MBNA PPI claim. Sent application form.

[Vampyra]

OH has made a few PPI claims from when he was in business. He has a longstanding MBNA card which he tested for PPI saying he thought he was self employed at the time.

 

Turns out he was a few months off turning self employed at the time and they refused his claim. They sent him a "credit agreement" as proof he was working and ticked PPI.

 

This "credit agreement" isn't. It is an Application Form with details he filled in of his employer at the time. The full details of PPI are not explained on there and of course one could argue that he could apply for a card with PPI but change his mind before signing any agreement which of course this Application Form isn't.

 

Plus, correct me if I am wrong, but an Application Form isn't a legal credit agreement.

 

He plans to take it to the Ombudsman. Just wondering if this is mis-selling PPI as if he had had it explained to him he would not have taken it out. The only issue he has suffered with during his working life is a bad back periodically, which was an ongoing condition before he took out the card.

 

Advice on the best way to proceed would be wonderful.

[dx100uk]

depends if all the prescribed terms are showing as well.

to make it an agreement.

 

 

have you gotten all the statements etc via an sar and done the FOS CQ

if you are going that way,

 

 

not that I should be teaching the one that taught me how to reclaim and use spreadsheets anything all those years ago.........

[Vampyra]

Lol. I think an SAR is probably the way to go but if an Application Form without prescribed terms isn't legal then just ticking a box asking if you want PPI without prescribed terms can't be binding either.

 

Do you know what the prescribed terms are in relation to PPI? I would have thought they would be along the similar vein to a CC but having never had PPI myself I don't know.

[dx100uk]

Oh yes some extremely large threads in the MBNA forum go into the enth degrees

[mightymouse_69]

If he was aware that he would be going self employed when he brought the card and policy, then this could be a concern. Depending on whether the policy terms for self-employed people were bad (not all were).

 

Another issue is the back problems - so this is something which should be mentioned too.