Thread: Is it fraud or theft?

Hi all,

I have decided to start a new thread as I have been getting more angry the more I think about what they (MBNA) have done. See earlier thread (Robin banks v Nat West & MBNA) basically they sent a copy of my original application (along with various other docs) in response to my S.A.R - (Subject access request) where I have quite clearly ticked No to PPI. So I have been paying for PPI that I did not want on a CC account opened in Nov 01, not only have I been paying the premiums but sometimes (when I have not repaid the full ammount) insurance aswell. I am livid and want to nail these edited obviously my primary concern is to get MY money back but would like to inflict some damage on MBNA in the process without jeopordising my claim.

I have searched the site for info and get the impression that I can not claim to have been mis sold, so would have to go down the fraud route which shifts the burden of proof to me. 1 thread with a similar scenario i.e. ticked No to PPI, had a counter claim that they were sold PPI at a later date over the phone. Does this mean they have to prove that they did not purchase PPI as claimed. Or does the company have to prove that the call took place.

I am a little confused and worried that my initial optimism on receiving the original application may turn sour.

Any advice would be greatfully received.

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I know it is temptingto go in with all guns blazing and to want to cause them some damage. However, it is probably counterproductive.

I think you first approach should be to send a copy of the agreement they sent you showing the PPI box unticked and a sample statement showing PPI being paid and ask them to rectify their mistake.

If they say that you cannot claim back anything over 6 years old, point out that s32 of the limitations act 1980 allows for remebdy of a mistake and that the limitation period is 6 years from when the mistake was discovered.

If they refuse to repay the charges, then you will need to send an lba and then go down the court route.

Please observe site rules and guidance on posting.

I, like you, get very angry the more I think about how these organisations behave and IMHO, I belive it is fraud!

BUT..... please follow the advice on here and follow the process for reclaiming. That way, when you do get your money back, the satisfaction will be that much greater and would not have caused yourself extra stress!

These companies will get there come uppance one day - just look at the amount of PPI claims now being won - this is going to snowball like the bank charges and hit them where it hurts - their profits! Yes, they will try to get there money back in other ways, but now they have a problem...

Sites like this and consumer knowledge!

Good luck with your claim!

Thanks for the replies folks and sorry to the mods for my small indiscretion, I was very angry yesterday. I have composed the below letter, is this OK or is there a more suitable letter on the site somewhere, I have looked but can't find one.

Re Account no XXXX XXXX XXXX XXXX

Enclosures

1) Copy of signed credit card application form.
2) Copy statement detailing PPI payment.

Dear XXXXXX

Thank you for your response to my Subject access request dated 27th August 2008. On reviewing the records you sent I notice that I have been paying Payment Protection Insurance (PPI) since opening the account in November 2001. I also note that on the copy of the original application I have declined the option of PPI by ticking the No box.

Due to an administrative error on your companies part I have unknowingly being paying for a product that I quite clearly did not want. I respectfully request that you correct this error by refunding all PPI payments plus interest your company has charged on these premiums to my account.

If I do not receive a satisfactory response within 10 working days I will be reporting this matter to the Financial Ombudsman Service and the Financial Services Authority.
I will also begin legal proceedings to reclaim the monies owed to me.

Yours faithfully



Thanks in advance for any replies

I persoanlly wouldn't bother with fos or FSA at this point - I would go straight to court. Also it is best to give 14 elapsed days as that fits with pre-action protocols (I know its the same thing). I suggest replacing last 2 paragraphs with

"If I do not receive a satisfactory response within 14 days I will send a letter before action giving a further 14 days for you to respond. If you do not respond positively to that, I will begin proceedings on the county court without further communication"