Camdenite Vs MBNA Abbey ** PARTIAL WIN**

[Camdenite]

I had a cc with MBNA/Abbey which I am looking to claim back the PPI on. Aside from believing I was mis-sold (No indication given over the phone when they called me to discuss my application, that it was optional, and I was pressured in to agreeing to it in order for the application to be approved). I was also made redundant during the period I paid PPI and was told I was unable to claim as the account was in arrears and was about to be passed to a DCA (It never was).

 

Here's the time-line:

 

15/8/01 - CC account opened:Account limit set at £3,500

 

The balance was reached within a year and I struggled to make the monthly repayments on a consistent basis, and the card was retained some time in early 2003, and with the interest and PPI it spiralled out of control over the next couple of years.

 

28/2/04 - Made redundant. By now my CC balance was at an uncontrollable £5,500 approx and despite a couple of discussions with MBNA, I was unable to reduce the balance significantly. Unemployment was the final kick in the teeth financially, and with my mind more set on "doing a Reggie Perrin", sorting out a claim on the PPI was not something I had considered. The redundancy money I received was used to clear two other CC's and top up my Unemployment Benefit over the next few months.

 

Summer 2004 - Started a new job on more money and finally started to get to grips with making regular payments. The balance wasn't being reduced significantly (it was coming down about £50 a month), but I was at least able to keep the payments up.

 

Early 2006 - I finally looked at my statements and wondered to myself why I hadn't bothered to make claim when made redundant? It would have covered the payments for those four months and my current position would've been a lot better. I contacted MBNA and enquired whether I could make a claim for that period and questioned why they had not proposed such a claim at the time, when they KNEW I was unemployed. They were aware of my position after several conversations with me to discuss how I was going to pay back the over-limit sum. I was then told that I would not be able to make any claim under the PPI, but they would cancel it forthwith. the reason given was that my account was about to be passed to a DCA and that would invalidate the cover. No DCA ever got involved and I continued to try and clear the outstanding balance. It got better and with the onset of reclaiming bank & CC charges I finally made inroads.

 

Summer 2007. I finally clear the balance (after a little help from claiming back the charges they had imposed over the preceding seven years )

 

So, can anyone tell me where I stand? I don't have the original application form, CC agreement or sufficient statements to make a full claim. Is it statute barred as it was over six years ago. Is it a case of my word against their over the mis-selling or the refusal to accept a PPI claim when I was made redundant?

 

All help gratefully received (as ever).

[alanalana]

Hello camdenite,

 

welcome to the PPI forum,

 

I had a cc with MBNA/Abbey which I am looking to claim back the PPI on. Aside from believing I was mis-sold (No indication given over the phone when they called me to discuss my application, that it was optional, and I was pressured in to agreeing to it in order for the application to be approved). I was also made redundant during the period I paid PPI and was told I was unable to claim as the account was in arrears and was about to be passed to a DCA (It never was).

 

Here's the time-line:

 

15/8/01 - CC account opened:Account limit set at £3,500

 

The balance was reached within a year and I struggled to make the monthly repayments on a consistent basis, and the card was retained some time in early 2003, and with the interest and PPI it spiralled out of control over the next couple of years.

 

28/2/04 - Made redundant. By now my CC balance was at an uncontrollable £5,500 approx and despite a couple of discussions with MBNA, I was unable to reduce the balance significantly. Unemployment was the final kick in the teeth financially, and with my mind more set on "doing a Reggie Perrin", sorting out a claim on the PPI was not something I had considered. The redundancy money I received was used to clear two other CC's and top up my Unemployment Benefit over the next few months.

 

Summer 2004 - Started a new job on more money and finally started to get to grips with making regular payments. The balance wasn't being reduced significantly (it was coming down about £50 a month), but I was at least able to keep the payments up.

 

Early 2006 - I finally looked at my statements and wondered to myself why I hadn't bothered to make claim when made redundant? It would have covered the payments for those four months and my current position would've been a lot better. I contacted MBNA and enquired whether I could make a claim for that period and questioned why they had not proposed such a claim at the time, when they KNEW I was unemployed. They were aware of my position after several conversations with me to discuss how I was going to pay back the over-limit sum. I was then told that I would not be able to make any claim under the PPI, but they would cancel it forthwith. the reason given was that my account was about to be passed to a DCA and that would invalidate the cover. No DCA ever got involved and I continued to try and clear the outstanding balance. It got better and with the onset of reclaiming bank & CC charges I finally made inroads.

 

Summer 2007. I finally clear the balance (after a little help from claiming back the charges they had imposed over the preceding seven years :grin:)

 

So, can anyone tell me where I stand? I don't have the original application form, CC agreement or sufficient statements to make a full claim. Is it statute barred as it was over six years ago. Is it a case of my word against their over the mis-selling or the refusal to accept a PPI claim when I was made redundant?

All help gratefully received (as ever).

 

As the mis-selling of PPI is/going to be, a huge issue. I would suggest you proceed to make a claim.

 

Firstly I would ask is the cc account still active?

If it is then you can do the following to obtain the paperwork and any other data you will require.

If your cc account is still active you can send a request for a Consumer Credit Agreement see post 27 from this link...

alanalana PPI claim against RBS (looking for some help) please

 

If the account is closed then you can submit a Data Subject Access Request.... see this link...

Full S.A.R - (Subject Access Request) for ppi

 

The statutory fee for this is £10 and a Postal Order is recommended (no signature and no 5 working days to clear - time saver)

 

In the SAR it is important to ask for every detail you require that is held as data in whatever format you wish to ask for, paper, electronic, microfische, CD, Tapes and anything else you can think of.

Details of accounts, statements, credit agreements, Terms and conditions, policy documents, Telephone conversations, Letters, emails and anything else you can think of.

 

It is imperative you get everything that you may eventually have to rely on if you have to proceed to Court action.

 

If you read up on the thread above and many others you will see the financial institutions are employing delaying tactics. I am over five months down the line and still not sure if I have been provided with everything I asked for in my SAR hence I have a complaint with the Information Commissioner and a few other regulatory bodies.

 

Another useful thread (with humour) is......

 

MBNA PPI Unsecured Loans Eyes Wide Shut

 

sorry to lambast you with a big response hope it all helps. PPI is not a quick fix it has to be accuracy, facts, legalities and persistance.

 

Good luck If you post questions I cannot help you with there will be others to help you out I am sure..

 

aa

[Camdenite]

Thanks Alanalana. The CC account is now closed. I'll have a read of the threads you linked & I'll proceed with SAR. I'm used to the log haul. I've dealt with a few bank charges cases and am used to the tactics employed.

 

In essence though, you think I have a case over mis-selling, right? Are they really prepared to pay out, when they can argue that I was fully aware of what I was signing and I have no proof otherwise?

[alanalana]

Hello camdenite,

 

Thanks Alanalana. The CC account is now closed. I'll have a read of the threads you linked & I'll proceed with S.A.R - (Subject Access Request). I'm used to the log haul. I've dealt with a few bank charges cases and am used to the tactics employed.

 

In essence though, you think I have a case over mis-selling, right? Are they really prepared to pay out, when they can argue that I was fully aware of what I was signing and I have no proof otherwise

 

I cannot commit to give you an answer to this, all I can suggest is you check out the likes of this links

 

specifically these two links:

Payment protection | Were you mis-sold PPI? | PPI - rules before 2005

Payment protection | Were you mis-sold PPI? | PPI - the rules

 

 

This should help you to get some idea on PPI and the mis-selling issue and decide for yourself.

 

You will know under what circumstances the loan was agreed and the PPI added if you think after investigating the PPI was mis-sold then stick in a claim.

 

aa

[Camdenite]

Hi all, I couldn't see a template for a PPI specific LBA. I sent my SAR off and they acknowledged in writing and stated that they would respond by the 20th July. Nothing so far.

 

Can anyone point me in the right direction?

 

Thanks in advance.

[alanalana]

Hello camdenite,

 

they legally have 40 days to respond in full to your SAR. If you have not received every bit of data you asked for or you believe data is missing. you can then submit complaint to the Information Commissioners Office. You can also go down the Court route with a non compliance but you would need better advice on that aspect than I can provide.

 

aa

[Camdenite]

Thanks alanalana. The 40 days is up on Tuesday. I'll give them this week and see what turns up. I guess a complaint to ICO will get things moving.

[alanalana]

Hello camdenite,

 

it will but very slowly ( it has taken nearly 4 months and no final outcome yet from the ICO) please have a look at posts 47, 55 and 75 on my thread to see how I complained after I had submitted my Information Commissioners Office complaint directly.

 

alanalana PPI claim against RBS (looking for some help) please

 

Long thread but you may find something to help you along.

 

aa

Edited July 27, 2008 by alanalana
text in brackets added

[Camdenite]

I've received what looks to be a comprehensive set of statements and correspondence regarding my account. It includes a copy of the original CCA Form, which has my tick in the PPI box.

 

I know that I agreed to it, but believe I was informed that by doing so my application was more likely to be successful and was not told that I was free to seek other cover elsewhere.

 

What's my next step in getting these premiums refunded?

[alanalana]

hello camdenite,

 

I would send them a letter giving the reasons you believe the PPI was mis-sold. i.e. Advised that you would stand a better chance of getting the loan by accepting the PPI, Not advised you could obtain PPI elsewhere.

 

Please have a look at the information in these links reference mis-selling.

 

Payment protection | Were you mis-sold PPI? | PPI - rules before 2005

Payment protection | Were you mis-sold PPI? | PPI - the rules

 

hope this helps.

 

aa

[Camdenite]

I've finally got round to sitting down and going through my list of PPI charges and have discovered that MBNA have not provided any transaction data beyond the six year period. i.e. back to July 2002, not August 2001 when the account was opened. Can I obtain the additional info or is it statute barred. The CCA was enclosed and that dates from August 2001.

 

They also stop referring to PAYMENT PROTECTION COVER on the list of charges in May 2004 and from then on refer to CREDIT INSURANCE FEES. Are they one and the same, I assume so, but just want to check?

[Lula]

i would say yes they are the same

[Camdenite]

i would say yes they are the same

 

Thanks Lula. I thought it was another dirty low-down trick

 

Any ideas re> the list of transactions?

[Lula]

list? ideas? eh?

 

or do you mean the spreadsheet you should put them on? I would hazad a guess at the same spreadie that your bank charges were on

[Camdenite]

list? ideas? eh?

 

or do you mean the spreadsheet you should put them on? I would hazad a guess at the same spreadie that your bank charges were on

 

Sorry Lula, I meant the fact that I haven't got a full set of transactions from the life of the account. They only go back to July 2002 (six years), not to August 2001 when the PPI started. It's difficult to estimate, as I don't know what the balance was in the preceding months.

[Camdenite]

I've just received the first "no chance, you're not getting a thing" letter from MBNA.

 

I'm not sure what my next step should be? Any advice appreciated.

 

I'll post the letters shortly.

Edited September 21, 2008 by Camdenite

[Camdenite]

here's the letter:

 

 

&

 

Edited September 21, 2008 by Camdenite

[Camdenite]

Bump :o

 

Any help appreciated. Are they correct in that I cannot go to the FOS?

[alanalana]

Hello camdenite,

 

I would give the FOS a call and discuss it with them. They have stated that they do not usually deal with claims before 14 Jan 2005 when the FSA made a ruling on the PPI issue. But if the organisation was regulated by the FSA when the account was opened then they may look at your claim.

 

Most banks are responding with the bit about the FOS being unable to deal with your complaint as a way of putting people off going down this route.

 

It would certainly be worth a call especially as you have had their final response. This is the info.....

consumer helpline

 

open 9am to 5pm, Monday to Friday

 

• 0845 080 1800
  (calls cost up to 4p a minute for BT customers – but are likely to cost more if you use another phone provider or call from a mobile)
  
• 020 7964 0500
  (this number may be cheaper if you use a mobile phone or a phone provider other than BT – and will be "free" if you pay a monthly charge for calls to numbers starting 01 or 02)
  
• [email protected]
  (we will usually be able to deal with phone queries on the spot – so phoning might be quicker than emailing us)
  

we'll be happy to phone you back, if you're worried about the cost of calling us

Hope this helps you;)

 

aa

[Lula]

Hiya, I dont know enough about PPI to be able to comment, but knowing Abbey is it probably a load of bowlarks

 

Anyway, as a complete aside, guess who has been doing the rounds promoting the release of the new album lol

[hellhasnofury]

here's the letter:

 

 

&

 

 

I know that name, they work for MBNA, and are very good with final responses:roll: I have had a few

 

What are you going to do now????????

 

Have they sent you evidence that they sent you the ppi policy, terms and conditions and the updated versions in your SAR??????????

[Camdenite]

Hi all, Many thanks. I'll call the FOS tomorrow and see what they have to say.

 

Hellhansnofury - I've received the signed copy of the original CCA, but no updated version of the T&C's. The original T&C's are on the reverse of the CCA. As I mentioned previously my case for for mis-selling is over it affecting me receiving the CC. I'm not disputing that I agreed to it, just that I was mis-led. In lay-man's terms is this merely viewed as my word against theirs?

 

Lula - Yes, I know. Drop me a PM and and I'll see if I can pop one in the post next week.

Edited September 28, 2008 by Camdenite
typo

[Camdenite]

Just spoken with the FoS. Expecting a form to complete this week.

 

I'll keep you updated.

 

Lula - PM me. I have something waiting for you

[Camdenite]

I've had the form arrive today. It looks pretty straightforward, but are there any do's and don'ts when completing it?

[alanalana]

Hello camdenite,

 

I've had the form arrive today. It looks pretty straightforward, but are there any do's and don'ts when completing it?

 

No do's and don'ts, just be as accurate as you can and keep a copy when you send it off.

You may get questions on it later.

 

aa