paid to be refunded with interest and stat interest. If MBNA applied this scenery to my case I would be happy but they have totally ignored years 1999 to 2004 where I was paying full PPI premium and they have admitted this. FOS call centre staff said that as the paperwork is so muddled and contradictory they would in fact be willing to look at it.

[Deleted User]

Lemmons46 wrote: »

but they have totally ignored years 1999 to 2004

I've just realised you might be completely outside the parameters of a Plevin Refund.

Was your PPI policy still active in 2008?

If not, you are likely wasting your time with this..

Lemmons46 wrote: »

FOS call centre staff said that as the paperwork is so muddled and contradictory they would in fact be willing to look at it.

More than six months after your original complaint, the Bank would have to agree to let FOS "look at it", so don't get your hopes up here either..