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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Landy_alert v MBNA PPI **WON**


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Hi PF:)

 

We sent it to the bank - but will do as you suggest and send a copy with covering letter to the FOS.

 

Thank you for pointing that out!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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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

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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Hi PF:)

 

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!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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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

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

CARTER V Co-Op

BANK CHARGES

REFUNDED £3567

 

POMPEYFAITH V Co-Op PPI

OFFER MADE BUT REFUSED

ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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  • 1 month later...

Hi Landy,

How are you ? Have you had any further news on this yet ?

I'm still waiting for my cheque from MBNA, i suppose they will drag their heels and make me wait as long as possible.

FOS said i should hear from them within 4 weeks :rolleyes:

I was just wondering did you pursue compensation from MBNA via the FOS or did the FOS arrange it ?

Livis xx

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Hi Livis:)

 

I'm fine thanks, hope you are too?

 

We haven't heard anything other than an acknowledgement from the FOS on receipt of the copy of MBNA's offer letter sent to them at the end of August.

 

We wrote to MBNA saying that their offer would be accepted as partial settlement only, but there has been no further cheque nor any correspondence at all from them.

 

In fact Mr L is off later in the week so I think he should give the FOS a call (as it's his account and I'm doing all the legwork for him!) to try to establish what's going on.

 

When we received the payment from them back in August it was for premiums plus 'associated interest' and £100 compensation - this was on the recommendation of the FOS.

 

Did you get your interest issue sorted out?

 

It was about 3 weeks after the FOS's letter that Mr L received his cheque, so hopefully you will receive yours soon!

 

Take care,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi Landy thanks for getting back to me.

I don't know what will happen with regards to the interest, i've decided to wait and see what turns up and then go from there .

I have my fingers crossed that they pay back contractual interest but i doubt they will.

Have you found anyone else on the forum that has had this type of interest paid back on a ppi missold account?

Have a good day,

Livis xx

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Hi Livis:)

 

There are definitely some people who have received both contractual and 8% statutory interest - if you have a look at the 'PPI successes' thread you will find a few.

 

At the moment Camdenite is going through something similar regarding MBNA/FOS and contractual interest on PPI - have a read of their thread in this forum (apologies, I still have problems doing a link:D).

 

Generally speaking I think this whole contractual interest issue is a very grey area - we have just received a payout from Sainsbury's Bank for credit card charges that includes contractual and 8%, yet the same bank are refusing to pay us back contractual on a single premium PPI policy on a loan. M&S have also recently made us an offer for PPI premiums plus 8% on a credit card, but have stated catagorically that they won't refund contractual interest.......

 

The FOS doesn't seem to know what they are doing regarding interest and seem to be giving out mixed messages on the subject:???:

 

We could always do as BankFodder suggests and forget contractual interest and go for restitutionary damages instead!

 

Take care,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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  • 2 weeks later...

Hi everyone:)

 

Just updating this thread, particularly as MBNA and the contractual interest question seem to be the topic on everyone's lips at the moment;)

 

I have today emailed the FOS adjudicator dealing with Mr Landy's MBNA PPI complaint reiterating that Mr L only received his premiums (£612 approx) plus 'associated interest' of £33 approx plus £100 compensation - he didn't even get 8% interest:(

 

I mentioned (again!) that I thought the refund was supposed to put you back into the position you would have been in had the PPI not been mis-sold, which as I understood meant refunding the contractual rate of interest that had been charged.

 

So far there has been no response from the FOS adjudicator - they've probably gone home early 'cos it's friday!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi Landy,

interesting to see what they come back with.

I still haven't had a reply to my e mail which i sent to them yesterday morning.

If enough of us keep pushing the contractual interest arguement, hopefully they will get the message :rolleyes:

Do you know of anyone that has successfully claimed back CI from MBNA PPI ?

I've yet to find anyone ???

Take Care

Livis xx

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Hi Livis:)

 

I don't think I've come across anyone to be honest, which isn't very reassuring. Maybe if there is someone, they will see all this discussion we are having on the subject and identify themself!

 

What confuses me also is the fact that in Mr L's case they haven't even mentioned 8% interest - very weird!

 

As soon as I get a response from the FOS I'll let you know.

 

Take care,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi Landy and anyone else looking in,

 

One solution to this could be by having a mooch at your statements.

 

The approach i have taken with Barclaycard is that on some of my statements i have 0% balance transfers.Now as we know repayments pay off the amounts attracting lowest interest first.As Barclaycard statements are itemised you can see the amount owing on the balance transfer reducing by the amount repaid that month.Thus proving in black and white that PPI was charged at the compound rate,as all your payment went to towards the balance transfer.

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Hi everyone:)

 

I've just received an email from the FOS adjudicator in response to mine sent last week in which I enquired about the 8% interest having not been awarded to Mr L by MBNA - the response was that 'there was no credit balance for interest to be calculated on'.

 

They confirm that MBNA have calculated redress as per their guidelines and imply that the matter is now closed.

 

So once again no contractual interest, but not even any simple interest either - just 'associated interest' at £33 on a refund of £600+:mad:

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi Landy, the fact that did not even award you simple interest in just not on. :mad:

Have you decided what you are going to do next?

I did read on the FOS fact sheet that you can appeal to an ombudsman if you are not happy with the adjudicators respose.

Livis x

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Hi everyone:)

 

I've just received an email from the FOS adjudicator in response to mine sent last week in which I enquired about the 8% interest having not been awarded to Mr L by MBNA - the response was that 'there was no credit balance for interest to be calculated on'.

 

They confirm that MBNA have calculated redress as per their guidelines and imply that the matter is now closed.

 

So once again no contractual interest, but not even any simple interest either - just 'associated interest' at £33 on a refund of £600+:mad:

 

Regards,

 

Landy x

 

I believe this deserves a follow up letter asking for the Guidelines the FOS use when making an adjudication there seem to be so many differing results depending on who is dealing. The FOS must have set of guidelines for their staff to use when making decisions on complaints. You should perhaps ask them for a copy.

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Hi aa and Livis:)

 

Mr Landy has today received (despite the postal strike!) a hard copy of the email from the FOS adjudicator. Included with is a table with the list of the charges he made for PPI and alongside those charges the figures for 'associated interest'.

 

It is set out as follows -

 

Date..........Premium..........Associated Interest........Interest Rate

****.........£37.58...................£0.46.....................15.90%

****.........£36.75...................£1.98.....................27.90%

 

................etc etc with a total at the bottom of the 'associated interest' column of £33.56.

 

Also included in their letter are examples of how the FOS calculate redress depending on whether the credit card account is still open, PPI still in force etc. In all three examples it states that -

 

'if that should produce a credit balance for any period, credit interest on that balance at 8% simple per year'

 

They state that -

 

'MBNA have confirmed there was no credit balance for interest to be calculated on.'

 

So I'm not really sure where this leaves me and what, if anything, I can do (or should be doing) next:confused:

 

The FOS guidelines do clearly state that 8% simple interest will only be applied if there is a credit balance, so it looks as though I cannot argue with that, but surely going back to the dreaded contractual question - he was charged interest at the contractual rate and should therefore be refunded this.

 

In the meantime my next worry is that the DCA who has purchased this account will now start hounding him for repayment of the balance (£6k+)again, which they have not done since August.

 

Any advice on how I should next proceed would be greatly appreciated, thank you!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi Landy,

Just seen your post.

My debt was sold on to a debt collector too, so on that basis i would be in the same position as you as having no credit balance.

Thinking about it, as that falls within the FOS brief of how the claim should be redressed, they probably will not deal with our claims anymore :x

Who did your get get sold to? Mine is with equidebt, and is a debt of around £8K :confused::confused::confused::confused:, i haven't heard from them for a few months now.

After requesting the cca in january i heard nothing for months, then when they did produce it, i questioned it's enforcability and i haven't heard from them since.

Now i've said that they will probably rear their ugly heads out of the woodwork :lol:

Once my cheque has cleared i will put a letter together to MBNA asking for the CI again, nothing ventured nothing gained eh:-)

Hopefully aa will pop along soon and have a look at the points you've raised.

Livis xx

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This is getting ridiculous with regard to the FOS and contractual interest.It seems a cosy little stitch up between the banks and the FOS to mitigate their losses on a mis-sale.

 

I have been wanting to go the court route with various claims for a while now but have been put off by the procedure.

 

Out of all the claims i have, one is with MBNA which is for just over £100 .Its pointless waiting for the FOS as i will not get contractual just a bit of simple interest, as the account is paid up and closed.

 

What i will now do is do an LBA by the end of the weekend,and post up all updates and progress in a new thread.Hopefully we can all get some pointers as to how to proceed.I'll title the thread as Herman goes for MBNA ppi +contractual.

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Hi Livis:)

 

That's interesting then - I hadn't realised yours had been sold too. Ours is with Apex. Ours was considered enforceable by those in the know here although there are issues over the linking of the two pages of the agreement and I personally don't think the two originated from the same document.

 

We did contact MBNA regarding the lack of CI back at the end of August and haven't had any reply from them, so I think I will put together another letter and as you say, have another try.......it can't hurt!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi Herman:)

 

Sorry my last post crossed with yours - I wasn't ignoring you;)

 

I completely agree - and someone did say that many FOS staff are ex bank workers so maybe that accounts for it!

 

We too have other PPI issues on credit card accounts where we've been offered just the 8% - as you say it's not worth going to the FOS with these now if we can guess what their response will be.

 

I have one with M&S that has been dragging on a while - they offered premiums plus 8%, but with CI it would be about £1k more. They said at the last count it was their final response (no cheque received as yet), but I tried one last push for the CI and now they want a further 4 weeks. Normally you would think it was time for the FOS, but now I'm just going to have to wait the 4 weeks and hope they increase their offer as the FOS is pointless:(

 

Will look out for your new thread and wish you success Herman!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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I believe the fact the PPI mis-selling claims have been submitted to the FOS is possibly having an effect on the DCAs chasing you on the issue of them collecting a debt which has been sold on.

 

How clever are the financial institutions in that you fall into a late payment they put you in default and charge you a fee just at the point you decide they have mis-sold PPI. It is my belief that a lot of banks will now be finding a way to put you in default to fend of the PPI reclaiming (Yes another delaying tactic)

 

Keep up with the fight :cool:

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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  • 2 weeks later...

Hi everyone:)

 

Just updating this thread -

 

Well I've been going through Mr L's statements in the light of the FOS's comment that they will -

 

(A) reconstruct the account by removing any premiums in respect of the PPI and any interest or charges in respect of those premiums;

 

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

 

© send the customer a statement showing the resulting balance on the account (with details of how it was calculated)'

 

and MBNA's statement quoted in the latest letter from the FOS that 'there was no credit balance for interest to be calculated on'.

 

Mr L had PPI for 24 months, out of which I have calculated that he had a credit balance for 10 months (albeit a pretty small one;)). Doing a rough calculation (as I've not been able to work out the interest charged on the PPI as yet or indeed if there were any charges levied as a result of the PPI being applied) there would have been another 3 months with a credit balance had the PPI not been charged - ie, as per the FOS statement (A) above.

 

Why then have MBNA said there was no credit balance for interest to be calculated on:confused:

 

This definitely calls for another letter to the FOS with a request for a proper explanation!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi Landy,

I would have had a credit balance with MBNA, but as they have sold the debt on now, their records show the account as 0 as the debt has been effectively wiped off their system.

Is this how they are getting out of not having to pay CI back ?

Just a thought??

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Hi Landy,

I would have had a credit balance with MBNA, but as they have sold the debt on now, their records show the account as 0 as the debt has been effectively wiped off their system.

Is this how they are getting out of not having to pay CI back ?

Just a thought??

 

Hi Livis:)

 

I must admit that thought did cross my mind - I wouldn't put it past MBNA at all to be that devious:mad:

 

Whatever they are playing at I'm not going to let it rest here and I presume you won't either?

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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