Landy_alert v MBNA PPI **WON**

[pompeyfaith]

i got the bump ouch !!! i will reply to this one after dinner ok PF

[pompeyfaith]

Right firstly I can appreciate you wanting to bank it to pay bills.

 

But knowing how MBNA works if you do that is considered by them as final.

 

How long ago did you send them the letter ?

 

PF

[pompeyfaith]

Right ill go to the FOS page that stipulates how redress should be paid. ill post the link here.

 

Then send that it MBNA along with a covering letter stating that as you can see from the FOS print outs this is how redress should be paid and what you are offering does not return me to the position i should be in.

 

Ill be back with the link in a while

 

PF

[pompeyfaith]

Right here is one for a credit card it clearly states any interest and or charges should be returned.

 

To that end, I require the firm to:

(A) reconstruct Mr D’s credit card account, by removing any premiums in respect of the PPI and any interest or charges in respect of those premiums;

(B) if that produces a credit balance for any period, to credit interest on that balance for that period at 8% simple per year; and

© send Mr D a statement showing the resulting balance on the account (with details of how it was calculated).

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/omb-decision-D.pdf

[pompeyfaith]

Here is another:

 

(A) reconstruct Mr E’s credit card account by removing any premiums in relation to the PPI, and any interest or charges in relation to those premiums;

(B) if that produces a credit balance for any period, credit interest on that balance for that period at 8% simple per year; and

© send Mr E a statement showing the resulting balance on the account (with details of how it was calculated).

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/omb-decision-E.pdf

 

Have a read though those two and send a copy of one to MBNA

 

PF

[pompeyfaith]

So you send a letter to MBNA stating that what you have offered does not return you to the position you should be in due to the contractual interest you have charged me and the FOS PRINTOUTS clearly shows what is a fair redress

 

simple

 

PF

[pompeyfaith]

Well you could bank it and return the acceptance form back to MBNA clearly stating this is accepted as part payment for the following reasons then enclose with that the covering letter and FOS PRINTOUTS.

 

PF

[pompeyfaith]

Also include in the covering letter the amount that is still outstanding in bold lettering.

 

Spell it out for them

 

PF

[pompeyfaith]

Does that all make sense Landy ?

 

By sending the print outs i gave you you are proving that they are wrong.

 

PF

[pompeyfaith]

Thank You Landy I must admit i could really do with that chq now.

 

I did phone the FOS again but got put threw to someone who was not dealing with my case and again all they said was it is being dealt with and you should here soon.

 

I did say that I do not understand why it has already taken a year because surely they have already admitted they where wrong by making a half baked offer so this case is only to establish the correct redress.

 

Anyway do not worry i will keep at them so long as i get the money in time for xmas i will be happy.

 

You take care

 

Regards

 

PF

[pompeyfaith]

Landy I am merely carrying out Alanalana and Maroondevo52 instuctions and covering the PPI forum while Alanalana is away on holiday but i will still of course be here when he returns this week as its Alanalana that calls for my help with interest calculations lol;)

 

PF

[pompeyfaith]

if they send mail to your address that should be prove enough if it is not id be asking the question why they they are sending your mail there

[pompeyfaith]

By the way, forgot to add - we've sent a letter accepting the refund in part settlement only, enclosing the FOS printout and copies of the letters sent from FOS explaining how redress is calculated and should be repaid.

 

Did you send this to bank or FOS if it was the bank i would also copy it to the FOS with a covering letter.

 

PF

[pompeyfaith]

Landy,

 

Your Welcome sorry if im creating more paperwork for you but as the FOS was handling this complaint for you its only right you keep them informed.

 

Also if they see you have sent the bank there FOS printouts there is no argument on both sides.

 

PF

[pompeyfaith]

No, don't worry - no probs at all - although most of my correspondence at the moment seems to be winging its way to the FOS. They're probably going to be mighty sick of me by the time I'm finished, but it's what they are there for I suppose so I shouldn't feel guilty!

 

Do not feel guilty at all if MBNA sorted out this complaint in the first place you would not have the need to complaint to the FOS besides have a smile that every complaint the FOS deal with MBNA get charged.

 

PF

[pompeyfaith]

Hiya Landy,

 

I have done the same as you letter ready to send of in the morning in my case I feel they have only looked at one side i.e. agreed with the bank there offer is fair lol far from it I have spent time and money for them to investigate both sides.

 

And there medical guidelines they are supposed to follow is hogwash.

 

There is a new chief ombubsman at the fos now as from the 1st November so lets see if he has teeth.

 

Good Luck.

 

PF

[pompeyfaith]

Landy,

 

Yes i have been busy with the MBNA/OPTIMA case lately, cannot do anymore now with that until i have had a response to the N244 aplication.

 

So time to get back on with the CO-OP/FOS.

 

Regards

 

PF