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    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
    • When I sadly lost my job a while back, i reportd it immpediately to DWP as you are supposed to, but didnt realise at the time that the day I reported to them was the day before I was paid out for the last month. I was actually paid extra whem I left as it was cheaper than redundancy fort the business and at the time it was a good financial move (so I thought).   I was paid on Fri 26th Jan, they paid me out 2 months in one go. I reported to DWP on the 22nd of Han that I was made unemployed, had the letters and evidence. As they spun the story, because of their assesment dates and that, my first payment was on the 1st May and reassured that it works the other way around. That when work starts again, if I dont actually receive money from the company during the assesment period, there wont be an issue as it balances up.   Can I believe this or was it another spun story? I'm concerned that as I'll be paid monthly, (Starting on the 15th paid on the last day of the month), assment ends on the 22nd. Tha they'll take that money into consideration.   I'm just concerned due to the disparity it would cause between 4 odd months I endured with zero income because of how their system works and whatever they ahe in place to counter at this end of the claim.   Anywa, it's just awonder.   Cheers,   Ade    
    • Hi, OP sister here, im going to try and explaine in full details from start to present and see if you have any advice for me on what i can do. on 15/1/2021  at 16:25pm i was traveling along hazlebarrow cresent wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR seddon. ( im going to attatch a street veiw picture and diagram wich will be more helpful in understanding how the accident accured ect) .  The owner of the parked car, which i will refer to as Mr simpson came out of his house. Myself, mr seddon and mr simpson exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property. I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect . by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and mr seddons van ect). Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.  Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability. an engineer had collectes my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .  I didnt hear nothing for around 2 weeks so i comtacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability' i asked them why admirel consider themSelf not liable and she read from the notes ' mr seddon said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' . the lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault. I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of wich i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.  The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.   Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the ' none prejudice payment) I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .   I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . again she said ' its still in dispute, admirel are not budging i have to pass this on to management. She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!? Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum and you guys had mentioned the hire car rates may fall back on me. I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. and the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' . i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport' I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i didnt have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.    After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' . will they find any fault with the contract just to try and lumber me with the debt? , as it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.  And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?    As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.  Tomorow i am going to read thoroughly through the ' hire car contract' . i am going to give them another call and record them saying i am not liable for the debt. Any advice on how i can just give the hire car back to them without me being liable to pay the debt?  Thank you Gemma
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Landy_alert v MBNA PPI **WON**


Please note that this topic has not had any new posts for the last 4036 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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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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