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    • Chinawhite
    • By Chinawhite 3rd Dec 17, 9:06 PM
    • 3Posts
    • 0Thanks
    Chinawhite
    Mbna PPI rejection
    • #1
    • 3rd Dec 17, 9:06 PM
    Mbna PPI rejection 3rd Dec 17 at 9:06 PM
    I was wondering if anyone had advice or had dealt with a similar case.

    I opened an MBNA credit card in 1999. After a few months I became aware that PPI was on the account without my initial knowledge, I cancelled this in 2000. I sent a PPI claim to mbna 2 months ago and my claim has been rejected due to the 3 year rule. They have stated that I should have claimed back to PPI within 3 years of cancelling the policy. However this was prior to the fsa ruling and I was unaware that I was able to complain at that time.

    I have referred my case to the FSO but wondered if anyone has had a similar case.

    Thanks
Page 1
    • dunstonh
    • By dunstonh 3rd Dec 17, 9:10 PM
    • 92,643 Posts
    • 59,963 Thanks
    dunstonh
    • #2
    • 3rd Dec 17, 9:10 PM
    • #2
    • 3rd Dec 17, 9:10 PM
    The timebar seems valid.

    The 3 and 6 year timebar rule is set by the regulator and if applied correctly, the FOS will not be able to overrule it.

    For it to be applied correctly, you have to meet both the 6 year and 3 year rules. Meeting one alone is not enough. So, first thing is whether it is more than 6 years from the sale. The answer is yes at it was 18 years ago. The second thing is whether it is 3 or more years from being reasonably aware of an issue. The answer to that is yes as you cancelled it in 2000. That is 17 years ago.

    So, MBNA do appear to be correctly applying the timebar here.

    However this was prior to the fsa ruling and I was unaware that I was able to complain at that time.
    There has been no FSA ruling. PPI complaints use the same regulated complaints process introduced in 1988.

    You are able to complain about anything in life. You dont need the internet or anyone else to tell you when you can complain or not.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • -taff
    • By -taff 3rd Dec 17, 9:30 PM
    • 7,407 Posts
    • 5,486 Thanks
    -taff
    • #3
    • 3rd Dec 17, 9:30 PM
    • #3
    • 3rd Dec 17, 9:30 PM
    If your complaint is rejected by the FOS, you can complain under the Plevin ruling
    • Chinawhite
    • By Chinawhite 4th Dec 17, 2:42 AM
    • 3 Posts
    • 0 Thanks
    Chinawhite
    • #4
    • 4th Dec 17, 2:42 AM
    • #4
    • 4th Dec 17, 2:42 AM
    Thank you for your replies. I had a very similar case with Halifax but they upheld the claim despite the 6 and 3 year rule.
    Looking in the forum it appears that MBNA are pretty tough.
    I will send to FOS and update with an outcome.
    • Moneyineptitude
    • By Moneyineptitude 4th Dec 17, 7:06 AM
    • 20,159 Posts
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    Moneyineptitude
    • #5
    • 4th Dec 17, 7:06 AM
    • #5
    • 4th Dec 17, 7:06 AM
    I will send to FOS and update with an outcome.
    Originally posted by Chinawhite
    Understand that FOS has no ability to override a properly applied time-bar and that your experience with Halifax is irrelevant. As you say, Halifax could also have applied a time-bar but (for whatever reason) they chose not to.

    It's really not that MBNA are "pretty tough", it's because the sale (and importantly the cancellation) of this insurance was almost two decades ago.

    As -taff says above, you might have better luck seeking a Plevin refund of undisclosed commission.
    • Chinawhite
    • By Chinawhite 4th Dec 17, 12:51 PM
    • 3 Posts
    • 0 Thanks
    Chinawhite
    • #6
    • 4th Dec 17, 12:51 PM
    • #6
    • 4th Dec 17, 12:51 PM
    Could I seek a Plevin refund while my case is with the FOS?
    • Moneyineptitude
    • By Moneyineptitude 4th Dec 17, 12:59 PM
    • 20,159 Posts
    • 11,100 Thanks
    Moneyineptitude
    • #7
    • 4th Dec 17, 12:59 PM
    • #7
    • 4th Dec 17, 12:59 PM
    Could I seek a Plevin refund while my case is with the FOS?
    Originally posted by Chinawhite
    No. Since Plevin only applies to rejected complaints, you'd have to withdraw your complaint from FOS first. If it's already with the Ombudsman, you'd be best advised to wait until after it has been adjudicated.
    Do note that a Plevin refund may not be applicable.
    • cjw19
    • By cjw19 28th Dec 17, 8:54 AM
    • 1 Posts
    • 0 Thanks
    cjw19
    • #8
    • 28th Dec 17, 8:54 AM
    Mbna rejection for ppi but plevin upheld
    • #8
    • 28th Dec 17, 8:54 AM
    I have also just had the ppi part rejected for the same reason. I didnt know anything about the 3 and 6 rules although Mbna said in the refusal letter that they sent a letter in 2013. Mbna have supplied a telephone number for me to request cancellation of Ppi.

    The have upheld the plevin part of the claim.

    I am also considering referring to the foc. Can anyone advise if this is the next step I should be considering? Thanks
    Last edited by cjw19; 28-12-2017 at 8:57 AM. Reason: Mistake
    • -taff
    • By -taff 28th Dec 17, 9:00 AM
    • 7,407 Posts
    • 5,486 Thanks
    -taff
    • #9
    • 28th Dec 17, 9:00 AM
    • #9
    • 28th Dec 17, 9:00 AM
    Plevin only applies to rejected complaints.

    If the timebar is valid, the FOS cannot overturn it. If they sent a letter to you, the only way the FOS might look at it is if you can show you didn't receive it, such as you moved house.
    • dunstonh
    • By dunstonh 28th Dec 17, 10:53 AM
    • 92,643 Posts
    • 59,963 Thanks
    dunstonh
    I am also considering referring to the foc. Can anyone advise if this is the next step I should be considering? Thanks
    The FOS cant look at your complaint if it is correctly timebarred. If your addresss is the same as what they used, it is accepted that you would have received it. If it is different, the FOS will usually tell the firm to look at the complaint and disregard the timebar.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
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