PPI MBNA Rejected - Appreciate your views.

baanjax

I've just had a PPI claim rejected by MBNA due to the 3-year rule as they wrote to me in 2013 and the account was opened in 2008 (ish).
I, however, had the Plevin component upheld which gives a total after interest etc. of just over £11k.  Handily the cheque arrived at the same time (in a different envelope).
I am deciding whether to make a referral to the FCA, and I would appreciate any views.
The basis of the original claim was generally the expectation of taking it (it was an online application) and I'm a sole director of a company, and my income is dividends.  The claims I've made have basically been 'if you would pay out a claim with my circumstances whether I was pushed or pressured into it or not I have no claim' I have been protected and could have made a claim so 'fair dos' however if I would have been unable to make a claim you've sold me a chocolate fireguard and have not exercised a duty of care and not treated me as a customer fairly.

Both Capital One and Barclays have paid out claims on that basis.  Barclays also provided my business banking at the time, and the business manager recommended me to my personal banker opening a mortgage.

Concerning the 2013 letter, I've not moved soI guess it probably arrived. I may have looked at it, and it was not like I was unaware I had PPI so it wouldn't have   I am planning to ask for a copy though (let's see them find that on a disk).

My argument would be that my naive belief at that time was that they were a sizeable well-regulated company while not acting in my interest were committed to treating me fairly.  Since that time, despite my best efforts to have faith in the banking industry, the amount of misconduct in the sector around PPI has emerged and become common knowledge.  I resisted making a complaint until the last minute because it was not until that point that I had a material change in my faith in the organisation and frankly I didn't want it to be true.

Am I now being naive in a different way?  Should I just take the money and run?  If I do make a claim, is there any chance that I'll put the Plevin money at risk?

Thanks

[Deleted User]

You've had a Plevin refund of £11K? 

The mind boggles over how much you must have owed.. 

baanjax

Yep.Moneyineptitude said:

You've had a Plevin refund of £11K? 

The mind boggles over how much you must have owed.. 

yep.  I've changed my ways.  Current balance on all cards 0

Thrugelmir

baanjax said:

The basis of the original claim was generally the expectation of taking it (it was an online application) and I'm a sole director of a company, and my income is dividends.  

Dividends are paid to shareholders of the company not employees.

jonesMUFCforever

Since it is over 6 years since 2013 the OP stands no chance of getting a copy of the letter IMO.

dunstonh

I am deciding whether to make a referral to the FCA, and I would appreciate any views.

The FCA do not handle consumer complaints.  The FCA sets the rules and the 3&6 year rule is in FCA rulebook.

The basis of the original claim was ...

... totally irrelevant.   You could have the most nailed on complaint reason going.  However, it doesn't matter once you are timebarred.

Both Capital One and Barclays have paid out claims on that basis.  

Neither of whom decided to go down the CCL route. So, are unable to timebar.

Concerning the 2013 letter, I've not moved soI guess it probably arrived. I may have looked at it, and it was not like I was unaware I had PPI so it wouldn't have   I am planning to ask for a copy though (let's see them find that on a disk).

They don't need to find a copy.  They just need the template and your name being on their list it was sent to.

My argument would be that my naive belief at that time was that they were a sizeable well-regulated company while not acting in my interest were committed to treating me fairly.

That is not a valid argument. Their CCL stated reasons you may have been missold and invited you to complain if you felt any applied to you.

Since that time, despite my best efforts to have faith in the banking industry, the amount of misconduct in the sector around PPI has emerged and become common knowledge. 

The PPI issue was already a decade old by the time they sent that letter and well advertised. 

Am I now being naive in a different way?  Should I just take the money and run?  If I do make a claim, is there any chance that I'll put the Plevin money at risk?

The CCL met the FCA requirements (we know that from FOS decisions confirming it is valid).   It is more than 3 years from that letter and more than 6 years from commencement. So, the 3 & 6 year rule is met.    You have given no reason for it to be overruled.

brettcta

Dunstonh has very succinctly made it clear you had no further recourse.

let’s take a minute to take in that £11k Plevin though - sweet baby Jesus and the orphans, you must have funded MBNA’s Christmas parties.

baanjax

Thanks, Dunstonh for such a comprehensive response.  I very much appreciate it.  I didn't expect them to find the specific letter but I would still be interested in what they sent..  I may still do that just out of interest just to see what they actually said.
Live and learn.   

[Deleted User]

baanjax said:I didn't expect them to find the specific letter but I would still be interested in what they sent..  I may still do that just out of interest just to see what they actually said.

They will find the specific template letter which was sent to thousands of people.

 It very simply invited people to complain  if they felt they were mis-sold.
 It made no admission of liability. 

Rather a futile action wanting to see it now...

MalMonroe

Take the money and run. You are out of time. But not, it would appear, out of pocket. There is such a thing as being too greedy.