Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Hazelc
    • By Hazelc 10th Nov 19, 8:56 AM
    • 4Posts
    • 0Thanks
    Hazelc
    MBNA rejection - say they wrote to me in 2013
    • #1
    • 10th Nov 19, 8:56 AM
    MBNA rejection - say they wrote to me in 2013 10th Nov 19 at 8:56 AM
    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 didnít raise a complaint within 3 years they ďmayĒ 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 donít 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
Page 1
    • BoGoF
    • By BoGoF 10th Nov 19, 9:01 AM
    • 5,475 Posts
    • 5,405 Thanks
    BoGoF
    • #2
    • 10th Nov 19, 9:01 AM
    • #2
    • 10th Nov 19, 9:01 AM
    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
    • By Hazelc 10th Nov 19, 9:12 AM
    • 4 Posts
    • 0 Thanks
    Hazelc
    • #3
    • 10th Nov 19, 9:12 AM
    • #3
    • 10th Nov 19, 9:12 AM
    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
    • By -taff 10th Nov 19, 9:24 AM
    • 10,616 Posts
    • 15,286 Thanks
    -taff
    • #4
    • 10th Nov 19, 9:24 AM
    • #4
    • 10th Nov 19, 9:24 AM
    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.
    • zx81
    • By zx81 10th Nov 19, 9:25 AM
    • 24,092 Posts
    • 26,802 Thanks
    zx81
    • #5
    • 10th Nov 19, 9:25 AM
    • #5
    • 10th Nov 19, 9:25 AM
    No. The publicised deadline was simply the final date for any complaint. It doesn't overturn other valid time bars.
    • Moneyineptitude
    • By Moneyineptitude 10th Nov 19, 8:14 PM
    • 24,913 Posts
    • 14,426 Thanks
    Moneyineptitude
    • #6
    • 10th Nov 19, 8:14 PM
    • #6
    • 10th Nov 19, 8:14 PM
    Sending a letter is not proof I received it, unless they sent it recorded delivery.
    Originally posted by Hazelc
    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.

    Anyone else had this scenario and can advise on how to respond please ?
    Originally posted by Hazelc
    Accept and enjoy your Plevin refund.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,695Posts Today

7,562Users online

Martin's Twitter