Hey guys!

I have been paying PPI on my MBNA (Virgin) credit card since I took it out with them and never usually take insurance products out at all.

I phoned them to see if I had agreed to it on my application. They have told me that I was contacted by telelphone about 10 days after my card was activated and I agreed to the insurance over the telephone???

I don't recall ever having this conversation and they do not record all calls. It seems strange that IU would ever had agreed to it as I never take insurance. It simply isn't worth the money

Does anyone have any idea where I would stand legally, if neither one of us can prove it either way? They did say on the phone that I shouldn't have left it on there for 12 months if I didn't want it. This is true, but I stupidly only look at the balance and don't go through the transactions (I do now by the way)

Any ideas?

Look up OFT report on PPI published in October. The fact that you cannot recall having tel call, nor that they can supply written confirmnation that you wa nted PPI, is highlighted amid the report. It would be my view that you would be able recaim those payments and the interest on those payments. However, there are some amidst these threads that PPI financial control did not come into consumer regs until 200? cannot recall the date. Perhaps a mod would be able to supply you with the accuratae info.

Thanks buddy! I will have a gander!

Hey everyone!

I have done nothing about this yet, as i don't want to make any balls-ups at this early stage.

should I just send a CCA letter (with £1) and ask them to provide me with an original copy of the agreement (without PPI ticked/signed for) and also provide evidence that I had agreed to it over the telephone?

I take it that, if they cannot supply me with evidence (i.e. a phone recording) that I am within my rights to claim the money back?

Does anyone know if I can apply timescales to this, or is it the normal 12 days followed by a calender month?

Any help appreciated!

Cheers

Thomps

If you want the copy of the telephone conversation, you will have to send a (special delivery) Subject Access Request, enclosing with it a cheque for £10 for the statutory fee. This entitles you to a copy of ALL information they hold on you under the Data Protection Act am.1998; call notes, transaction history, payment details, everything. There's a template letter in the library - you'll have to adjust it slightly as it refers mostly to bank accounts.

They have 40 days from receipt to comply.

I got all MBNA PPI back for just asking for it and interest at 22.9%. But then I was over 60 and retired when i took out card. They paid up immediately, although they did say that it was on thier file that I had asked for PPI. That was totally wrong!!

hmmm.... So I have to send another SAR? I would have thought this wold have been covered by the CCA as it is part of the agreement? I guess if I have to send another SAR I must make it perfectly clear what I am after as they don't seem to take any of them seriously!

still not doen anything about this. Have to work on a letter to send them...

but we think it should be an SAR letter as opposed to a CCA -yes?

The CCA only entitles you to a copy of your credit agreement and documents related to the undertaking of that agreement, as far as I can see it - a SAR, however, covers everything they have on you.