Camdenite Vs MBNA Abbey

[Camdenite]

I had a cc with MBNA/Abbey which I am looking to claim back the PPI on. Aside from believing I was mis-sold (No indication given over the phone when they called me to discuss my application, that it was optional, and I was pressured in to agreeing to it in order for the application to be approved). I was also made redundant during the period I paid PPI and was told I was unable to claim as the account was in arrears and was about to be passed to a DCA (It never was).

Here's the time-line:

15/8/01 - CC account opened:Account limit set at £3,500

The balance was reached within a year and I struggled to make the monthly repayments on a consistent basis, and the card was retained some time in early 2003, and with the interest and PPI it spiralled out of control over the next couple of years.

28/2/04 - Made redundant. By now my CC balance was at an uncontrollable £5,500 approx and despite a couple of discussions with MBNA, I was unable to reduce the balance significantly. Unemployment was the final kick in the teeth financially, and with my mind more set on "doing a Reggie Perrin", sorting out a claim on the PPI was not something I had considered. The redundancy money I received was used to clear two other CC's and top up my Unemployment Benefit over the next few months.

Summer 2004 - Started a new job on more money and finally started to get to grips with making regular payments. The balance wasn't being reduced significantly (it was coming down about £50 a month), but I was at least able to keep the payments up.

Early 2006 - I finally looked at my statements and wondered to myself why I hadn't bothered to make claim when made redundant? It would have covered the payments for those four months and my current position would've been a lot better. I contacted MBNA and enquired whether I could make a claim for that period and questioned why they had not proposed such a claim at the time, when they KNEW I was unemployed. They were aware of my position after several conversations with me to discuss how I was going to pay back the over-limit sum. I was then told that I would not be able to make any claim under the PPI, but they would cancel it forthwith. the reason given was that my account was about to be passed to a DCA and that would invalidate the cover. No DCA ever got involved and I continued to try and clear the outstanding balance. It got better and with the onset of reclaiming bank & CC charges I finally made inroads.

Summer 2007. I finally clear the balance (after a little help from claiming back the charges they had imposed over the preceding seven years )

So, can anyone tell me where I stand? I don't have the original application form, CC agreement or sufficient statements to make a full claim. Is it statute barred as it was over six years ago. Is it a case of my word against their over the mis-selling or the refusal to accept a PPI claim when I was made redundant?

All help gratefully received (as ever).

[alanalana]

Hello camdenite,

welcome to the PPI forum,

I had a cc with MBNA/Abbey which I am looking to claim back the PPI on. Aside from believing I was mis-sold (No indication given over the phone when they called me to discuss my application, that it was optional, and I was pressured in to agreeing to it in order for the application to be approved). I was also made redundant during the period I paid PPI and was told I was unable to claim as the account was in arrears and was about to be passed to a DCA (It never was).

Here's the time-line:

15/8/01 - CC account opened:Account limit set at £3,500

The balance was reached within a year and I struggled to make the monthly repayments on a consistent basis, and the card was retained some time in early 2003, and with the interest and PPI it spiralled out of control over the next couple of years.

28/2/04 - Made redundant. By now my CC balance was at an uncontrollable £5,500 approx and despite a couple of discussions with MBNA, I was unable to reduce the balance significantly. Unemployment was the final kick in the teeth financially, and with my mind more set on "doing a Reggie Perrin", sorting out a claim on the PPI was not something I had considered. The redundancy money I received was used to clear two other CC's and top up my Unemployment Benefit over the next few months.

Summer 2004 - Started a new job on more money and finally started to get to grips with making regular payments. The balance wasn't being reduced significantly (it was coming down about £50 a month), but I was at least able to keep the payments up.

Early 2006 - I finally looked at my statements and wondered to myself why I hadn't bothered to make claim when made redundant? It would have covered the payments for those four months and my current position would've been a lot better. I contacted MBNA and enquired whether I could make a claim for that period and questioned why they had not proposed such a claim at the time, when they KNEW I was unemployed. They were aware of my position after several conversations with me to discuss how I was going to pay back the over-limit sum. I was then told that I would not be able to make any claim under the PPI, but they would cancel it forthwith. the reason given was that my account was about to be passed to a DCA and that would invalidate the cover. No DCA ever got involved and I continued to try and clear the outstanding balance. It got better and with the onset of reclaiming bank & CC charges I finally made inroads.

Summer 2007. I finally clear the balance (after a little help from claiming back the charges they had imposed over the preceding seven years )

So, can anyone tell me where I stand? I don't have the original application form, CC agreement or sufficient statements to make a full claim. Is it statute barred as it was over six years ago. Is it a case of my word against their over the mis-selling or the refusal to accept a PPI claim when I was made redundant?

All help gratefully received (as ever).

As the mis-selling of PPI is/going to be, a huge issue. I would suggest you proceed to make a claim.

Firstly I would ask is the cc account still active?
If it is then you can do the following to obtain the paperwork and any other data you will require.
If your cc account is still active you can send a request for a Consumer Credit Agreement see post 27 from this link...
alanalana PPI claim against RBS (looking for some help) please

If the account is closed then you can submit a Data Subject Access Request.... see this link...
Full S.A.R - (Subject Access Request) for ppi

The statutory fee for this is £10 and a Postal Order is recommended (no signature and no 5 working days to clear - time saver)

In the S.A.R - (Subject Access Request) it is important to ask for every detail you require that is held as data in whatever format you wish to ask for, paper, electronic, microfische, CD, Tapes and anything else you can think of.
Details of accounts, statements, credit agreements, Terms and conditions, policy documents, Telephone conversations, Letters, emails and anything else you can think of.

It is imperative you get everything that you may eventually have to rely on if you have to proceed to Court action.

If you read up on the thread above and many others you will see the financial institutions are employing delaying tactics. I am over five months down the line and still not sure if I have been provided with everything I asked for in my S.A.R - (Subject Access Request) hence I have a complaint with the Information Commissioner and a few other regulatory bodies.

Another useful thread (with humour) is......

MBNA PPI Unsecured Loans Eyes Wide Shut

sorry to lambast you with a big response hope it all helps. PPI is not a quick fix it has to be accuracy, facts, legalities and persistance.

Good luck If you post questions I cannot help you with there will be others to help you out I am sure..

aa

[Camdenite]

Thanks Alanalana. The CC account is now closed. I'll have a read of the threads you linked & I'll proceed with S.A.R - (Subject Access Request). I'm used to the log haul. I've dealt with a few bank charges cases and am used to the tactics employed.

In essence though, you think I have a case over mis-selling, right? Are they really prepared to pay out, when they can argue that I was fully aware of what I was signing and I have no proof otherwise?

[alanalana]

Hello camdenite,

Thanks Alanalana. The CC account is now closed. I'll have a read of the threads you linked & I'll proceed with S.A.R - (Subject Access Request). I'm used to the log haul. I've dealt with a few bank charges cases and am used to the tactics employed.

In essence though, you think I have a case over mis-selling, right? Are they really prepared to pay out, when they can argue that I was fully aware of what I was signing and I have no proof otherwise

I cannot commit to give you an answer to this, all I can suggest is you check out the likes of this links

specifically these two links:
Payment protection | Were you mis-sold PPI? | PPI - rules before 2005
Payment protection | Were you mis-sold PPI? | PPI - the rules


This should help you to get some idea on PPI and the mis-selling issue and decide for yourself.

You will know under what circumstances the loan was agreed and the PPI added if you think after investigating the PPI was mis-sold then stick in a claim.

aa

[Camdenite]

Hi all, I couldn't see a template for a PPI specific LBA. I sent my S.A.R - (Subject Access Request) off and they acknowledged in writing and stated that they would respond by the 20th July. Nothing so far.

Can anyone point me in the right direction?

Thanks in advance.

[alanalana]

Hello camdenite,

they legally have 40 days to respond in full to your S.A.R - (Subject Access Request). If you have not received every bit of data you asked for or you believe data is missing. you can then submit complaint to the Information Commissioners Office. You can also go down the Court route with a non compliance but you would need better advice on that aspect than I can provide.

aa

[Camdenite]

Thanks alanalana. The 40 days is up on Tuesday. I'll give them this week and see what turns up. I guess a complaint to Information Commissioners Office will get things moving.

[alanalana]

Hello camdenite,

it will but very slowly ( it has taken nearly 4 months and no final outcome yet from the Information Commissioners Office) please have a look at posts 47, 55 and 75 on my thread to see how I complained after I had submitted my Information Commissioners Office complaint directly.

alanalana PPI claim against RBS (looking for some help) please

Long thread but you may find something to help you along.

aa

[Camdenite]

I've received what looks to be a comprehensive set of statements and correspondence regarding my account. It includes a copy of the original CCA Form, which has my tick in the PPI box.

I know that I agreed to it, but believe I was informed that by doing so my application was more likely to be successful and was not told that I was free to seek other cover elsewhere.

What's my next step in getting these premiums refunded?

[alanalana]

hello camdenite,

I would send them a letter giving the reasons you believe the PPI was mis-sold. i.e. Advised that you would stand a better chance of getting the loan by accepting the PPI, Not advised you could obtain PPI elsewhere.

Please have a look at the information in these links reference mis-selling.

Payment protection | Were you mis-sold PPI? | PPI - rules before 2005
Payment protection | Were you mis-sold PPI? | PPI - the rules

hope this helps.

aa

[Camdenite]

I've finally got round to sitting down and going through my list of PPI charges and have discovered that MBNA have not provided any transaction data beyond the six year period. i.e. back to July 2002, not August 2001 when the account was opened. Can I obtain the additional info or is it statute barred. The CCA was enclosed and that dates from August 2001.

They also stop referring to PAYMENT PROTECTION COVER on the list of charges in May 2004 and from then on refer to CREDIT INSURANCE FEES. Are they one and the same, I assume so, but just want to check?

[Lula]

i would say yes they are the same

[Camdenite]

Originally Posted by Lula

i would say yes they are the same

Thanks Lula. I thought it was another dirty low-down trick

Any ideas re> the list of transactions?

[Lula]

list? ideas? eh?

or do you mean the spreadsheet you should put them on? I would hazad a guess at the same spreadie that your bank charges were on

[Camdenite]

Originally Posted by Lula

list? ideas? eh?

or do you mean the spreadsheet you should put them on? I would hazad a guess at the same spreadie that your bank charges were on

Sorry Lula, I meant the fact that I haven't got a full set of transactions from the life of the account. They only go back to July 2002 (six years), not to August 2001 when the PPI started. It's difficult to estimate, as I don't know what the balance was in the preceding months.

[Camdenite]

I've just received the first "no chance, you're not getting a thing" letter from MBNA.

I'm not sure what my next step should be? Any advice appreciated.

I'll post the letters shortly.