Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Help with Virgin (MBNA)

    Hello all,

    I have just finished an interesting conversation with MBNAicon. I took a loan in December 05 for £10K, I haven't got any paperwork or anything. I do remember applying online, being sent a paperwork to sign off and never got anything back from them. Today I've been told I only have paid back £3K even when I am paying £250 a month more or less. I asked the lady if there was a PPI on it, and guess what, yes it is around £2K which was added on top it and obviously add the interesticon. I told the lady if she was so kind to send me copies of all the paperwork as I really didn;t received anything, and that I was a bit confused as I thought I have been paid more of the loan. She told me she will sent me the paperwork, but that it may take 10 working days, because the Loan was taken in 05. Well let's see what they do and if I got all the info. I really don't remember putting the insurance bit...

    Anyone dealing with Virgin (MBNA) that can help me or advise me how are they like...

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  2. #2
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    Default Re: Help with Virgin (MBNA)

    Quote Originally Posted by zara_goza View Post
    Hello all,

    I have just finished an interesting conversation with MBNAicon. I took a loan in December 05 for £10K, I haven't got any paperwork or anything. I do remember applying online, being sent a paperwork to sign off and never got anything back from them. Today I've been told I only have paid back £3K even when I am paying £250 a month more or less. I asked the lady if there was a PPI on it, and guess what, yes it is around £2K which was added on top it and obviously add the interesticon. I told the lady if she was so kind to send me copies of all the paperwork as I really didn;t received anything, and that I was a bit confused as I thought I have been paid more of the loan. She told me she will sent me the paperwork, but that it may take 10 working days, because the Loan was taken in 05. Well let's see what they do and if I got all the info. I really don't remember putting the insurance bit...

    Anyone dealing with Virgin (MBNA) that can help me or advise me how are they like...
    Hello Zara,

    Isn't interesting what you find out when you ask. Maybe send them a full SARicon and they will have to give you all of the information, this would make it quite legal and they would by law have to comply.

    Another one to get your teeth into

    If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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    Default Re: Help with Virgin (MBNA)

    Hello zara_goza!

    This is based on less detailed advice I have just offered to another person, sorry if you have already read this but, if not, this is how I'd tackle it (with some additions as I find things to add, and this is general and not just for when dealing with the MBNAicon):

    (1) Keep everything in Writing (always use some form of Recorded Delivery), and never speak to any money-lender, banker or debt-collector, and especially the MBNA, via Telephone.

    These people are not your friend, as you will already have found out when they added the PPI Cover. That was just a large money earner for them, boosting their Profits on the Loan by a huge amount. They almost certainly made more on the PPI than on the Loan interesticon.

    Relate this to how much you still owe them, despite all that you have Paid to date, and I think you will get my point.

    Avoid any temptation to resolve things via the Phone. They will just tease you into some little trap or dead end of their making. Their staff spend all day on the Phones, after all, so they've had plenty of time to prepare the ground to catch you out.

    The phone is not accountable, unless you have the equipment to Record everything and the verbal confidence to outwit the outwitters.

    When writing to them, don't use your usual signatureicon. They may not have that! Use a slight variation or, better still, no Signature. Use Postal Orders to Pay for any Document Requests, as they do not need your Signature. Shocking as it may seem, some bankers/money-lenders, will create "old" Documents, rather than allow a Debt to become unenforceable by virtue of their inability to look after Key Documents.

    (2) Write in and Cancel the PPI ASAP, just to stop any further of your hard earned Cash going the MBNAs way. However, if this is a Loan, and they added it as a Lump Sum at the start of the Loan, then it may not be as simple as simply asking for it back. They will say it's all Part of the Loan, so can't just be Cancelled. Don't worry about that just yet, as you have other steps to take to plan your PPI Refund Claim.

    (3) Go for a Subject access requesticon (S.A.R.) using the Template Letters you will find in this Forum. There are a few, so aim for the one that asks for everything, including Voice Records, notes when your Account needed manual intervention, that sort of thing. They have 40 Days and it will cost you £10.00.

    (4) You may also feel it wise to request a True Copy of your properly executed Consumer Credit Agreement (CCA). It should appear along with the S.A.R. papers, but asking for it first may just put the Account into Dispute much earlier. Once in Dispute, you have the option of stopping Payments with no Penalty Interest added while they sort out their Document mess and you work on your PPI Refund Claim.

    There are CCA Template Letters for that too in the Forum, and the Cost to obtain your CCA is just £1. They have 12 Working Days to come up with that, after which the account is in disputeicon. Allow a couple of Days for Postage, then after a further 30 Days/1 Month (i.e. not Working Days this time), they have committed a Criminal Offence if they have still not come up with your CCA. The Debt still exists, but they can't enforce it unless they can find a CCA and then convince a Judge to re-start the Loan Payments where you left off. Please do read up, as it's all here in more detail.

    (5) After the CCA 12+ Days, I'd also send them a Stat Notice, again, there are Templates here and the Forum can help when you get to that stage. But the Stat Notice, or Statutory Notice, tells them that without a CCA, they do not have your Authority to disclose information about the Account to Credit Reference Agencies, and this also reminds them they can't issue a Default either as the Debt is not enforceable without a valid CCA. It may not stop them but, having told them this, and they still go ahead, will count in your favour down the line, and could just help to get a Default removed from your Credit File. Not that it will get that far.

    (6) While waiting for CCA and S.A.R., as applicable, bone up on PPI mis-Selling, and plan.

    Others will no doubt jump in to help, but the above may set you off.

    I'm gradually building a PPI case against the good old Boys over at MBNA, and the following Thread may help, if not now, then as more useful information appears.

    MBNA PPI Unsecured Loans Eyes Wide Shut

    Good luck, don't pull any punches now will you.

    Cheers,
    BRW



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