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Thread: PPI Rejection by MBNA

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    Default PPI Rejection by MBNA

    Hello all
    I recently made 3 complaints for missold-PPI. 2 with Barclays and 1 with MBNA. I received some compensation with one of my claims with Barclays. I am waiting for the result on the 2nd compensation claim with them.
    However with MBNA, I received a rejection letter along the lines of 'PPI was applied to your account at your request on 20 April 2006. I enclose a copy of your application form. Please note that as your application was made online, the signature you provided was an electronic one.....'
    They also make a mention that the PPI screen was a separate screen and it was clearly mentioned that it was different from the credit card application. Hence I opted into the scheme. Therefore they have rejected my claim. Also saying that this was their final decision and I would need to approach the Ombudsman to take it further.

    I don't quite remember the application process exactly as it was so long ago (6 years now) but on doing some research online, I found out that the PPI was preticked on applications pre September 2006. And most online applications wouldn't go further unless this option was ticked. Also, that the response that they sent to me is a generic one with amended dates.

    So my question to you all is -
    1) What are my options from here? Do I approach the Ombudsman claiming that MBNA's decision is wrong. Stating that the information about this PPI was clear enough for me to make an informed decision? or,
    2) Do I challenge MBNA stating the above also telling that that I intend to take this to the Ombudsman.
    3) What do I say when I approach either MBNA or Financial Ombudsman.

    I do not have a copy of the MBNA PPI application form. Do I have to fill this out again? I have never made a claim on the cover by the way. It was a useless cover to have and I never really wanted it.

    Appreciate your help and apologies for the long winded question.

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    Default Re: PPI Rejection by MBNA

    Quote Originally Posted by jayserrao View Post
    Hello all
    I recently made 3 complaints for missold-PPI. 2 with Barclays and 1 with MBNA. I received some compensation with one of my claims with Barclays. I am waiting for the result on the 2nd compensation claim with them.
    However with MBNA, I received a rejection letter along the lines of 'PPI was applied to your account at your request on 20 April 2006. I enclose a copy of your application form. Please note that as your application was made online, the signature you provided was an electronic one.....'
    They also make a mention that the PPI screen was a separate screen and it was clearly mentioned that it was different from the credit card application. Hence I opted into the scheme. Therefore they have rejected my claim. Also saying that this was their final decision and I would need to approach the Ombudsman to take it further.

    I don't quite remember the application process exactly as it was so long ago (6 years now) but on doing some research online, I found out that the PPI was preticked on applications pre September 2006. And most online applications wouldn't go further unless this option was ticked. Also, that the response that they sent to me is a generic one with amended dates.

    So my question to you all is -
    1) What are my options from here? Do I approach the Ombudsman claiming that MBNA's decision is wrong. Stating that the information about this PPI was clear enough for me to make an informed decision? or,
    2) Do I challenge MBNA stating the above also telling that that I intend to take this to the Ombudsman.
    3) What do I say when I approach either MBNA or Financial Ombudsman.

    I do not have a copy of the MBNA PPI application form. Do I have to fill this out again? I have never made a claim on the cover by the way. It was a useless cover to have and I never really wanted it.

    Appreciate your help and apologies for the long winded question.
    Hi and welcome to Legal Beagles, please accept my apologies for the late response.

    First of all well done on your success and the best of luck on the other.

    In regards of MBNA, you do have that option of complaining to the FOS and you can do so without the need of telling MBNA, but you can if you want to.

    However, even though they did give the final decision, sometimes they will still reconsider reviewing a complaint, and taking on any further info you can give.
    Now as you just stated that you had no choice but to accept the PPI, or the application would no longer go any further, that does seem to be a common issue here, did you tell them that? If not and if you would like to write to them and ask if they are willing to review by the next 14 days with the further information you have (and if you hear nothing, or if they do write back and do not change the decision, then complain to the FOS by completing a FOS complaint form, with copies of the final decisions).

    Have you requested for the full data by a Subject Access request (SAR)?
    With this they have 40 calendar days to comply, and you enclose the one off payment of £10 cheque or postal order.
    With a SAR, they must comply to this and send all they still hold on the account.

    Will take a look for this SAR template letter, unless someone else here gets here before me.


    Hope this helps, ask away for further questions if required.

    Good luck, will try to get a SAR posted up shortly.
    ------------------------------- merged -------------------------------


    YOUR ADDRESS
    YOUR POST TOWN
    YOUR POSTCODE

    BANKS NAME
    BANKS ADDRESS
    BANKS POSTCODE


    Date

    Account No: XXXXXXXX Sort Code: XX XX XX

    Dear Sir/Madam

    Please send me all data that your company holds relating to my entire account history. Please include details of all transactions, and a copy of the original contract by which this account is/was governed at the time it was opened including all amendments made to the contract terms since opening the account.

    I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention. If you are unable to provide this specific information, copy statements will suffice.


    All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days.


    In light of all the recent publicity regards the reclaiming of bank charges, some Banks appear to now only be providing a breakdown of charges in response to all and any Data requests. For the avoidance of doubt I do actually require all information held by yourselves.

    It seems a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all. If you no longer hold data beyond 6 years however, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

    Whilst not exhaustive and for the avoidance of doubt I shall list what I require:

    * Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same.

    * Copies of all statements relating to the above accounts.

    * Copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.

    * Copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.

    * Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

    * Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

    * Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

    *Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

    * Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

    I enclose the maximum statutory fee of £10.

    You have 40 days to comply with this request.

    If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office which could result in a fine and prosecution.





    Yours faithfully,



    Your name
    Last edited by di30; 5th May 2012 at 19:51:PM. Reason: Automerged Doublepost

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    Default Re: PPI Rejection by MBNA

    Quote Originally Posted by di30 View Post
    Hi and welcome to Legal Beagles, please accept my apologies for the late response.

    First of all well done on your success and the best of luck on the other.

    In regards of MBNA, you do have that option of complaining to the FOS and you can do so without the need of telling MBNA, but you can if you want to.

    However, even though they did give the final decision, sometimes they will still reconsider reviewing a complaint, and taking on any further info you can give.
    Now as you just stated that you had no choice but to accept the PPI, or the application would no longer go any further, that does seem to be a common issue here, did you tell them that? If not and if you would like to write to them and ask if they are willing to review by the next 14 days with the further information you have (and if you hear nothing, or if they do write back and do not change the decision, then complain to the FOS by completing a FOS complaint form, with copies of the final decisions).

    Have you requested for the full data by a Subject Access request (SAR)?
    With this they have 40 calendar days to comply, and you enclose the one off payment of £10 cheque or postal order.
    With a SAR, they must comply to this and send all they still hold on the account.

    Will take a look for this SAR template letter, unless someone else here gets here before me.


    Hope this helps, ask away for further questions if required.

    Good luck, will try to get a SAR posted up shortly.
    ------------------------------- merged -------------------------------


    YOUR ADDRESS
    YOUR POST TOWN
    YOUR POSTCODE

    BANKS NAME
    BANKS ADDRESS
    BANKS POSTCODE


    Date

    Account No: XXXXXXXX Sort Code: XX XX XX

    Dear Sir/Madam

    Please send me all data that your company holds relating to my entire account history. Please include details of all transactions, and a copy of the original contract by which this account is/was governed at the time it was opened including all amendments made to the contract terms since opening the account.

    I would also like a schedule of all charges & interest applied to my account(s) including details of any instances that required manual intervention. If you are unable to provide this specific information, copy statements will suffice.


    All data, including data held on a microfiche must be provided within a reasonable timescale, a maximum of 40 days.


    In light of all the recent publicity regards the reclaiming of bank charges, some Banks appear to now only be providing a breakdown of charges in response to all and any Data requests. For the avoidance of doubt I do actually require all information held by yourselves.

    It seems a lot of banks are also wrongly interpreting the Data Protection Act (DPA) 1998 as a requirement to only disclose six years worth of personal data, and this is also wholly wrong. The DPA clearly states that all information held must be disclosed and it has no correlation to the Limitation act 1980 at all. If you no longer hold data beyond 6 years however, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

    Whilst not exhaustive and for the avoidance of doubt I shall list what I require:

    * Full copies of all contracts that exist between myself and your organisation; including copies of any documents you hold in support of same.

    * Copies of all statements relating to the above accounts.

    * Copies of all correspondence, including all letters, faxes, emails and memos sent and received between ourselves, and any other third party in relation to any of the above accounts.

    * Copies of any telephone recordings and/or transcripts of these recordings as well as any logs or journals that relate to them.

    * Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

    * Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

    * Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

    *Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

    * Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, reason for deletion, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

    I enclose the maximum statutory fee of £10.

    You have 40 days to comply with this request.

    If you fail to comply fully I shall enter a formal complaint with the Information Commissioners Office which could result in a fine and prosecution.





    Yours faithfully,



    Your name
    Thanks very much for the response mate. I will get in touch with MBNA first and see what they have to say giving them the 14 day deadline, also keep the letter to FOS ready.
    The problem is what do I say to MBNA and the FOS? How do I structure my arguement? How do I prove that the payment protection was indeed preticked!
    I think I have a case in saying that this box was probably preticked and I wasn't made aware that this policy was suitable for me. As far as I was concerned, this looked like a mandatory check list in order for me to apply for a credit card. Also, the box where the payment protection plan was offered, didn't really supply enough information in order to make an informed decision.

    Would the FOS or MBNA cater to my arguement above?

    Thanks a lot beagles.

    Any additional tips would be grand too guys.

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    Default Re: PPI Rejection by MBNA

    Hiya

    Your very welcome indeed.

    Good luck with that then and hopefully they bank will reconsider your case and overturn your decision.

    As it appears to be a common issue with pre bank ticked applications, the FOS will investigate into this and must take it into consideration, one of mine was pre-ticked and I added that to my argument as well.

    However, if you did end up making the complaint to the FOS, I would then suggest going for a SAR as stated in the above post, because hopefully you will receive the required documentation you can eventually send on to the FOS, where some of the paperwork should hold details of the sale of the policy and copies of useful paperwork.

    They should indeed cater to your argument here.

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    Default Re: PPI Rejection by MBNA

    I'm running the same sort of thing myself at present. Just had a refusal on a standard letter so am now going futher. Sent off a SAR today and am researching so have bumped into this online application thingy.
    I don't even remember if mine was online or not. However where a pop-up box is supposed to come up showing things, they might not have figured on the pop-up blocker that a lot of people have on their computers.
    Does anyone feel they have knowledge of whether this would have prevented the pop up in this instance to give the OP more of a chance?

    If it would have prevented it, then even if they sent full T & C's by post after the application was submitted this wouldn't necessarily mean they had fulfilled their obligations as the point of sale information could not be accessed.

    Will be opening my own post shortly but this info is relevant to this post.

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    Default Re: PPI Rejection by MBNA

    also put in a claim for ppi on my credit card,i received a copy of my application form with the box being ticked even though i do not remember ticking it,the date on the form is 2000 yet today i got a reply back from mbna saying ppi was applied to my account in 2004,also that i ticked the box and signed to confirm ,where do i go from here as mbna are saying the case is now closed . on my paper application form the date is clearly 2000 as they have sent me a copy of it

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    Default Re: PPI Rejection by MBNA

    Quote Originally Posted by Lynnzer View Post
    I'm running the same sort of thing myself at present. Just had a refusal on a standard letter so am now going futher. Sent off a SAR today and am researching so have bumped into this online application thingy.
    I don't even remember if mine was online or not. However where a pop-up box is supposed to come up showing things, they might not have figured on the pop-up blocker that a lot of people have on their computers.
    Does anyone feel they have knowledge of whether this would have prevented the pop up in this instance to give the OP more of a chance?

    If it would have prevented it, then even if they sent full T & C's by post after the application was submitted this wouldn't necessarily mean they had fulfilled their obligations as the point of sale information could not be accessed.

    Will be opening my own post shortly but this info is relevant to this post.

    Hi

    Hopefully a SAR will help and confirm how it was sold and copies of the application, there should be details held of how it was sold, and as they issued you with this as a reason of the decision, they should therefore provide you with the written concrete evidence, so if it is not disclosed within the SAR, I would be wondering how they come to the conclusion of how they assumed it was online.

    However, online applications can be more difficult to reclaim, but it can be done depending on the reasons you have as well, for example some online applications would not allow you to go further with the application if you did not accept the PPI, or maybe you did not opt to accept it, and they rang later on to arrange ppi.
    See what comes back within the SAR.

    Good luck.

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    Default Re: PPI Rejection by MBNA

    Quote Originally Posted by jayserrao View Post
    Hello all
    I recently made 3 complaints for missold-PPI. 2 with Barclays and 1 with MBNA. I received some compensation with one of my claims with Barclays. I am waiting for the result on the 2nd compensation claim with them.
    However with MBNA, I received a rejection letter along the lines of 'PPI was applied to your account at your request on 20 April 2006. I enclose a copy of your application form. Please note that as your application was made online, the signature you provided was an electronic one.....'
    They also make a mention that the PPI screen was a separate screen and it was clearly mentioned that it was different from the credit card application. Hence I opted into the scheme. Therefore they have rejected my claim. Also saying that this was their final decision and I would need to approach the Ombudsman to take it further.

    I don't quite remember the application process exactly as it was so long ago (6 years now) but on doing some research online, I found out that the PPI was preticked on applications pre September 2006. And most online applications wouldn't go further unless this option was ticked. Also, that the response that they sent to me is a generic one with amended dates.

    So my question to you all is -
    1) What are my options from here? Do I approach the Ombudsman claiming that MBNA's decision is wrong. Stating that the information about this PPI was clear enough for me to make an informed decision? or,
    2) Do I challenge MBNA stating the above also telling that that I intend to take this to the Ombudsman.
    3) What do I say when I approach either MBNA or Financial Ombudsman.

    I do not have a copy of the MBNA PPI application form. Do I have to fill this out again? I have never made a claim on the cover by the way. It was a useless cover to have and I never really wanted it.

    Appreciate your help and apologies for the long winded question.
    I received the same from MBNA and contacted Banking Ombudsman, it`s a long wait these days but after 1 year just received letter that they are upholding my case against MBNA and that MBNA have to reply within 4 weeks with some response. DON`T GIVE UP

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    Default Re: PPI Rejection by MBNA

    Quote Originally Posted by jayserrao View Post
    Hello all
    I recently made 3 complaints for missold-PPI. 2 with Barclays and 1 with MBNA. I received some compensation with one of my claims with Barclays. I am waiting for the result on the 2nd compensation claim with them.
    However with MBNA, I received a rejection letter along the lines of 'PPI was applied to your account at your request on 20 April 2006. I enclose a copy of your application form. Please note that as your application was made online, the signature you provided was an electronic one.....'
    They also make a mention that the PPI screen was a separate screen and it was clearly mentioned that it was different from the credit card application. Hence I opted into the scheme. Therefore they have rejected my claim. Also saying that this was their final decision and I would need to approach the Ombudsman to take it further.

    I don't quite remember the application process exactly as it was so long ago (6 years now) but on doing some research online, I found out that the PPI was preticked on applications pre September 2006. And most online applications wouldn't go further unless this option was ticked. Also, that the response that they sent to me is a generic one with amended dates.

    So my question to you all is -
    1) What are my options from here? Do I approach the Ombudsman claiming that MBNA's decision is wrong. Stating that the information about this PPI was clear enough for me to make an informed decision? or,
    2) Do I challenge MBNA stating the above also telling that that I intend to take this to the Ombudsman.
    3) What do I say when I approach either MBNA or Financial Ombudsman.

    I do not have a copy of the MBNA PPI application form. Do I have to fill this out again? I have never made a claim on the cover by the way. It was a useless cover to have and I never really wanted it.

    Appreciate your help and apologies for the long winded question.


    Hi

    Can I ask, how did you find out that all pre 2006 applications where pre ticked for ppi? I currently have a complaint in and just received a letter telling me that I did not have ppi on account, however, Im sure I did and if you have found out that all boxes where pre ticked that I surely must have??

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    Default Re: PPI Rejection by MBNA

    Quote Originally Posted by Cath1902 View Post
    Hi

    Can I ask, how did you find out that all pre 2006 applications where pre ticked for ppi? I currently have a complaint in and just received a letter telling me that I did not have ppi on account, however, Im sure I did and if you have found out that all boxes where pre ticked that I surely must have??

    Hi there

    I know this to have happened with others, and yet later found to have been sold ppi.

    You could send a Subject access request (SAR) with the one off fee payment of £10 cheque or postal order, they have up to 40 calendar days to comply.
    Above post you will note a letter (SAR).

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    Default Re: PPI Rejection by MBNA

    Quote Originally Posted by jayserrao View Post
    Hello all
    I recently made 3 complaints for missold-PPI. 2 with Barclays and 1 with MBNA. I received some compensation with one of my claims with Barclays. I am waiting for the result on the 2nd compensation claim with them.
    However with MBNA, I received a rejection letter along the lines of 'PPI was applied to your account at your request on 20 April 2006. I enclose a copy of your application form. Please note that as your application was made online, the signature you provided was an electronic one.....'
    They also make a mention that the PPI screen was a separate screen and it was clearly mentioned that it was different from the credit card application. Hence I opted into the scheme. Therefore they have rejected my claim. Also saying that this was their final decision and I would need to approach the Ombudsman to take it further.

    I don't quite remember the application process exactly as it was so long ago (6 years now) but on doing some research online, I found out that the PPI was preticked on applications pre September 2006. And most online applications wouldn't go further unless this option was ticked. Also, that the response that they sent to me is a generic one with amended dates.

    So my question to you all is -
    1) What are my options from here? Do I approach the Ombudsman claiming that MBNA's decision is wrong. Stating that the information about this PPI was clear enough for me to make an informed decision? or,
    2) Do I challenge MBNA stating the above also telling that that I intend to take this to the Ombudsman.
    3) What do I say when I approach either MBNA or Financial Ombudsman.

    I do not have a copy of the MBNA PPI application form. Do I have to fill this out again? I have never made a claim on the cover by the way. It was a useless cover to have and I never really wanted it.

    Appreciate your help and apologies for the long winded question.
    Hi,

    I came across a similar problem before when I took a claim out with Lloyds on my credit card and loan. After making my complaint I'd just received a generic template letter from them not addressing the points I initially raised. What I learned is avoid the Ombudsman if possible, you end up waiting around forever before your case even gets a look at. Your best bet is going through a claims company if you don't have a background in finance or legal stuff. Is what I did through Financial Claim Solutions (number 01143273068, email financialclaimsolutionsltd@live.co.uk) and got my money back in no time. Found them to be very thorough with they did, looking into every detail of objections. Lenders will try and patronize you, making you think that somehow someway you did opt into PPI (even though in my case I was unemployed when took out credit card making PPI completely useless). Advisers work on a commission bonus basis, so its in their interests to sell you extras on any finance. Best of luck trying get it sorted. Too many people this is happening to.
    Last edited by mjhale; 5th November 2012 at 14:12:PM.

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    Default Re: PPI Rejection by MBNA

    Hi all

    First timer - hope I am putting this in the right place ! Would be grateful for any thoughts re some dissapointing news last week - I had a virgin mbna ppi complaint with the Ombudsman from MARCH 2011 !! - Just got letter from FOS advising can't uphold complaint as box ticked in online application ( it was 2008). I am pretty fed up - it was worth about £3k to me and as the FOS has figures of 99% upheld complaints against MBNA, I thought I had a good chance.

    This decision is from one of their assessors - not an actual Ombudsman - I do have the right to have it referred to one of them but obviously need to justify this - any advice would be really appreciated - I have kind of given up on this now BUT there is a tone in their letter that suggests they fully want to uphold my complaint but I haven't given them enough to allow them to justify doing so - does that make sense?

    I dont see how having a customer tick a box online - which was probably preticked anyway - equates to a full and comprehensive and fair selling of ppi ? Perhaps I just say that to the ombudsman and see if they reverse the decision. Really disappointing after waiting 19 months !!

    Thanks all for reading

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    Default Re: PPI Rejection by MBNA

    Quote Originally Posted by RED FRANKIE View Post
    Hi all

    First timer - hope I am putting this in the right place ! Would be grateful for any thoughts re some dissapointing news last week - I had a virgin mbna ppi complaint with the Ombudsman from MARCH 2011 !! - Just got letter from FOS advising can't uphold complaint as box ticked in online application ( it was 2008). I am pretty fed up - it was worth about £3k to me and as the FOS has figures of 99% upheld complaints against MBNA, I thought I had a good chance.

    This decision is from one of their assessors - not an actual Ombudsman - I do have the right to have it referred to one of them but obviously need to justify this - any advice would be really appreciated - I have kind of given up on this now BUT there is a tone in their letter that suggests they fully want to uphold my complaint but I haven't given them enough to allow them to justify doing so - does that make sense?

    I dont see how having a customer tick a box online - which was probably preticked anyway - equates to a full and comprehensive and fair selling of ppi ? Perhaps I just say that to the ombudsman and see if they reverse the decision. Really disappointing after waiting 19 months !!

    Thanks all for reading
    Bad news that, sorry to hear it. Have you thought about contacting a claims company about why Ombudsman rejected? They have a tendency to mess people around like this. I hate to keep referring to Financial Claim Solutions Ltd but they work like gold. Working with a legal team and by pulling a few strings they were able to get lenders to offer me a sizable sum in just a few weeks. No harm in trying, good luck!

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    Default Re: PPI Rejection by MBNA

    Hi Red Frankie, and welcome to you. Ideally, you need to start your own thread here in the PPI section, in order to avoid confusion. But for now - with apologies to the OP - as this thread seems to be a 'general convo' thread, here's my suggestion.

    If the FOS are implying that they might uphold the claim if you could provide further information, then it might be worth asking them what info they would need. I would also reject their decision on the grounds that it appears to be entirely against the FSA rules, which the FOS are supposed to be using !!!

    You may want to quote some of these. The FSA Handbook on PPI Redress contained within PS 10/12 states:

    DISP APP 3.3.1 Where a complaint is made, the firm should assess the complaint fairly, giving appropriate weight and balanced consideration to all available evidence, including what the complainant says and other information about the sale that the firm identifies. The firm is not expected automatically to assume that there has been a breach or failing.
    DISP APP 3.3.2 The firm should not rely solely on the detail within the wording of a policy's terms and conditions to reject what a complainant recalls was said during the sale.
    DISP APP 3.3.3 The firm should recognise that oral evidence may be sufficient evidence and not dismiss evidence from the complainant solely because it is not supported by documentary proof. The firm should take account of a complainant's limited ability fully to articulate his complaint or to explain his actions or decisions made at the time of the sale.
    DISP APP 3.3.4 Where the complainant's account of events conflicts with the firm's own records or leaves doubt, the firm should assess the reliability of the complainant's account fairly and in good faith. The firm should make all reasonable efforts (including by contact with the complainant where necessary) to clarify ambiguous issues or conflicts of evidence before making any finding against the complainant.
    DISP APP 3.3.5 The firm should not reject a complainant's account of events solely on the basis that the complainant signed documentation relevant to the purchase of the policy.
    DISP APP 3.3.9 In determining a particular complaint, the firm should (unless there are reasons not to because of the quality and plausibility of the respective evidence) give more weight to any specific evidence of what happened during the sale (including any relevant documentation and oral testimony) than to general evidence of selling practices at the time (such as training, instructions or sales scripts or relevant audit or compliance reports on those practices).

    [ My emphasis added ]

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    Default Re: PPI Rejection by MBNA

    [QUOTE=Bill-K;294665]Hi Red Frankie, and welcome to you. Ideally, you need to start your own thread here in the PPI section, in order to avoid confusion. But for now - with apologies to the OP - as this thread seems to be a 'general convo' thread, here's my suggestion.

    If the FOS are implying that they might uphold the claim if you could provide further information, then it might be worth asking them what info they would need. I would also reject their decision on the grounds that it appears to be entirely against the FSA rules, which the FOS are supposed to be using !!!

    You may want to quote some of these. The FSA Handbook on PPI Redress contained within PS 10/12 states:

    DISP APP 3.3.1 Where a complaint is made, the firm should assess the complaint fairly, giving appropriate weight and balanced consideration to all available evidence, including what the complainant says and other information about the sale that the firm identifies. The firm is not expected automatically to assume that there has been a breach or failing.
    DISP APP 3.3.2 The firm should not rely solely on the detail within the wording of a policy's terms and conditions to reject what a complainant recalls was said during the sale.
    DISP APP 3.3.3 The firm should recognise that oral evidence may be sufficient evidence and not dismiss evidence from the complainant solely because it is not supported by documentary proof. The firm should take account of a complainant's limited ability fully to articulate his complaint or to explain his actions or decisions made at the time of the sale.
    DISP APP 3.3.4 Where the complainant's account of events conflicts with the firm's own records or leaves doubt, the firm should assess the reliability of the complainant's account fairly and in good faith. The firm should make all reasonable efforts (including by contact with the complainant where necessary) to clarify ambiguous issues or conflicts of evidence before making any finding against the complainant.
    DISP APP 3.3.5 The firm should not reject a complainant's account of events solely on the basis that the complainant signed documentation relevant to the purchase of the policy.
    DISP APP 3.3.9 In determining a particular complaint, the firm should (unless there are reasons not to because of the quality and plausibility of the respective evidence) give more weight to any specific evidence of what happened during the sale (including any relevant documentation and oral testimony) than to general evidence of selling practices at the time (such as training, instructions or sales scripts or relevant audit or compliance reports on those practices).



    Wow Bill ! That is just about the best reply/ advice I have ever seen. I am so grateful ! I will be going back to the Ombudsman ( they have sent me a form with their letter to do this ) - paying specific attention to your quote in bold.(3.3.5)

    I cannot thank you enough and will advise of any developments.

    Thanks again

    Red Frankie

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    Default Re: PPI Rejection by MBNA

    I'm glad it was useful, Frankie - thank YOU !!! TBH, I have a handful of those DISP APP 3 rules which I regularly copy into posts, as they often seem to be ignored by the lenders. For the FOS to ignore them is even worse, IMO, but not surprising. I have heard that the FOS is in chaos, and that the assessors have little training and limited ability. Hopefully, you'll get a reviewed decision.

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