Mbna PPI rejection

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  • dunstonh
    dunstonh Posts: 116,482 Forumite
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    How can people get ancient refunds ànd yet mine is out of date? Or am I being daft?

    If the address is correct then it is assumed, as it is in law, that you received it.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Nasqueron
    Nasqueron Posts: 8,897 Forumite
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    Hi folks

    Newbie here, joined for advice regarding MBNA rejection based on time barring.

    I applied recently to be told I had been sent letters in 2013 also, however I have never seen these letters. I have not lived at the address on a regular basis for many years, staying with colleagues, boyfriends or relatives due to instability with parents at my home address, but have never been so on paper e.g. tenant/ utility bills etc.

    My name is the same as my mother's and she regularly opens my mail, this has been an on-going issue from I started to receive mail - particularly when no Mrs or Miss was in place.

    I am only recently applying as the lady in the bank told me to, when previously an advisor told me I had no chance of getting it back.

    How can people get ancient refunds ànd yet mine is out of date? Or am I being daft?

    Thanks !

    If the bank sends you a letter inviting you to complain about PPI, so long as it is to an address where you can get mail then they can invoke the 3 year rule to time bar the complaint. Your only argument would be if you didn't have access to the mail, which you clearly did - if you had issues with post being opened you should have had it redirected e.g. to a PO box
  • PlagalCadence
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    Thanks for your prompt reply!

    I am finding it difficult to understand how their 3 year nonsense is legal, they grand majority was mis sold in some shape or form, regardless people should be entitled to it.

    I have called today to cancel the PPI which was on going. The PPI I was told I had to have, to get the credit card as I had no credit history #naive .

    Many thanks!
  • dunstonh
    dunstonh Posts: 116,482 Forumite
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    I am finding it difficult to understand how their 3 year nonsense is legal,

    Timebars exist in law. In fact, the regulatory time bars are actually more consumer friendly than the a court of law (although the FCA is consulting currently on whether to introduce a 15 year long stop to match the courts).

    The 3 and 6 year rule is in the FCA rule book.
    they grand majority was mis sold in some shape or form, regardless people should be entitled to it.

    What is your evidence for that as that stats do not back up that assertion?
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • Nasqueron
    Nasqueron Posts: 8,897 Forumite
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    Thanks for your prompt reply!

    I am finding it difficult to understand how their 3 year nonsense is legal, they grand majority was mis sold in some shape or form, regardless people should be entitled to it.

    I have called today to cancel the PPI which was on going. The PPI I was told I had to have, to get the credit card as I had no credit history #naive .

    Many thanks!

    I would agree - at the same time, they should revoke the right for people to stop being liable for their debts after 6 years, people who borrow money and don't pay it back should be chased to the grave for the money! /sarcasm

    The time bars exist in law to stop complaints going on forever, 6 years from taking out a product, 3 years from knowing you had a problem. The PPI industry has been going on for years, sites like this, adverts from CMC scammers etc have been publicising it all the time - even the bank letters give you 3 years to complain, at some point we have to draw a line in the sand
  • Z_JJJ
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    I don't get why a line should be drawn in the sand for activity which was wrong.

    Its like saying its OK we won't pursue you for murder as it has lapsed beyond 3 years. Utter nonsense. Its one rule for banks and another for everyone else as ever.
  • societys_child
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    Its like saying its OK we won't pursue you for murder as it has lapsed beyond 3 years.
    It's nothing of the sort . . .
  • Bermonia
    Bermonia Posts: 977 Forumite
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    I’m sure there’s plenty you don’t get Z_JJJ but the rule is very simple and is there stop this circus going on for ever.
  • Nasqueron
    Nasqueron Posts: 8,897 Forumite
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    Z_JJJ wrote: »
    I don't get why a line should be drawn in the sand for activity which was wrong.

    Its like saying its OK we won't pursue you for murder as it has lapsed beyond 3 years. Utter nonsense. Its one rule for banks and another for everyone else as ever.


    Not at all.

    I can borrow money and then refuse to pay back, 6 years after the first default that loan is wiped from my credit history so any other lender has no idea I did that. If the police do not send you a NIP for speeding within 14 days you can't get points (in most circumstances, car leases etc are different). It absolutely does work both ways.

    Here, the bank actively wrote to the person and invited them to complain, the person chose not to, so the 3 years comes up.
  • antrobus
    antrobus Posts: 17,386 Forumite
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    It's nothing of the sort . . .

    Someone who doesn't understand the difference between civil and criminal law.

    As it happens, the UK has no statute of limitations for any criminal offence. Other jurisdictions vary. In the USA. it's quite common to find such limitations.

    Apparently, in California it's 6 years for murder.

    https://resources.lawinfo.com/criminal-defense/criminal-statute-limitations-time-limits.html

    So, if you really want to kill your wife whatever, California might be the place to be.

    I hope that helps.:)
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