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I've attempted to post this twice already as a new thread but don't know what I'm doing wrong!
This is the first time I’ve posted on this forum – but it’s thanks to the advice of contributors that yesterday I received some positive news. However, I really need some advice on what to do next!
In a nutshell . . . using a template letter from thisismoney.com, I put in a claim to MBNA for mis-selling of PPI on a credit card (that I’ve held since 2002) at the end of November 2008. My reasons being that I was, and am, self-employed – and that I hadn’t requested the PPI.
Their reply on 11th December included what appears to be the standard answers such as ‘if you are self-employed . . . you must provide evidence that you are without work due to the business in which you were self-employed totally and permanently ceasing to trade as a direct result of it being unable to pay its debts as and when they fell due and declared this to the Inland Revenue’ and therefore ‘you are eligible for the PPC'.
They also said that their records indicated that ‘you requested PPC during a telephone conversation that you had with one of our specialists on 30 August 2002’ – sooo not true!
With the help of one of the forum’s template letters I then requested the CA which they forwarded to me on the 21st January. The PPI box was not ticked so I then sent an SAR request on 6th February.
While all this has been going on I’ve received countless phone calls and threatening letters despite the intervention of a debt advisor from CAB. The account is now in arrears – mainly due to the heavy penalty and interest charges.
Yesterday’s letter (the first to be actually signed by an actual person!) states ‘ . . . confirm we applied PPC to your account in error. Please accept our apologies for any inconvenience caused by this oversight. PPC has been cancelled (it was cancelled in December when I first raised the issue!) . . . A full refund of the premiums previously charged together with the associated interest has been credited to your account. Therefore, credits totalling £3,369.63 will appear on your next statement.
My questions are:
1) Is this an attempt by MBNA to not supply the SAR and if so should I repeat the request? (sent off the £10 for this)
2) How did they work out the figure and should I ask for a breakdown (without the SAR don’t know how I can calculate the sum)
3) Can I ask for a refund by cheque in order to pay off something from other debts and if so what’s the best way to word it?
I’d be really grateful for any advice anyone can give but, at the same time, hope this posting gives some hope to all those other people fighting MBNA
They still need to comply with your SAR. Perhaps you should remind them of that.
I would ask for the money to be sent by cheque, after all its your money.
Hi Phatram - many thanks for your reply. I will take your advice and get a letter off to them asap.
On closer inspection of the copy of the credit card agreement they sent I've found a few anomalies. It has 'Credit Card Agreement regulated by the Consumer Credit Act 1974 at the top but the first section has 'Request your Credit Card' as a title and lower down my initials against the statement 'I understand that this is an application for a credit card'
The whole thing looks like it's been Photoshopped. I filled in an application form in Homebase (the card was originally a Homebase credit card) and this appears to be that original application form with a few amendments! The signature is mine but it could have been superimposed - in a box with the heading 'This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms'.
Could it be that my SAR has scared them a little because this isn't a 'true copy'? Will remind them that they still need to comply.
Very interesting . . . need time to digest it all but one of the CAs looks similar to mine (also MBNA) - clauses 3.5 and 3.6, although referred to, aren't there.
Am I right in thinking that I should get the letter off re the refund cheque and SAR and wait until I've sorted this out before pointing this out to them?
MBNA PPI - Success but need advice!
for mis-selling of PPI on a credit card (that I’ve held since 2002) at the end of November 2008. My reasons being that I was, and am, self-employed – and that I hadn’t requested the PPI.
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