Hi

I've reached the point with my claim against MBNA for mis-sold PPI (self-employed) that I must make a decision on what course the claim should now go.

I have 2 credit card accounts with MBNA that had PPI and the total I just checked is now up to approx £17k including interest they have charged me.

They put the claim on hold pending the judicial review, but I haven't heard from them since 2nd March 2011 where they told me they wouldn't deal with the claim until after the judicial review.

I've written to them about 6 times since March 2nd this year and not had a single reply. All letters sent recorded delivery, so I know they were signed for.

Looks like I have 2 options and wondered what people thought I would be best doing :-

1. Log the complaint with the FOS and let them deal with MBNA, but this will obviously take a very very long time now

2. Go to court, which I believe to be daunting as it's over £5k and much more of a formal affair than if it was a claim under £5k (maybe i'm wrong?)

Any advice appreciated.

Should I phone them and ask them when they intend to reply?.....i'm reluctant to discuss the case with MBNA over the phone as i don't trust them.

Thanks

Citybloke

Look at sections 140A and 140B of the CCA - these were inserted into the 1974CCA by the 2006CCA and came into force in 2008 retrospectively.

From my understanding of it and current use of this with A&L / MBNA you don't need to start a claim against MBNA you simply make an Application to the Court for a ruling that they have not treated you fairly using section 140A and then under 140B the Judge can make an order against them for repayment of charges, interest etc. It must be done in the County Court and Notice Applications can be as quick as 3 or 4 weeks. I think if you were suffering hardship you could ask the Listings Clerk for an early hearing date. Under the explanatory notes to these sections it makes it clear that the onus is on the creditor (MBNA) to demonstrate to the court that they have treated you fairly. Refusing to respond to letters or to resolve a genuine complaint of mis-selling PPI for months is not treating you fairly.

I will post a more detailed overview next week when I know the outcome of mine.

Cheers for the info Turtlesnapper...will look out for how you get on.

Citybloke

Look at sections 140A and 140B of the CCA - these were inserted into the 1974CCA by the 2006CCA and came into force in 2008 retrospectively.

 

From my understanding of it and current use of this with A&L / MBNA you don't need to start a claim against MBNA you simply make an Application to the Court for a ruling that they have not treated you fairly using section 140A and then under 140B the Judge can make an order against them for repayment of charges, interest etc. It must be done in the County Court and Notice Applications can be as quick as 3 or 4 weeks. I think if you were suffering hardship you could ask the Listings Clerk for an early hearing date. Under the explanatory notes to these sections it makes it clear that the onus is on the creditor (MBNA) to demonstrate to the court that they have treated you fairly. Refusing to respond to letters or to resolve a genuine complaint of mis-selling PPI for months is not treating you fairly.

 

I will post a more detailed overview next week when I know the outcome of mine.

OK I called MBNA a couple of weeks ago and they confirmed my PPI claim had still not been looked at, but they would send me an update in 10 working days. Their time is up as 10 working days have passed.

I started the claim beginning of this year and i haven't heard anything since 2nd March this year, despite sending 6 letters by recorded delivery.

The total claim is about £17k and I just don't know what to do as they simply won't communicate with me, so i don't have their final response yet.

Anyone got any suggestions for my scenario?

Cheers

Citybloke

Hi Citybloke

While waiting for turtlesnapper's update, why not give the fos an informal call, tell them of your problem and see if they can give you any advice as far as they see things. If MBNA are simply not communicating with you then I think you are perfectly entitled to fos having a look at it.

As you say, £17k is well outside small claims procedure

ims

Thanks ims.........will give them a call tomorrow and report back here what they say.

Called the FOS today and they said I had waited long enough and as MBNA had not replied to any of my letters, the FOS will take on my case. The guy on the phone at the FOS took all my details and game me my reference and is posting out the form to complete etc...

So i'm on the FOS system now with a reference number!

MBNA were clearly not taking any notice of me, so now I feel better handing over to the FOS.

I'm sure it will be a very long wait now, but at least it will be dealt with.

Cheers

Citybloke

Hi Citybloke

Well at least you know it has moved on a bit

Keep us updated

regards

ims

Quick question...i'm struggling to make my monthly payments to MBNA and they are putting the pressure on due to arrears....what should i do in this case?..........they have my PPI complaint sinnce Jan this year and the amount i'm claiming back far exceeds the balance on my account.

Just wondered if I could get them to put payments on hold until they give their final response on my PPI claim.

Hi

As your claim for ppi exceeds what you owe them I would just pay £1 per motnh until its resolved. By doing this you show that you are not trying to get out of the debt but due the account being in dispute and covered by your ppi claim you will make this reduced payment until the matter is resolved.

Regards

ims

Cheers ims............will write to them

I think it's fair as they have broken the rules by not dealing with my case.

Hi

 

As your claim for ppi exceeds what you owe them I would just pay £1 per motnh until its resolved. By doing this you show that you are not trying to get out of the debt but due the account being in dispute and covered by your ppi claim you will make this reduced payment until the matter is resolved.

 

Regards

 

ims

Hi All

Update on my claim is that MBNA eventually responded not upholding my main PPI claim against them, so I'd passed my complaint to the FOS about a month ago from memory and they wrote to MBNA. Beginning of this week I had a letter from the FOS saying it could take up to a year to get assigned to a FOS adjudicator which wasn't greate.

This morning i've had another letter from the FOS saying that MBNA would like to settle my complaint as a gesture of goodwill. No figure is mentioned, but MBNA have agreed to settle the complaint based on the general approach the FOS takes when they decide that a consumer has been mis-sold PPI.

So i'm taking this to mean ALL PPI premiums returned + compound interest + 8% statutory interest - If this is the case, then great result!

What are you guys thoughts on this?

Cheers

Citybloke

Hi

This is getting near a final result...excellent.

Before agreeing to anything you will want to see the figures. So many of these banks try and get you to sign agreement without telling you what the figures are.

Let them know that you want confirmation of the amount of the award and breakdown of how it is calculated before you are prepared to sign acceptance.

Regards

ims

Cheers ims........will be glad to see the back of these clowns as they have made my life a misery!

I will update as soon as I get more info.

Citybloke

Hi Citybloke,

I've had a long drawn out saga with MBNA culminating in them upholding my complaint (also credit cards, also self-employed) but got lucky and I didn't end up at the FOS. When MBNA upheld they supplied a basic breakdown (totals only for premiums, interest and 8%). I had to push them for an actual breakdown of their calculations to double check it and fair play to them they'd reconstructed as the FOS would have done plus I later pushed for additional interest to take into account how long it took them to actual settle up after they'd upheld the complaint. Don't settle for anything less.

If you need to ring them at all to chase anything call 0800 08451409 to go straight through to the PPI department and avoid the whole world of pain that is their normal customer services department. If you're doing everything through the FOS then you can keep the complaint on-going if the amount MBNA offer doesn't look right and get the FOS to keep chasing MBNA if they seem to be taking an age to do anything - you can check with your case handler at the FOS about that to be sure.

And well done!!!!!

Thanks for sharing your experience Freelance and the PPI Dept direct phone number!

It's looking good for a good result for me and I will keep my FOS complaint open until i'm happy with the firgure MBNA supply.

Cheers

Citybloke

Have you got anywhere with this now?

My 10 weeks for MBNA to make an offer is up tomorrow and I've not heard anything at all from them