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Miaspa 2010

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  1. Well I finally got a final decision.... ...but I didn't because at the last hurdle the FOS removed me from the matter. In my email I got this....... The final decision and accompanying letter and acceptance/rejection forms were actually sent to the Official Receiver instead of you. This is because it’s the Official Receiver’s decision to either accept it or reject the decision. But please see attached a copy of the final decision. If you’d like me to send a postal copy, please let me know and I’ll send a copy to you. I have attached the decision as it's most amusing and the Ombudsman missed the point completely!! Moral of story don't bother wasting your time, at the end of the day I was never going to get any compensation. That's not what galls me, its the FOS attitude to rollover and accept what ever the banking institute says. The final email I received from Adjudicator which I have copied and pasted above has now made it a toothless argument as I can't even reject the decision. On the plus side I do now know that Christopher Reeve isn't superman.. ..he's Batman's arch enemy, the five letter one starts with J ends in a R. Final Decision.pdf
  2. And guess what still no final response.......from the email of my adjudicator yesterday. I’m sorry you haven’t received your final decision in the past few weeks as hoped. I’ve been told the final decision should be finished and sent in the next few days though.
  3. I was promised a final decision in one to two weeks, a week ago..my argument in post 971 was my last roll of the dice!
  4. The latest response, think another email to my long suffering MP. Thanks for your email. I’m sorry its taking as long as it is, I appreciate it’s been quite a while since the provisional decision was issued. It’s not MBNA holding up the decision. The ombudsman is carefully considering everything before coming to his final decision. Thank you for your continued patience, we’ll let you know when we’ve got a further update for you
  5. Still waiting, I got my provisional decision on 29th June, which I replied to by the deadline of 29th July. Today I get this ............. The ombudsman is still considering everything and hasn’t yet come to a final decision. Unfortunately, it’s not for me to say when the final decision may be made as it’s not something I have any control over. Thank you for your continued patience and we’ll be in touch again when we’ve got a further update.
  6. Completely off topic but £350 a corner??? What tyre size is that???
  7. Let say over the lifetime of the card. Spending £7,700 PPI £2,300 Interest £3 000 The ombudsman has used the argument MBNA are refunding 28% of the interest charged, when only 23% of the spending on the card was PPI. So he thinks a refund of £2,300 PPI plus associated interest of £840 is fair. Purely because MBNA are refunding a higher proportion of interest compared to PPI and actual spend. F%*k me if only life was that simple, hold on a minute Mr Smith your life is insured for £100,000 you lost your todger in the accident your claiming compensation on. On the basis that your flaccid todger is only 2% of your body I feel that an award of compensation of £3,000 is more than equitable. They are giving you 3% of your life cover when your todger only makes up 2%.
  8. That wasn't my final decision just one I saw when looking, mine is still provisional with all parties to respond by the 29th July. It seems to be the more technical you get with the FOS, the more uptight they get. I'm trying softly, softly, catchy monkey. I have been asked to clarify a couple of points, so might get somewhere. I may just get a similar response to you, who knows but agree with AC ask for an extension so you consider the decision in full.
  9. I'm a bit hesitant to post the provisional decision up at the moment as not sure if its allowed. But here is my response. In reference to your letter of XX/XX/XXXX, I wish the following to be considered before any final decision is made. At both adjudicator and ombudsman level one matter has never been addressed. On both calculations MBNA have omitted the following. The balance of the PPI and associated interest does not receive any statuary interest after MBNA sold the debt to Max Recovery in May 2011. There is no card balance to offset the PPI and associated interest from this point although MBNA do not recognise this. The other point relates to the restatement of penalties and payments. I quote from the decision I don’t think MBNA needs to look at Mr H’s reconstructed balance in the way he wants because the reconstructed balance never existed, Its created long after everything happened and it’s based on lots of assumptions. It doesn’t necessarily show what Mr H’s actual spending and behaviour would have been if he hadn’t had PPI. And I think it’s too far removed from what actually happened to use just to decide if PPI caused a Fee. And again For the reasons I’ve explained above, I think Mr H’s balance is to far removed from what actually happened to use just to say what Mr H would or would not have done if he hadn’t had PPI. If both these statements are correct then there is no justification for the restatement of payments allocated to the card by MBNA. The balance never existed and is too far removed from what actually happened. For MBNA to restate any payment there needs to be reasonable assurance that the reconstructed balance is correct, if the reconstructed balance is considered unsuitable for restating penalties then the same applies to restating payments. Conversely if the reconstructed balance is good enough to alter payments on the account, penalty charges need to be revisited. It seems unjust that MBNA can use the reconstructed balance to make such fundamental changes to the account, but the same courtesy is not given to the consumer. The Financial Ombudsman Service is supposed to give an unbiased consideration of any complaint. For the reasons stated above, this does not appear to be the case. http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=118798 Anyone from here? Being picked off one by one!!
  10. Well I have a provisional decision from the Ombudsman, all my minimums are going, but not the "fulls" and the penalty charges are a no go. On the upside it does give me some ammunition to tackle the "fulls" or the penalty charges but not both. I think I can argue one or the other. It refers to Jonqil Lowe as a University Lecturer.............I have left the decision at home but will to scan it and post it here. I will also email a copy to Jonqil. I have until the 29th July to respond and already drafted a response mentally.
  11. Well as I still hadn't got anywhere with having my ombudsman review I contacted my lovely MP and asked if she could ask Ms Wayman for an update. The response is below: Thank you for your letter of 23 May about your constituent and the complaint with MBNA. I understand we’d advised you that Miaspa 2010’s case was passed to an ombudsman in December 2015. You’d like an update as to where things currently stand as they are yet to receive a decision. Miaspa 2010’s case was passed to an ombudsman in December 2015 but, unfortunately, she went on long term leave due to ill health. As the case is a complicated one, we had to pass it to another one of our specialist ombudsmen and this has taken longer than we’d hoped. I’m really sorry for the delay that your constituent has experienced. I can confirm that Miaspa 2010’s case is now with another ombudsman. Once he has thoroughly reviewed the details of the case, he will send Miaspa 2010 his decision. As mentioned above, the case is a complicated one so it may still be a few weeks before the ombudsman is able to send his decision, but things are underway. I hope my response explains where things stand – but please do get in touch if you have any further questions. Please of course feel free to send a copy of my letter to your constituent
  12. My last email to my adjudicator my usual monthly request. That’s another month passed and still no update, it’s now two years since you were allocated as the adjudicator on this matter. From correspondence held I have been allocated an ombudsman for the past six months. When are we likely to have this matter resolved. And the response!!!! Thank you for your email. I do appreciate that it’s been a long time that we’ve had your complaint and I really am sorry it’s taking as long as it is. Unfortunately I don’t know how much longer it will take. It’s out of my hands and not something I’m able to escalate or move forward. Also, unfortunately the ombudsman that was looking at your complaint has been taken ill, so it’s likely the final decision will be made by another ombudsman. As always, I’ll let you know as soon as we’ve got more of an update for you.
  13. But isn't it interest in restitution? Therefore Sempra metals applies. The credit card company has made a unjust profit using your PPI payment to loan to other consumers at the prevailing compound rate! You are asking for interest in restitution so no cap applies?
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