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    • I understand confusion with this thread.  I tried to keep threads separate because there have been so many angles.    But a team member merged them all.  This is why it's hard to keep track. This forum exists to help little people fight injustice - however big or small.  Im here to try get a decent resolution. Not to give in to the ' big boys'. My "matter' became complicated 'matters' simply because a lender refused to sell a property. What can I say?  I'll try in a nutshell to give an overview: There's a long lease property. I originally bought it short lease with a s.146 on it from original freeholder.  I had no concerns. So lender should have been able to sell a well-maintained lovely long lease property.  The property was great. The issue is not the property.  Economy, sdlt increases, elections, brexit, covid, interest hikes etc didn't help.  The issue is simple - the lender wanted to keep it.    Before repo I offered to clear my loan.  I was a bit short and lender refused.  They said (recorded) they thought the property was worth much more and they were happy to keep accruing interest (in their benefit) until it reached a point where they felt they could repo and still easily quickly sell to get their £s back.  This was a mistake.  The market was (and is) tough.   2y later the lender ceo bid the same sum to buy the property for himself. He'd rejected higher offers in the intervening period whilst accruing interest. I had the property under offer to a fantastic niche buyer but lender rushed to repo and buyer got spooked and walked.  It had taken a long time to find such a lucrative buyer.  A sale which would have resulted in £s and another asset for me. Post repo lender had 1 offer immediately.  But dragged out the process for >1y - allegedly trying to get other offers. But disclosure shows there was only one valid buyer. Lender appointed receiver (after 4 months) - simply to try acquire the freehold.  He used his powers as receiver to use me, as leaseholder, to serve notice on freeholders.  Legally that failed. Meanwhile lender failed to secure property - and squatters got in (3 times).  And they failed to maintain it.  So freeholders served a dilapidations notice (external) - on me as leaseholder (cc-ed to lender).   (That's how it works legally) I don't own the freehold.  But I am a trustee and have to do right by the freeholders.  This is where matters got/ get complicated.  And probably lose most caggers.   Lawyers got involved for the freeholders to firstly void the receiver enfranchisement notice. Secondly, to serve the dilapidations notice.  The lack of maintenance was in breach of lease and had to be served to protect fh asset. The lender did no repairs. They said a buyer would undertake them. Which was probably correct. If they had sold. After 1y lender finally agreed to sell to the 1st offeror and contracts went with lawyers.  Within 1 month lender reneged.  Lender tried to suggest buyer walked. Evidence shows he/ his lawyers continued trying to exchange (cash) for 4 months.  Evidence shows lender and receiver strategy had been to renege and for ceo to take control.   I still think that's their plan. Lender then stupidly chose to pretty much bulldoze the property.  Other stuff was going on in the background. After repo I was in touch by phone and email and lender knew post got to me.   Despite this, after about 10 months (before and then during covid), they deliberately sent SDs and eventually a B petition to an incorrect address and an obscure small court.  They never served me properly.  (In hindsight I understand they hoped to get a backdoor B - so they could keep the property that way.)  Eventually the random court told them to email me by way of service.  At this point their ruse to make me B failed.  I got a lawyer (friend paid). The B petition was struck out. They’d failed to include the property as an asset. They were in breach of insolvency rules. Simultaneously the receiver again appointed lawyers to act on my behalf as leaseholder. This time to serve notice on the freeholders for a lease extension.  He had hoped to try and vary the strict lease. Evidence shows the already long length of lease wasn't an issue.  The lender obviously hoped to get round their lack of permission to do works (which they were already doing) by hoping to remove the strict clauses that prevent leaseholder doing alterations.   The extension created a new legal angle for me to deal with.  I had to act as trustee for freeholders against me as leaseholder/ the receiver.  Inconsistencies and incompetence by receiver lawyers dragged this out 3y.  It still isn't properly resolved.  Meanwhile - going back to the the works the lender undertook. The works were consciously in breach of lease.  The lender hadn't remedied the breaches listed in the dilapidations notice.  They destroyed the property.  The trustees compiled all evidence.  The freeholders lawyers then served a forfeiture notice. This notice started a different legal battle. I was acting for the freeholders against what the lender had done on my behalf as leaseholder.  This legal battle took 3y to resolve. The simple exit would have been for lender to sell. A simple agreement to remedy the breaches and recompense the freeholders in compensation - and there's have been clean title to sell.  That option was proposed to them.   This happened by way of mediation for all parties 2y ago.  A resolution option was put forward and in principle agreed.  But immediately after the lender lawyers failed to engage.  A hard lesson to learn - mediation cannot be referred to in court. It's considered w/o prejudice. The steps they took have made no difference to their ability to sell the property.  Almost 3y since they finished works they still haven't sold. ** ** I followed up some leads myself.  A qualified cash buyer offered me a substantial sum.  The lender and receiver both refused it.   I found another offer in disclosure.  6 months later someone had apparently offered a substantial sum via an agent.  The receiver again rejected it.  The problem of course was that the agent had inflated the market price to get the business. But no-one was or is ever going to offer their list price.  Yet the receiver wanted/wants to hold out for the list price.  Which means 1y later not only has it not sold - disclosure shows few viewings and zero interest.  It's transparently over-priced.  And tarnished. For those asking why I don't give up - I couldn't/ can't.  Firstly I have fiduciary duties as a trustee. Secondly, legal advice indicates I (as leaseholder) could succeed with a large compensation claim v the lender.  Also - I started a claim v my old lawyer and the firm immediately reimbursed some £s. That was encouraging.  And a sign to continue.  So I'm going for compensation.  I had finance in place (via friend) to do a deal and take the property back off the lender - and that lawyer messed up bad.   He should have done a deal.  Instead further years have been wasted.   Maybe I only get back my lost savings - but that will be a result.   If I can add some kind of complaint/ claim v the receiver's conscious impropriety I will do so.   I have been left with nothing - so fighting for something is worth it. The lender wants to talk re a form of settlement.  Similar to my proposal 2y ago.  I have a pretty clear idea of what that means to me.  This is exactly why I do not give up.  And why I continue to ask for snippets of advice/ pointers on cag.  
    • It was all my own work based on my previous emails to P2G which Bank has seen.
    • I was referring to #415 where you wrote "I was forced to try to sell - and couldn't." . And nearer the start in #79 .. "I couldn't sell.  I had an incredibly valuable asset. Huge equity.  But the interest accrued / the property market suffered and I couldn't find a buyer even at a level just to clear the debt." In #194 you said you'd tried to sell for four years.  The reason for these points is that a lot of the claims against for example your surveyor, solicitor, broker, the lender and now the receiver are mainly founded in a belief that they should have been able to do something but did not. Things that might seem self evident to you but not necessarily to others. Pressing these claims may well need a bit more hard evidence, rather than an appeal to common sense. Can you show evidence of similar properties, with similar freehold issues, selling readily? And solid reasons why the lender should have been able to sell when you couldn't.
    • You can use a family's address.   The only caveat is for the final hearing you'd need to be there in person   HOWEVER i'd expect them to pay if its only £200 because costs of attending will be higher than that
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MBNA - PPI Redress - Have they got YOURS wrong !!


citizenB
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http://www.consumeractiongroup.co.uk/forum/showthread.php?372400-MBNA-PPI-Award-“Interpretative”-Calculations/page25

 

The long running thread above is dedicated to the bizarre way in which MBNA calculate their PPI redress awards.

 

The FOS apparently do not see the figures, so from what I understand, they are just confirming that PPI is due and that MBNA will provide them with a figure.

 

One guy (next post) decided to investigate a little deeper and discovered that the original award of £3,000 was INCORRECT. This was confirmed by Ian Doherty(head honcho at MBNA) and he was advised there was another £8,000 due to him. He is waiting on his cheque to be processed right now.

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Uploading documents to CAG ** Instructions **

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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

1: How can BCOBS protect you from your Banks unfair treatment

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:D

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This is Hermans' story..

 

Hi all,

 

I have spent the past two hours reading this thread

 

http://www.consumeractiongroup.co.uk...lations/page25

 

Regarding Angry Cats post about Mbna not being able to count I can confirm this. In late 2009 I had settlement via the FOS of around 3k for PPI.

 

Queried within the 6 month period but got the usual guff about being in line with FOS guidelines so basically accepted that at face value. The fact that I was still paying off the account two years or so later in Jan 2012 was really bugging me,and I sent off an email to Ian Doherty(head honcho at MBNA) asking for a recalculation.

 

The reply stated matter would be investigated and a few days later had a letter from them stating original calculation was 8k short and cheque duly rolled up three weeks later.If it helps anyone I still have both letters so could post up.

 

Along with many others I have been royally shafted by PPI redress over the past few years and wish I had read threads like this whilst my complaints were still at the FOS,unlike now when they are time barred.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

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

1: How can BCOBS protect you from your Banks unfair treatment

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:D

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I am having to bring the relevant posts over by way of quotes otherwise they will appear above the post starting this thread :)

 

Herman

 

 

Welcome to the thread and thank you for the reply. Sight of your letters minus your id's would be most welcome. I believe with your permission if you allowed them to be part of GS reply to FOS they could be the factor requiring the adjudicator to look very closely at her reply, not wanting to be the person to be in the firing line if this starts to ballon into another scandal.

 

 

This would I think help in where AM was going with the idea for GS. To point out to the FOS adjudicator that we the consumer are aware of what MBNA are up to, that we the consumer are talking and spreading the word and that GS could be the start of another bank scandal that will not just engulf the bank but it could be seen to engulf the ombudsman service. Are they really impartial when they are activley shielding a bank not following its own guidance or the regulators rulebook so that that the bank can avoid paying out all what it has taken via a discredited insurance [problem].

 

 

We are telling the regulator, we are telling the ombudsman what to look out for and indeed pointing them, leading them to the point where this bank is not following what they are saying the banks should be doing. What more can be done. Press? Legislators, court action? Why would FOS wish to cover this up? Only one reason in it for them and that would be a strong allegation to make.

 

 

This should not be for the unsophisticated consumer to be having to do this it should be for the well paid regulators/ombudsman staff to not always side with the banks. Here is where Herman's letters would be useful. Evidence of an adjudicator who we as consumers trust siding with the bank who then years later has to admit that they calculated wrongly. The proof in the letter that the FOS didnt do its job.

 

If as the evidence is stacking up that this bank was up to something before and were doing it with FOS backing which then by the evidence now starting to appear has been proved to be wrong it beggars belief that 1) the bank has the cheek to attempt it again and 2) the regulator/ombudsman would trust anything other than a PS10/12 calculation from this particular bank.

 

Again thank you Herman for your post. As you say a pity this thread wasnt around in your day. Knocking ideas back and forth has been most helpful for me.

 

 

If as we suspect something really is remiss then the regulator/ombudsman would be hard pressed to avoid anybody asking for this to be looked at again even if they settled yonks ago. As the regulator I think I would be asking MBNA to recalculate every claim back to whenever they can prove they were doing it as per the regualtors rules. Just my view tho.

 

Scandal upon a scandal. Press would love that. And the banks wonder why no one trusts them as far as they can throw them.

 

 

GS your post about a new thread picking up any caggers. Suggest as site team (citizen B) is watching then they would be the best to advise you on that idea. I have a feeling and have seen site team referring to this thread on other MBNA PPI threads.

 

And yes Herman thank you for the kind offer most appreciated.

 

 

 

 

 

You are right Citizen B the FOS were involved with the initial award of around 3k.Theyre we're not involved when I asked MBNA to reconsider calculations for a second time in Jan 2012.Mbna just rolled over in response to my email of that time,which was a very nice email asking them to reconsider in light if some info I had on a different claim I made.There is more to this than I have summarised in my initial post on the subject.At no time did they mention I was out of time or quote the timebar.

 

Unfortunately I'm working now and tomorrow so can't do an I depth post with pics till Sunday but I promise I will.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

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

1: How can BCOBS protect you from your Banks unfair treatment

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:D

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Some more. If you click on the link in the quote, it will take you to the original posting in the Main thread.

 

 

Looks like MBNA perhaps used arguably dodgy re-dress methods earlier, then cleaned up act, found it hard to bear, and then, in mid 2012, thought enough people had looked the other way to start up ignoring (or at minimum well-bending, and being highly creative with) enough rules to make the cumulative effect somewhat better for them.

 

 

On a break at work :)

 

As I said earlier I'd had initial adjudication from Mbna via FOS in late 2009 and really wasn't happy with the calcs. Sent letter to Mbna within six month period and their reply was that was calculated correctly. Felt I had no option but to accept that as so.There were others in the same boat on CAG ,Landy for one,who is mentioned on this thread.

 

 

In late 2011 I had settlement via the FOS for another MBNA account,a Virgin card. Id only paid £120 or so in PPI premiums but the contractual interest came to about 4x the premiums. It was obvious they'd calculated the redress differently. Once I had cashed that chq, I sent the query to Mbna asking why they'd calculated the redress differently in 2009 and 2011 on 2 different settlements. Then came the reply with the recalculated redress for the first Mbna card which I posted earlier.

 

 

Hope this all helps

 

 

 

Herman

 

This is helping no end.

 

 

When things like this happen there is nothing like having facts to back you up when trying to work out a process.

 

 

MBNA seem fond of methods that do not treat the customer fairly. Your information plus Angry Cats link to the claims company proves that.

 

 

People like your goodselves must have felt like we were doing early on but followed it through and seem to to some extent been given the redress due.

 

 

I hope in time anyone following this thread will also be successful.

 

 

But what are the regulator's doing????????????? This is their job. This is what they are here for. If MBNA have been caught once surely a second time being creative is a big no no.

 

 

Early on in this thread we were asking people to email the regulator. I still have my reply so they cannot say they were not aware.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

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

1: How can BCOBS protect you from your Banks unfair treatment

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:D

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This is the one we have all been waiting for :)

 

 

 

This is the email I had from MBNA confirming recalculation. Will also post initial calculation they made in 2009 on Sunday

 

Jan 17

 

Brandrick, Matthew

 

 

 

Good Afternoon Mr Herman

 

 

I can confirm that we have re-calculated the refund for your account ending xxxx as requested. I can confirm that the details of the refund are as follows:

 

Total amount of PPI premiums charged since sale date: £2,537.74

 

 

Total amount of interest associated with the PPI premiums: £7,840.64

 

 

8% amount: £756.84

 

 

Less amount of refund already received: £3,210.57

 

 

Total amount payable to you (having deducted the amount of the previous refund) : £7,924.65

 

 

A cheque has been raised and will be sent to you under separate cover. We have requested the cheque is created and sent as a priority.

 

 

Regards

 

Matthew

 

Matthew Brandrick

 

Executive Complaints Case Manager

 

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

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

1: How can BCOBS protect you from your Banks unfair treatment

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:D

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Post 220 by Angry Cat in the original thread also indicates something was amiss and was spotted the same time as Herman decided his redress was incorrect.

 

As always I am sure CAG would like me to indicate they do NOT recommend this company its more of an indication that MBNA might not have been calculating things by the book back then.

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So very quickly using the new evidence emerging MBNA were up to calculating their own way up to late 2011/early 2012. They were challenged and eventually started to calculate correctly. They did this until about June 2012 when they decided they would have another go and calculating the way that suits them and hence the big thread.

 

So anyone reading this unless your award was calculated between start and June 2012 there is a very good chance you could be a bit light.

 

And FOS/FCA if your reading this. This has got through FOS and adjudicators dont seem to have done their job according to your rules.

 

Perhaps you could decide to closely look at whats going on before another scandal engulfs a bank but could also engulf FOS. Perhaps if you can work out what we have worked out that you could instruct this bank to follow PS10/12 as it should be doing but not only that make it recalculate everyones claims.

 

Makes you wonder if this was why MBNA was thinking it might leave the UK. It knew it was sitting on a ticking timebomb.

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So very quickly using the new evidence emerging MBNA were up to calculating their own way up to late 2011/early 2012. They were challenged and eventually started to calculate correctly. They did this until about June 2012 when they decided they would have another go and calculating the way that suits them and hence the big thread.

 

So anyone reading this unless your award was calculated between start and June 2012 there is a very good chance you could be a bit light.

 

And FOS/FCA if your reading this. This has got through FOS and adjudicators dont seem to have done their job according to your rules.

 

Perhaps you could decide to closely look at whats going on before another scandal engulfs a bank but could also engulf FOS. Perhaps if you can work out what we have worked out that you could instruct this bank to follow PS10/12 as it should be doing but not only that make it recalculate everyones claims.

 

Makes you wonder if this was why MBNA was thinking it might leave the UK. It knew it was sitting on a ticking timebomb.

 

Perhaps there should have been a Consumer Redress Scheme for PPI agreed at the same time as the judicial review in 2011.It would have saved a lot of aggravation with regard to redress.

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