Advice needed re PPi & mbna

[Sparklez30]

I am not too sure how to proceed. I sent MBNA re my A&L credit card the following letter:-

 

Thank you for providing copies of my statements re the above accounts to January 2002 however I requested all copies of charges added to my account or statements going back to when the account was first opened. I would therefore be grateful if you could forward me the missing paperwork.

 

I purchased the above Payment Protection Insurance policy from you but now believe that I was mis-sold this policy for the following reasons:

 

This is due to the fact that I was not given the correct information when the policy was sold to me, as

• having recently looked at the paperwork you sent for my credit card I now realise that I have been paying for insurance that I did not know I had taken out so could not have been explained to me.
  
• I was not told that the policy was optional
  
• I was not given full information on what the policy would and would not cover before signing up to for the card.

Unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums, and subsequent interest on these payments, that I have paid to date from the start of my contract. As I believe I have been deprived of this money I also expect 8% statutory interest, the amount a court would award, to be added to each payment made.

 

I look forward to a full and prompt response to this letter and for the matter to be concluded within eight weeks or I shall be contacting the Financial Ombudsman to investigate my complaint.

 

I would also be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

Yours faithfully,

 

 

Sparklez30

 

 

In response I received a letter saying my complaint would be looked into and I would receive a full response by 03/11/08 although upon closer inspection it appears they put the date in american format so was actually 11/03/08.

 

I sent this in reponse:-

 

I wrote to you on 11th February 2008 requesting a response to my requirement for the refund of the Payment Protection Insurance on the above credit card account.

 

I purchased the above Payment Protection Insurance policy from you but now believe that I was mis-sold this policy for the following reasons:

 

This is due to the fact that I was not given the correct information when the policy was sold to me, as

• having recently looked at the paperwork you sent for my credit card I now realise that I have been paying for insurance that I did not know I had taken out so could not have been explained to me.
  
• I was not told that the policy was optional
  
• I was not given full information on what the policy would and would not cover before signing up to for the card.

Unless you can satisfactorily justify to me that the policy was fair and reasonable I am requesting a full refund of all premiums, and subsequent interest on these payments, that I have paid to date from the start of my contract. As I believe I have been deprived of this money I also expect 8% statutory interest, the amount a court would award, to be added to each payment made. I have calculated the amount I require refunded from 14/03/02 to 17/08/03 as £358.57 plus statutory interest of £149.52 totaling £508.09 and have enclosed a breakdown of this. I will therefore require a part settlement cheque to be forwarded to me for £508.09.

 

As you have still not complied fully with my Data Protection Subject Access Request and have not forwarded me copies of all of my statements for the full duration of my account with you I am unable to calculate the amount I require to be refunded to me for dates before March 2002 and I have had to estimate totals from January 2003 to August 2003. I therefore will require copies of the statements from the start of my contract to March 2002 and January 2003 to the date the account was closed with yourselves or a breakdown of the PPI charges for these periods. If you are unable to provide the required information for these periods please propose a settlement figure for this part of my claim.

 

I look forward to a full and prompt response to this letter and for the matter to be concluded within eight weeks of my original request or I shall be contacting the Financial Ombudsman to investigate my complaint.

 

I would also like to point out that I am still awaiting a copy of my credit agreement as requested under the Consumer Credit Act 1974 (Sections 77−79). I understand a copy of my credit agreement should have been supplied within 12 working days of my request and that you are currently in default of my request.

 

I have received a letter from you stating that my complaint will be responded to by 03/11/2008. I am presuming that this date should have read 11/03/08 and if this is the case I would like to point out that you are writing to a UK citizen and to avoid any misunderstandings you should ensure that your dates are in the UK standard format of dd/mm/yy. If however you are proposing to respond to me on 3rd November 2008 for obvious reasons this would not be acceptable to me and I would be grateful if you could confirm that to me.

 

Please also note that I have a separate outstanding complaint in relation to charges on the above account and I will also be expecting a response to this by 11th March 2008.

 

I look forward to hearing from you in relation to the above complaints by 11th March 2008.

 

Yours faithfully,

 

 

Then yesterday I received a letter telling me it is still being looked into and I will receive a full response by 8th April 2008. It seems to me they are just stalling but I'm not sure how best to proceed?

 

Some pointers on what to do now would be greatly appreciated

[tiglet]

If they have not resolved your complaint within 8 weeks of the date of your complaint, contact the FOS who will charge them for the privilege of investigating them.

[alanalana]

Hi there Sparklez,

 

after you submit Subject Access Request in line with the Data Protection Act 1998. MBNA have 40 days to respond to your request. Not just to supply copies of statements but all data you requested. See stickies for template SAR. If they have failed to supply all data then you can complain to the Information Commissioners Office _ Ensuring Personal Data is handled correctly - Data Protection Act

 

This site will help you to complain about the lack of information.

It is a good site with templates for complaint just read and follow the instructions.

 

Good hunting

aa

[Sparklez30]

I did send a SAR but it was a little complicated as i sent it to A&L as i thought my card was with them. A&L sent in relation to my accounts with them and forwarded to MBNA for the CC. MBNA wrote to me saying on this occassion they would not charge me the £10.

 

I presume that that is still all adequate and as such will count down the 40 days from the letter I sent them once A&L told me they were responsible for that part. that means they should have sent by 4th March. Even if i take from the date they sent the info it only gives til 19th march so I will work on a complaint to information commissioner.

 

Thanks to both of you for the advice, I know i've read half the answers but when I go to find them when I need them i just can;t find the info!

[Sparklez30]

Just a quick update. I have reported to the information commissioner now as without all the information I am having trouble continuing.

 

Before I did this I wrote to them once again telling them they still hadn't complied with all the info I requested and once again asking for a refund of the PPI paid on the account.

[Sparklez30]

Still havent heard anything fro ICO but today received a cheque for just short of £370. The problem is it didn't come with anything but a compliment slip and I have had no letter from them (except another saying they are still looking into and will get back to me in 4 weeks!).

 

Its not the amoutn I claimed for PPI and its not the right amount I claimed for the charges on the card although its close to either so now I have no idea what I am still waiting to be refunded!!

[loz]

sounds like an unsolicited gift to me then

[tiglet]

Now that would be nice ...

 

No, seriously, be very careful - do not cash the cheque unless you write a letter to them stating you are accepting this as partial settlement of your claim only.

[Sparklez30]

Don't worry tiglet already done and sent a letter saying thanks for the payment I accept it as part payment of the money owed to me for the PPI & unlawful charges and have requested they confirm what part of my claim they intended to part settle with the cheque! I am presuming its for the charges as I have had no response re the PPI at all and its closer in value to the bank charges than the PPI although not exact for either!

[tiglet]

Don't bank that cheque until you get a response - they may well play dirty and claim they enclosed a letter stating it was for full and final settlement.

[Sparklez30]

From previous experience they send a letter first saying a cheque is being sent then they just send a cheque with the compliment slip. This is the second cheque they have now sent me - the first of which I banked and sent them a letter saying it was accepted in partial settlement.

 

I guess they are getting fed up with all my letters as they are just sending me out random cheques lol.

[hellhasnofury]

From previous experience they send a letter first saying a cheque is being sent then they just send a cheque with the compliment slip. This is the second cheque they have now sent me - the first of which I banked and sent them a letter saying it was accepted in partial settlement.

 

I guess they are getting fed up with all my letters as they are just sending me out random cheques lol.

 

Can I have some of your letters please:grin: , I don't mind being sent random cheques:lol: