MBNA rejection - say they wrote to me in 2013

Hazelc

So ive had a rejection letter from MBNA saying they wrote to me in 2013 re my PPI and in there said that if I didn’t raise a complaint within 3 years they “may” reject any future complaint. They then state they are rejecting because I complained outside the 3 years. However they are upholding Plevin.

Now while the address they state is correct for where I lived in 2013, we were in the midst of building work at the time and it was a very chaotic place. I don’t remember seeing the letter and also feel that it is just their word they sent it. Sending a letter is not proof I received it, unless they sent it recorded delivery.

Anyone else had this scenario and can advise on how to respond please ? Any successful u-turns? Thanks in advance

BoGoF

MBNA did indeed send letters in 2013. The fact your house was chaotic at the time is not their problem. You probably binned it as junk mail.

The FOS know MBNA sent these letters and are very unlikely to overturn the time bar letter that was sent to the correct address.

Hazelc

Thanks for the quick response. I wonder whether since the FOS set the deadline for complaints whether there is an argument there that this is the true publicised deadline and I’m far more likely to have seen that than a single letter 6 years ago in the midst of total chaos.

-taff

The FOS won't overturn a properly applied timebar unless you weren't living there so can show it was never delivered or if you had extenuating circumstances such as a severe illness or bereavement and then you would have to show it was still ongoing or debilatating to ave prevented you from complaining for six years.

[Deleted User]

No. The publicised deadline was simply the final date for any complaint. It doesn't overturn other valid time bars.

[Deleted User]

Hazelc wrote: »

Sending a letter is not proof I received it, unless they sent it recorded delivery.

FOS accept proof of posting (not recorded or registered) as proof of delivery I'm afraid. The Bank will be able to furnish this proof and you have said it was sent to the correct address.

Game over for you.

Hazelc wrote: »

Anyone else had this scenario and can advise on how to respond please ?

Accept and enjoy your Plevin refund.