PPI & MBlinkingNA

[Hopeful1]

Story so far:

CCA request made. No agreement sent, but have not disputed this...yet.

S.A.R request made. Statements / data sent.

Charges reclaimed - cleared most of balance, small amount outstanding.

Request for PPI to be refunded sent. MBNA had included a copy of original application form with S.A.R, NO was ticked for PPI box.

PPI refund refused.

NOW:

I need to respond. MBNA have said the following:

1. Hubby requested cover over the 'phone in '02, but they haven't recorded call. Staff would know to give correct details to customers about cover. Hubby has no recollection of such a call!

2. Verbal acceptance was enough they didn't need him to sign anything as T&Cs gave time to cancel. They have enclosed T & Cs from '06.

3. PPI premiums would have shown on statement. Customers are reminded to check statement carefully.

4. Further T & c s sent in 07 - could have cancelled then (we had cancelled in '06 and asked for refund which was refused "based on terms and conditions of contract" - at the time we just accepted this).


My Arguments will be:

1. No recollection of 'phone call. Surely if they had a record of a conversation we should have had details in the S.A.R request?

2. No credit agreement.

3. Did not query payments earlier as did not realise we could - hence mis-sold PPI.

4. T & Cs sent were not sent when card was taken out.

Please let me know if you have any thoughts or tips

[pennypenny]

MBNA are talking a load of b*****cks as usual. How convenient that they say PPI was requested over the phone when there is no proof, I think you have them by the short and curlies. I am still waiting for a response to my first letter requesting PPI and they say they are still investigating. Its taken them nearly 2 months, I dont know how long it takes them to find out they are in the wrong.

[Hopeful1]

Well, unfortunately for MBNA i haven't had a good week and i'm getting really hacked off with these big, cheating companies. I won't be holding back when i reply.

MBNA and Barclays are going to get my full attention over the weekend. Barclays won't even cancel the PPI.

We'll get there in the end Pennypenny i'm sure. What will we do with our time when we've resolved our financial issues hey??

[reduk054]

Hi Hopeful 1, you may have to edit this a bit, but could be helpful, as at least once you have satisfied their complaints procedure then you can contact within your rights the Financial Ombudsman.

COMPLAINT
Dear Barclays/MBNA, COMPLAINT

I took out the above loan for £xxx / or signed up for your credit card on dd/mm/yy. When I took it out, I did not sign up for Payment Protection Insurance. I phoned up on dd/mm/yy to ask to cancel it and was told that this is impossible. I am writing to complain.

I have been advised that I should be able to cancel the PPI contract at any time and receive a partial refund of the premium that I have paid. I would like to do this.

I would appreciate a reply to this letter within fourteen days. If you reject this complaint, I would be grateful if you could explain whether you provide an internal appeals process. If you do not, please supply me with a final response letter, so that I can take up the matter with the Financial Ombudsman Service.
Love and hugs
Hopeful1

[Goldlady]

I might start watching TV again Or then again perhaps not...

MblinkingNA have lost nearly 10k cos they couldn't find my CCA. After they breached who knows how many of my rights (including ringing my neighbours) I think they deserved it. It was all interest and charges anyway.

[Hopeful1]

Hey Red - i feel liek i'm at home now you are here!! Thank you for the letter. I know that FOS can deal with B'clays cause it's only couple of years old. MBlinkingNA is a different story. I will of course post my progress.

Goldlady - 10k? good on ya!! I bet it wasn't an easy fight. I will look up your thread over the next few days. As for time on this site, i am learning to multi task. Inbetween posts tonight i've been watching Sex & the City* and put up a new wardrobe for my little boy!!

* I don't know why i watch this because Carrie Bradshaw really irritates me sometimes!

So, with this much excitement as an alternative, i think it'll be a while before i leave CAG

[Goldlady]

Hopeful it didn't even get as far as a thread - it was a very quick victory. More on the way hopefully (pardon the pun). Irresponsible lending, mis-sold PPI - well time they paid for their rip offs methinks.

[Hopeful1]

Originally Posted by Goldlady

Hopeful it didn't even get as far as a thread - it was a very quick victory. More on the way hopefully (pardon the pun). Irresponsible lending, mis-sold PPI - well time they paid for their rip offs methinks.

I shall look forward to it all.

I think MBNA have made a few "smelling pistakes" too - now it's our turn

Good night all

[loz]

This sounds like the response I have had from MBNA - I "requested" PPI over the phone according to them, but they have no proof and have said so in writing. I cancelled it when they tried to sign me up to life insurance that I hadn't asked for.

Currently pondering my next letter...
Loz

[Hopeful1]

Hi Loz

I'm going to base my letter on Red's (see a few posts up). I won't however, but offering them the option of a partial refund, i'm trying for it all. I haven't got anything to lose, anything will be a bonus.

I will also be asking why info re phone call wasn't in S.A.R and can i have a copy of the call transcript which details the conversation. Cause without that or a recording (which they've admitted they don't have), telling the court they're psychic aint gonna cut it!!

My letter will let them know i am not giving up easily.

Good luck with yours. Let us know how you get on

[Hopeful1]

PROGRESS SO FAR....

Not a lot!! Seriously, I have made an extremely thorough response to all the points made in their letter re gimme my (OH's) money back. To be honest, i think my little boy could have made a more convincing argument than the one they've made. But hey, if the composition of the rubbish i received justifies someone's salary than fair play.

Let the games commence....

[reduk054]

Hi Hopeful1, good on your for requesting the whole amount, and not a partial PPI refund. Think that they really are going to struggle to prove that you/OH verbally agreed.
Now I have heard of companies attempting to apply signatures to documents, but not yet heard of voice recording substituting as Hopeful1/OH!!!
Red