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robin-banks

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  1. Another win here v MBNA(Credit card), thanks to the help of members of this forum £4205 in premiums and £472 interest + £150 gesture of goodwill has been repaid Now to resume the battle with Nasty West Donation to the site on it's way
  2. Thanks aa, I would not have been able to do it without yours and painty's invaluable advice :D:D
  3. Hi all, this thread has been dormant for about a year due to ill health and personal circumstances. I was considering resuming the battle when out of the blue, yesterday, I received the letter below. Dear Mr XXXX I am writing in relation to the previous response that was sent regarding your PPI complaint. It has been brought to our attention that in our original response we advised that the FOS would not be able to deal with your complaint due to it being out of the time limits for referral. This was an oversight on our part. Although we still believe this is the case, it is up to FOS to decide whether it is within their time limits for referral. We would like to apologise for this oversight and a gesture of goodwill we have awarded you £150.00. In light of this oversight we have also re-opened your complaint in order to review the original decision that was made. I can confirm that following this review a decision has been made to now uphold your complaint. The details of your refund are as follows PPC £4205.83 Associated interest £472.58 Gesture of goodwill £150 I can confirm that I have credited your account with the total amount of £xxx and this will appear as a credit on your next statement. Should you be unhappy with this final decision you do have the right to refer it to the FOS within 6 months from the date of this letter. Yours sincerely etc Success!!!! but only a partial victory. The PPI is a little over what I calculated, I’ve checked the account and the money has been transferred. However, the interest rate on the account was increased from circa 19% to 30% when I made the initial complaint. I sent the below letter at the time, but the rate has remained the same. Only final para is relevant. Dear Mr/Mrs xxxxxxx, Thank you for your letter dated xxth September 2008, I acknowledge the fact that you claim not to hold any recordings or transcripts of telephone conversations held between your company and me. However I must point out that the information you have provided is incomplete in that you have not complied with Information Commissioners Office guidelines. Under these guidelines I am entitled to any personal information that is held about me and if it is, to be given an explanation of any technical or complicated terms. You have provided me with a comms log and an abbreviation key, but the abbreviation key only covers approximately 25% of the abbreviations listed in the comms log. I request that you provide me with a complete list of all abbreviations used by your operatives when annotating comms logs. I further request that you provide a full explanation of all entries in the comms log. If I do not receive a satisfactory response to my request within 14 days I will be making a formal complaint to the Information Commissioners Office. Furthermore I am also in receipt of your company’s letter stating that you are increasing the interest rate on the account from 2.0751 per month to 2.5292 which is approximately 10% per annum. I deem this to be retaliatory behaviour on your part. This response is wholly unacceptable and if my account is not returned to the original interest rate with immediate effect I will be reporting your action to the FSA who take the matter of "retaliatory and punitive measure on the part of lenders to borrowers’’ complaints extremely seriously. Yours sincerely I have drafted the below letter, Dear Ms xxxxxx, I acknowledge the receipt of your letter dated the 30th of September 2009. However I refer you to my latter dated 20th Sept 2008, a copy of which is attached for your information. The final paragraph states:- ‘Furthermore I am also in receipt of your company’s letter stating that you are increasing the interest rate on the account from 2.0751 per month to 2.5292 which is approximately 10% per annum. I deem this to be retaliatory behaviour on your part. This response is wholly unacceptable and if my account is not returned to the original interest rate with immediate effect I will be reporting your action to the FSA who take the matter of "retaliatory and punitive measure on the part of lenders to borrowers’’ complaints extremely seriously’ This issue has not been addressed, I expect the interest rate to be returned to the original 2.0751% per month with immediate effect, and a full refund of all payments made at the higher rate. If I do not receive a positive response within 14 days I will be writing to the FSA and FOS informing them of your actions. Yours etc Thoughts anyone? Would one of the mods like to edit the title to won?
  4. Thanks Alan, The account is still open so that's good. I am looking forward to getting home now to check the comms log again, I strongly suspect that the call they are referring to is probably the card activation call. There was absoluteley zilch, zero, nothing, nada in the SAR pack referring to PPI.
  5. 216 pages and the internet connection in my office out here is almost as slow as dial up!!!! Might leave this till I get home. :) Surely for any type of contract (assuming ppi for a credit card is a contract) whether it be for PPI or pet insurance they have to send out t & c's and a contract for the applicant to sign. If the above is correct are they not legally obliged to keep a record of that contract/agreement for 6 years?:?
  6. Thanks Alan and Painty for your replies, I will post their full response on my return to the UK also the entry in the call log for the date they claim.
  7. OK folks bear with me on this cos I am out in India working at the moment, I am not due back for a week. I phoned OH tonight and MBNA have responded negatively to my request for money back. They claim that I agreed to PPI over the phone some weeks after the application form was filled out and NO was ticked (a fact that they aknowledge). I am sure that I would not have agreed to PPI at any time. There may have been a phone call on the date they specify, but there is nothing in the call log from my recollection that indicates ppi was ever discussed or agreed to. My general questions to put my mind at rest and so that I can start formulating a response for when I get home in a week. 1, Would I have to have signed a form agreeing to T & C's even though it is alleged it was sold over the phone? 2, If so, there was no such form with my SAR, do they have to prove that I agreed to PPI? 3, Would they bluff/lie to put me off the trail? Thanks in advance
  8. Hi all, Got a response from MBNA this morning to my claim for my money back, not my complaint about incomplete SAR. ''Thank you for our letter Blah blah. We are currently investigating your complaint and we will issue a response within 28 days'' Being a reasonable person I will wait 28 days for their response
  9. Hi Sandia, I am also going after MBNA for the same reason, have a look at this thread http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/158462-robin-banks-mbna.html From what you have said I think you have a good case if you want to go down the court route. I would send a SAR (template in the stickies) straight away. Keep checking your thread as there will be someone far more experienced than me along to hold your hand through the process of getting YOUR money back. Good luck
  10. Hi all, I have drafted the below, based on Alan's information if someone could have a look and advise on beefing up and/or improving I would be most gratefull. Dear xxxx Thank you for your letter dated xxxxxx, I acknowledge the fact that you claim not to hold any recordings or transcripts of telephone conversations held between your company and me. However I must point out that the information you have provided is incomplete in that you have not complied with ICO guidelines. Under these guidelines I am entitled to any personal information that is held about me and if it is, to be given an explanation of any technical or complicated terms. You have provided me with a comms log and an abbreviation key, but the abbreviation key only covers approximately 25% of the abbreviations listed in the comms log. I request that you provide me with a complete list of all abbreviations used by your operatives when annotating comms logs. I further request that you provide a full explanation of all entries in the comms log. If I do not receive a satisfactory response to my request within 14 days I will be making a formal complaint to the ICO. Yours etc etc
  11. Thank you Alan, Most helpful, I can't thank the likes of yourself, Paintball and Hellhasnofury enough. This site is a godsend to people who are unaware of their rights and the legal process.
  12. Thanks Alan, I have been through the comms log, but to be honest they don't make a lot of sense as everything is abbreviated. They did send a list of abbreviations but it only covers about 25% of whats in the logs.
  13. HI HHNF, Thanks for the response, reading some of the threads on here it appears that you help a great deal of people, so I am extremely grateful for your time in helping me. I have answered your questions (In blue). Should I send the non compliance to Edinburgh? Should I enclose a copy of the original SAR and a copy of their initial reply? Thanks again for your reply
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