New MBNA PPI Claim - Advice Needed Please!

[RobA]

Hello all,

 

Noob here so please be kind!

 

After a long time deliberating I'm getting ready to try to reclaim my PPI from MBNA.

 

It will be worth a lot of money so I'd really appreciate any advice towards the wording of my claim.

 

I did a SAR earlier this year and found out that my PPI was taken out at the point I applied for the card

when a single form was filled in by a salesperson I met in January 2004.

 

I have a copy of this form, and nowhere on it does it say the "Payment Protection Cover" is optional.

There is only a tick box for yes against the statement "....

confirm that you are eligible and have read and understand the terms and conditions"

 

with

"We recommend that you take out this cover" in bold underneath.

 

I didn't fill in the form, it's clear the salesperson has done it and made a mark there for me,

and no signature was required specifically against the Payment Protection Cover section

- there is just one for the credit agreement at the bottom of the form.

 

I have the MBNA customer questionnaire, and in Section E about your complaint I intend to put -

 

"The policy was “sold” to me in person at the Birmingham NEC in January 2004.

No information was given to me before “I” took out the PPI, and the costs,

benefits and terms of the policy were not explained by the salesperson.

 

No questions regarding the policy were asked by me as it was not discussed.

 

It is now obvious to me that the PPI was taken, without my explicit agreement,

as it was made to appear a standard part of the application process.

 

As there weren't any discussions about PPI during my application,

it could not possibly have been made clear that it was optional

and that I didn’t have to take the policy out in order to have my credit card application approved.

 

The lack of explanation, or presentation, of terms and conditions that would have enabled me

to make an informed choice also means I could not have considered whether the policy was right for me.

 

Indeed I now know that on the application form the policy was recommended (in bold print)

but there could not have been any investigation taken by the salesperson,

or MBNA, to ensure the policy you clearly recommended to me was suitable for my needs.

 

I consider the presentation of the recommendation was made in such a way to make me think

that to not follow it would mean my application would be unsuccessful.

 

Further to all of this my explicit agreement to purchase the policy was clearly not given as I did not fill in the form,

sign or mark my approval against this clause - the salesperson did."

 

For the section asking when I realised there was a problem with the PPI I am going to put "March 2014 (when I did a subject access review) - clearly mis-sold"

 

Do you think this has a good chance of success, and is there anything you would add or change?

 

Many, many thanks in advance for your consideration and advice.

[dx100uk]

quite honestly I would NOT use the MBNA CQ.

 

use the industry std FOS one here.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

 

as for the reason

 

simply put down

 

the form was filled out by the sales rep

and the PPI box was ticked by them.

nothing was ever explained to me.

 

keep it simple with out waffle.

 

if they wriggle, the 'additional' info can be used later.

 

9/10 MBNA cough

however, you need to bear-in-mind MBNA are misers with their calculations

 

go read the thread here called

interpretive calculations.

have you got ALL the statements?

 

 

if not, it might well pay you to SAR MBNA first

 

get all the statements ,do the spreadsheet then put the claim in.

 

dx

[RobA]

Thanks DX.

 

Sorry for a few more questions

- can I send the FOS form to them instead of their version, to the same address?

 

I did my SAR, that's how I know for certain I didn't fill in the form.

 

I'll do the spreadsheet,

quite honestly I'm a bit terrified of seeing how much it comes to as I've convinced myself the amount will cause MBNA to refuse the complaint.

 

It's for this reason I wanted to get as much information in this submittal as possible,

as I wasn't sure if I will be able to expand my statements if it goes to the FOS.

Do you know if I will be able to?

 

Nearly there!

 

Can you (or anyone) confirm such a simple reason as the form being filled in

and the PPI box being ticked by the rep, with no explanation,

are grounds for MBNA accepting they mis-sold to me?

 

And finally

is the fact I knew I was making this payment but am only complaining now grounds for refusal?

 

To be honest it's only after my SAR and seeing how the form was completed

my memory of the event came back

- I actually thought I'd signed up for the card online!

 

Thanks again for your help!

[dx100uk]

just send them the FOS one yes.

 

the rep ticking the box

and prob putting an X by where you have to sign too?

I bet

perfect reason.

 

there no 'rush'

 

go read a few MBNA threads here and the PPI forum .

 

dx

[RobA]

Hi everyone, I just wanted to check in and let you know I followed the above advice and recently received a cheque for over £17k!!!!

 

Thanks for your help and encouragement dx100uk!

[dx100uk]

glad to help

 

 

we know the MBNA don't get their claims 'correct' in many cases.

 

 

have you been given the breakdown sheet showing ALL the calcs?

and showing evry payment etc etc

 

 

 

 

dx

 

 

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[boogy264]

HI i am about to claim for the Abbey Card(mbna) and Virgin but i cannot remember if i did it online or not for the virgin one abbey was in the bank. I found that 15 years ago you could not get a card unless you ticked ppi am i still eligible to claim as i called them many times to cancel the ppi and they refused to do so until Abbey went to MBNA at least then i was able to cancel online.

[dx100uk]

HI i am about to claim for the Abbey Card(mbna) and Virgin but i cannot remember if i did it online or not for the virgin one abbey was in the bank. I found that 15 years ago you could not get a card unless you ticked ppi am i still eligible to claim as i called them many times to cancel the ppi and they refused to do so until Abbey went to MBNA at least then i was able to cancel online.

 

 

yes ofcourse you can claim.

 

 

best start a new thread

 

 

of you own

 

 

dx