Reclaiming PPI - Financial Ombudsman cannot help as "MBNA has purged its data"

rich_poor152

I believe I was missold PPI by MBNA and submitted a claim within the timescale necessary.     It escalated up to the Financial Ombudsman who now reports that they can go no further as MBNA 'purged its data on a select group of accounts - including mine - in a system migration' and presented internal search results to show.

I find this v unsatisfactory on the grounds that 1) MBNA had a fiduciary duty to keep records for a minimum of 6 years (which this falls into) and 2) it looks conveniently like they tried to frustrate the claim by a convenient purge.           

The Ombudsman says if I can show I actually had PPI with MBNA they can re-look at the case.  However this puts the onus on me rather than the Company whose legal duty it was to safeguard my data.    

What can I do?

Thanks

The_squirrell

Very little. If you have no proof and MBNA have no documentation, then it's time to move on.

Brie

purged what data?  The credit agreement you signed when you got the card or every statement since then?  If you think you are owed then it is down to you to find a way to capture the info....old statements, some agreement tucked away in a file, maybe something on an email from 10 - 15 years back?

Admittedly banks don't keep things forever on the off chance that someone might complain.

dunstonh

I find this v unsatisfactory on the grounds that 1) MBNA had a fiduciary duty to keep records for a minimum of 6 years (which this falls into) and 2) it looks conveniently like they tried to frustrate the claim by a convenient purge.           

a) there is no such duty.     There are recommended timescales except in a small number of areas where the FCA makes retention of data mandatory.  Transaction data is not one of them

Broadly speaking, firms retain data on open accounts longer than they do on closed accounts but destruction is phased.  

The Ombudsman says if I can show I actually had PPI with MBNA they can re-look at the case.  However this puts the onus on me rather than the Company whose legal duty it was to safeguard my data.    

MBNA have not breached any requirement to safeguard your data and they are required under the data protection act to destroy data that is no longer required.    Transaction data has a short shelf live for data retention

What can I do?

Supply the data you have from the statements you were given.   However, I suspect you destroyed your data as well.   Hence your problem.

The FOS response is the expected outcome where people have made similar complaints.