MBNA PPI - Pls can anybody help.

bontrager

Please could anybody help with MBNA PPI query ? 
I had Credit Card 1997-2016, I wrote to MBna in 2016 to see if the account had PPi they advised it did and had £1000 worth of ppi charges. Nothing further. There was nothing about it being mis sold or that I could reclaim so I didn’t think I was eligible. 

In July last year I decided to apply online along with another PPI with my bank. 
After a long delay in November I received a refusal for PPI payout but offered Plevin. 
Inthis refusal it advised to write if I had any info that they could re consider. 
I appled for a Sar and this took a long time as I have moved address amen had to provide documents etc to them .
Sar recently came and the pack advises they only have statements from 2014 ( this is when my account went into a credit).
They also advise they do not have a copy of my application form but that I would have applied via post and on the same day applied for PPI. 

I have returned information regarding a medical condition , that I lived at home and had savings at that time. 
I have heard nothing back from them and chased via emails and letter .
The sar also contains no list of ppi amounts so I don’t know how they’ve have comet to the initial figure of £1090 in payments. 
i only have a week now to log with FOS to try for the PPI rather than the Plevin  . Shall I just log using the medical reason ? 

Many help or advice would be appreciated 

[Deleted User]

No.  The medical reason doesn't impact the sale, or living at home and having savings.

However, you can accept the Plevin payout and also go to FOS if you wish.

bontrager

Thankyou . So in your opinion it wouldn’t be worth going to the FOS on the basis of no information would have been available to advise a medical condition would not cover men for those circumstances ? 
If I cash the Plevin though I would Be able to appeal the PPI would I with the FOS ? 

[Deleted User]

Yes - you take the Plevin refund and go to FOS if you want to.

dunstonh

I have returned information regarding a medical condition , that I lived at home and had savings at that time.

It is normal to be asked to provide evidence of savings.   Mainly as people who have savings tend not to borrow on a credit card.  no point earning af few percent in interest on savings when paying 25-35% interest on the credit card.    A lot of people use that reason but do not have savings. So, often they ask for evidence.

Also, for savings to be considered enough, it tends to be a level of around 12 months income or expenditure.

The medical condition must have existed at point of sale and it must be a condition sufficient to make claiming on the PPI unlikely. i.e. a medical condition that results in further issues.    If its a condition that does not have follow-on/further issues and is quite defined then its not an issue as coverage would only exclude that and not other things (and refusing to cover in one area is allowed).

bontrager

Thankyou for your reply, and advice. My savings would not even have been half a years salary it was an inheritance so will leave that off. My medical condition is Epilepsy it Is still ongoing and requires treatment and hospital appointments and was present at time I took out the card. 
I don’t recall ticking the box as it was a long time ago and as they do not have my application form I cannot check if there was any information offered. 

dunstonh

My medical condition is Epilepsy it Is still ongoing and requires treatment and hospital appointments and was present at time I took out the card.

Epilepsy would not necessarily void the cover. For example, if you suffered an injury as a result of epilepsy then it would not cover you. However, if you suffered it due to another issue then it would cover you.      For pre-exisitng illness to work as a reason it needs to be something that would make claiming under illness cover unlikely.   You know your condition better than us. So, you can decide if that is likely or not.

I don’t recall ticking the box as it was a long time ago and as they do not have my application form I cannot check if there was any information offered. 

The good news is that the FOS has built up a good database of forms used in different eras by different firms.  So, they will know the generic information that appears.     However, the firms also know the FOS has this information (as do the firms on their side) and they know how the FOS are likely to treat them.   This is why the PPI complaint uphold rate at the FOS has fallen so much over the last year or two as the firms have been much fairer in complaint outcomes.

bontrager

Thankyou for that. So if I cash the Plevin and submit an appeal to the Fos. If I won would they take the previous Plevin payment from any new award ?. I was just unsure of cashing the Plevin cheque and then not being eligible for the Fos appeal. 

Esso172

Hi,
I had issues with my PPI claim with MBNA. They initially said there was no PPI on the credit card account ( even though I sent photographic proof !) then, I had missed the FCA deadline. Both were incorrect, a month later I received a substantial payout for misold PPI via post.

I am currently going through the same issue with Citi cards !
Most lenders just make the claim process unhelpful to avoid a financial payout to former card holders.

Good luck

dunstonh

So if I cash the Plevin and submit an appeal to the Fos. If I won would they take the previous Plevin payment from any new award ?.

Yes.   You would get the difference.

I was just unsure of cashing the Plevin cheque and then not being eligible for the Fos appeal. 

You are fine to do take the Plevin refund and still use the FOS.

[Deleted User]

bontrager said:

Thankyou for that. So if I cash the Plevin and submit an appeal to the Fos. If I won would they take the previous Plevin payment from any new award ?

Yes, but understand that it's not an "appeal"  it's simply arbitration.

 A third party (FOS) is going to examine your complaint and will decide whether or not you've been unjustly rejected.  

Read the reasons why the Bank rejected your complaint and tell FOS why you disagree with those reasons. You mention an existing medical condition, but was that part of your original  complaint? If it was, how did the Bank respond to that reason? You mention savings but, again, the Bank are likely to have already given you valid reasons for rejecting that. 

Decide yourself if you were genuinely mis-sold. If your medical condition didn't preclude you from claiming on the insurance then there is no point mentioning that. In addition, the fact that the bank lacks a copy of the actual document agreeing to the insurance does not automatically mean that FOS will decide you weren't provided with information about the policy.

In the end it's your choice what to do but, to answer your question, if you accept the Plevin Refund first then that amount will indeed be deducted from any redress you might subsequently be awarded.