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)

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  1. #1
    Basic Account Holder alan703 Novitiate

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    Default Ombudsman or Court?

    MBNAicon have declined my claim as I ticked the PPIicon box.
    I do not know if I ticked the box or if it was pre-ticked.
    I do know I was a member of the armed forces, and it is my understanding that the policy was useless to me as I would not have been able to use it.
    I eventually ended up in a trust deed (8 years ago) but that is done and dusted

    Can anyone confirm the insurance should not have been sold to armed forces personel?, and advise if I can go to court rather than the Ombudsmanicon, and link me to the court option templatesicon.

    I'm in Scotland

    Thank you


  2. #2
    Basic Account Holder alan703 Novitiate

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    Default Where to take my MBNA claim???

    I have recently been refused my MBNAicon PPIicon claim


    Our Ref: 2
    Dear Mr Alan703
    Account:************4780

    Thank you for your complaint regarding the payment Protection Insurance on this account.

    Our records show that Payment Protection Insurance was applied to your account at your request on 7 May 1998.

    The application form you completed offered you an option to tick the box to purchase Payment Protection Insurance. This option to tick the box would have made it clear to you that you could choose whether or not to make the purchase. Given that you ticked the the box and signed below to confirm, I am satisfied that you actively chose to purchase Payment Protection Insurance and understood that it was optional when you did so.

    At the time the Payment Protection Insurance was added to your account, you were eligible for the cover (you stated on your application form that you were a UK resident, in permanent employment and aged between 18 and 70). When you opted for payment protection cover, we did not offer advice about the policy, we provided you with information only. In other words, yours was a non-advised sale. Having reviewed the information you have provided, our processes and the disclosures which we made to you at the time, we are satisfied that you had sufficient information to make your own evaluation of and decision about the product on offer. On this basis, I regret to advise that I am unable to uphold your complaint or issue a refund of the premiums you paid.

    I appreciate that this is likely to come as a disappointment to you. I know this is not the outcome you were hoping for. Nevertheless, I am hoping that my explanation has been helpful in setting out clearly why I have taken this view.

    Furthermore, please be aware that PPI is still active on the account. If you wish to cancel the policy please contact us on 0800 062 621, Monday - Friday, 9am - 5pm.

    This is our final responseicon to your complaint. If you remain dissatisfied, you now have the right to refer your complaint to the Financial Ombudsman which you must do within six months of the date of this letter. For more information about how to do this, please read the enclosed Financial Ombudsman's leaflet.

    Their address is:

    Financial Ombudsman Service
    Customer Contact Division
    South Quay Plaze
    183 Marsh Wall
    LONDON
    E14 9SR

    Yours Sincerely

    Tristen Lynes
    Assistant Vice President
    1. I do not remember how or why I ticked the box - no proof and 14 years ago. - was it pre-ticked?
    2. That was the letter - no evidence from them (credit agreement / transaction list etc)
    3. Was I eligible being a member of the Armed forces?
    4. PPI is still running on my account. Really?? I entered a trust deed which closed the account in 2004, and was discharged in 2007

    That's just my snags with that letter.

    Check my case numbers

    Date : Reference: A/C Number : Account Type : Reason For Letter : Signed

    03/04/2012: 1: Advised case number = Loan Account Loan : Acknowledgement : Rachel Nixon
    05/04/2012: 1: ************3997 & ************2710 : Credit Card / Loan : Delay until 04/05/12 : Mark Pierce
    27/04/2012: 1: ******4780 : Credit Card : final responseicon - No PPI : Tristen Lynes


    27/03/2012: 2: Advised case number = Credit Card : Credit Card : Acknowledgement : Mark Pierce
    16/04/2012: 2: ************4780 : Credit Card : Delay until 14/05/12 : Mark Pierce
    02/05/2012: 2: ************4780 : Credit Card : Final Response - Not Upheld : Tristen Lynes

    03/05/2012: 3: ************2710 : Loan : New Acknowledgement : Mark Pierce

    1. Case 1 went from being a loan, to an acknowledgement for a Loan and a credit Card, to Not upheld for a different Credit Card (4780) - No PPI on Account.
    2. Case 2 remained to be a credit card the whole time. PPI on account, but claim denied. Credit Card (4780) - the same card they told me has no PPI in case 1's final response.
    3. Where did my loan claim go?
    4. Case 3 is a new case, supposedly investigating my Credit card and loan after I challenged the denied claim. The account number attached to it is the loan (2710)


    Then there's the fact I asked how to obtain copy credit agreements and transaction lists or statements. The answer was Section 78, costing 1. Which I now believe to be incorrect as the accounts are closed, which means they do not have to comply.


    I have hard evidence of all of the above, so although I cannot prove my actions or reasons for my actions at the time I supposedly ticked the box, I can rip apart every bit of correspondence they have sent me - proving their investigtion is clearly not thorough or accurate.

    I have given them a demand to come back with an answer by 10/05/12 - original deadline, or I will go to fosicon. They are not aware of the blunders above. They are aware that I am challenging their decision because I was in the armed forces, and the fact they threw money at me when I was only 18 (regularly increased credit limit by a few hundred when I asked, and also increased it by 1000's that I only noticed when a statement came through), resulted in me spending it and ending up in a trust deed. Never once occurred to them to find out how I was going to pay it back.

    However, if I go to FOS, do they just trust MBNA to investigate it themselves and pay me accordingly? Which they clearly cannot be trusted to do!

    What is my best route to take? Is court complicated or expensive? and would it provide a better result, or end up at the same one? Time isn't that much of an issue - MBNA getting what they deserve is!!!


    Thanks

    Alan703

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  3. #3
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    Default Re: Where to take my MBNA claim???

    I do not think you WOULD have been eligible if you were a member of the armed forces.

    We do have a couple of ex and serving members so I will ask for you.

    Also, as you say, there is little proof, that you actually did tick the box, anyway.

    Dont give up at this stage - this is so typical a first response from the banks now.. Hold tight till I find some more advice for you.

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  4. #4
    Basic Account Holder alan703 Novitiate

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    Default Re: Where to take my MBNA claim???

    I'm pretty sure that because they knew I was armed forces, they should have cancelled the policy - even if I had asked for it - because they knew I couldn't claim on it. (even if I didn't realise because I may or may not have read the terms and conditions fully.)


  5. #5
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    Default Re: Where to take my MBNA claim???

    I have read further into your post above, and notice some of the blunders they have made, again this is so typical.

    As it is likely you will be asked..

    Did you prepare a spreadsheet and complete the fosicon form when you sent your request for the refund of the PPIicon ?

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    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
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    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  6. #6
    Basic Account Holder alan703 Novitiate

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    Default Re: Where to take my MBNA claim???

    I cannot prepare a spreadsheet as I have no statements. Which is why I have sent off a section 78 on the advice of MBNAicon, and subsequently learned on here, that it will go unanswered as the accounts are closed.

    Thanks to my Santandericon Claim, I can prove a few balance transfers to the MBNA credit card, and the closing balance when I enetered my trust deed, but that is all.

    I cannot say for certain I had PPIicon, but they've just confirmed I have for me. (if you believe claim no 2)


  7. #7
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    Default Re: Where to take my MBNA claim???

    Did you do a Subject access requesticon ?

    This is a request for ALL data that they hold on you - it will cost you 10.00 and there is a draft letter in teh CAGicon libraryicon.

    They will not be able to refuse to provide information due to the closure of the account

    They have 40 calendar days to respond to your request or they can be sued for non compliance

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    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
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    5: Forum rules - These have been updated - Please Read

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    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
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    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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  8. #8
    Basic Account Holder alan703 Novitiate

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    Default Re: Where to take my MBNA claim???

    Can you link me to the letter. I have already wasted 10 by their instruction trying to obtain it via section 78.

    At least now I know they definately hold the data.


  9. #9
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    Default Re: Where to take my MBNA claim???

    http://www.consumeractiongroup.co.uk...ata-Protection

    Here you go

    If there is something that you think requires specifically mentioning then include it in the list.

    However, the DPA request should automatically encompass ALL data they have in retrievable filing systems.

    If you need any further help, just shout.

    Site team are aware of your thread, and will look in as soon as they can .

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    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
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    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read

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    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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  10. #10
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    Default Re: Where to take my MBNA claim???

    Here you go..

    IMHO, once you have received your SARicon information, you should write to them again, advising that it is unlikely you would have ticked any box and that you require them revisit their decision.

    Quote Originally Posted by ims21;
    Armed forces personnel are paid regardless of whether they are sick and they are not made redundanticon as such.

    As far as I am aware they get paid as normal even if they are injured.

    In which case PPIicon is useless to them


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    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read

    BCOBS

    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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  11. #11
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    Default Re: Where to take my MBNA claim???

    Quote Originally Posted by ukaviator;
    Being in The Armed Forces means you are classed as a Civil Servant and in the event of injury, redundancyicon or sickness, your employer (UK Government) will cover your repayments. So miss sold on the PPIicon because you could never claim it.
    And another from the site team

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    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
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    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read

    BCOBS

    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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  12. #12
    Basic Account Holder alan703 Novitiate

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    Default Re: Where to take my MBNA claim???

    When I told them this (on the phone), they didn't really understand. They kept asking how long I got full pay for etc.

    How could I get a copy of what the terms and conditions were at the time I took it out? Or is it guaranteed I'd have been unable to claim?


  13. #13
    Basic Account Holder alan703 Novitiate

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    Default

    I have referred my case to the fosicon, who will only deal with the PPIicon.

    They say I can complain to the FSA about MBNAicon and the amount of errors they have made.

    They should be made to do it properly.

    1 man, can make a difference! (maybe)


  14. #14
    Basic Account Holder Michelangelo48 Novitiate

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    Default Re: Where to take my MBNA claim???

    you are not alone there are hundreds_if not thousands with you. MBNAicon are consumate liars! they just sold 55 milliion of debt to Idem serving in feb 2012 and more in may 2012! stick to your guns! I have just been put, through their process as well! very similar treatment and final response , as yours issued today! have already gone to fosicon


  15. #15
    Basic Account Holder alan703 Novitiate

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    Default Re: Where to take my MBNA claim???

    Boom! Let's hope they give an honest refund


    Good morning Mr Stewart,
    *
    Thanks again for your e-mail and highlighting your concerns to us. First of all I would like to apologise for any confusion caused and hope I can clarify things for you.
    *
    Having reviewed all of your accounts I can see that:
    *
    On account ending **** (your loan)
    *
    There was no PPIicon on this account, so no refund is due.
    *
    On account ending **** which was previously account ending ****.
    *
    This complaint was uphold in favour of our firm, however I am pleased to confirm following a further review we will now be upholding the complaint in your favour.
    *
    I am in the process of finalising the redress amounts and you will hear from us shortly. Normally a cheque can take up to 28 days. However if you have any further questions please e-mail me back.
    *
    Kind regards
    *
    Paul


  16. #16
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    Default Re: Where to take my MBNA claim???

    Hmm, that is a bit of a turn around isnt it

    Keep us updated as to the progress of this, please

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    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read

    BCOBS

    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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  17. #17
    Basic Account Holder alan703 Novitiate

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    Default Re: Where to take my MBNA claim???

    Persistance and very close analyses of all communications. I haven't even received my SARicon yet.

    If I win, I will post up email addresses of contacts, I've saved days being able to email back and fore instead of posting.


  18. #18
    Basic Account Holder alan703 Novitiate

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    Default Re: Where to take my MBNA claim???

    What I need to know now is

    The MBNAicon Loan was to pay the credit card that Had PPIicon.

    I then re-used the credit card again. I thenI transferred 3000 from the credit card i was paying ppi on to a cahoot flexi loan, then a further 1100.

    How do I calculate the extra interesticon I subsequently paid


  19. #19
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    Default Re: Where to take my MBNA claim???

    Quote Originally Posted by alan703 View Post
    What I need to know now is

    The MBNAicon Loan was to pay the credit card that Had PPIicon.

    I then re-used the credit card again. I thenI transferred 3000 from the credit card i was paying ppi on to a cahoot flexi loan, then a further 1100.

    How do I calculate the extra interesticon I subsequently paid
    This is too deep for my brain I am sure one of the PPI gurus will be along soon to respond

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    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read

    BCOBS

    2: Does your Bank play fair - You can force your Bank to play Fair with you
    3: Banking Conduct of Business Regulations - The Hidden Rules
    4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly
    5: Fair Treatment for Credit Card Holders and Borrowers - COBS



    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
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  20. #20
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    Default Re: Where to take my MBNA claim???

    Quote Originally Posted by alan703 View Post
    What I need to know now is

    The MBNAicon Loan was to pay the credit card that Had PPIicon.

    I then re-used the credit card again. I thenI transferred 3000 from the credit card i was paying ppi on to a cahoot flexi loan, then a further 1100.

    How do I calculate the extra interesticon I subsequently paid

    Hi

    So the loan didn't have PPI so no issues there?

    The credit card you just treat as a distinct matter from the flexi loan since the PPI would have been charged to it on a month by month basis, the amount charged would depend on the balance from month to month.

    You won't be able to work out the interest unless you have all the statements for the card.

    You took a flexi loan to make payments to the card....did the flexi loan have any PPI on it?

    ims

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