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Friend of SAB - possible problem with MBNA claim ***WON***


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Hi guys.

 

The last couple of months have been busy, what with starting a new job after being unemployed for seven months, holiday and other things I've not had the chance to sit down and catch up. So with the start of a new year I have made it my goal to get on top of various matters.

 

I'm helping a friend get back on his feet after life dealt him a couple of blows. I would like to reclaim PPI applied to his now closed MBNA account and need some input from you kind fellows. The account was sold on to Fredrickson who handed it back to MBNA after we, with help from this fantastic website contested the validity of the credit agreement they presented.

 

The grounds we are claiming the PPI premiums back on are that Chris did not request the product, is it on the agreement produced by MBNA or is it shown as being requested on the screen print outs provided under the most recent SAR. Chris can only assume that he was told he had to have it but can't be certain.

 

With regards to the background of the account have a read of http://www.consumeractiongroup.co.uk/forum/mbna/135849-mbna-abbey-card-possible.html

 

Here is my question. If the account has been sold to a third party and we are successful in claiming the charges back what are the chances of MBNA using the amount to offset the amount owing.

 

Also the claim is going to exceed the amount permitted under fast track so will either need it to be split over two claims or go down the N1 route.

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Hi SAB:)

 

With regards to reclaiming PPI on an account which has been sold I can say that I successfully reclaimed charges and PPI (although there's still a dispute over the amount of the PPI refund being incorrect) on an MBNA account which had been sold to Apex. MBNA refunded both charges and PPI in the form of a cheque directly to Mr Landy and although the FOS (who investigated the PPI issue for us) warned us that MBNA might pay the PPI refund directly to the DCA this didn't happen. There was (and still is) an unhealthy outstanding balance owed on the account.

 

Apologies but I am a little confused from your post as to whether the account is currently with MBNA or Fredrickson?

 

As for the fact that your friend has no recollection of taking the PPI, nor did Mr L, but he was told it was done when he phoned MBNA to activate the credit card, which apparently how it is often done - they obviously think is a way to get you by the short and curlies so to speak!

 

Hope this is of some help and Good Luck with helping your friend!

 

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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Good evening Lady :)

 

The account was sold to Fredrickson who then said they were handing it back to MBNA, that was some 18 or so months ago and there has been no communication since. Part of that may be because Chris has changed both his landline and mobile numbers and no longer lives at his old address. His credit record is now trashed and Fredrickson have recorded a default on his file.

 

Looking at the numbers the amount of PPI charges come just under £2k but with Compounded interest and S69 interest at 8% the total claim comes to over £7k!

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Ok. So i've done the math and I'm shocked :eek:

 

As you can appreciate I don't think posting exact amounts in such a public forum is the best way to go so the figures below are not 100% accurate.

 

£1,500 Charges from 2002 to early 2008

£3,000 and more - Compounded Interest

£400.00 plus a bit s69 Intrest at 8%

 

So the total amount is around the £6k mark. Should the claim be for just the last 6 years which will bring the claim to below £5k enabling us to submit under fast track or go guns a blazing and claim for the full amount.

 

Chris has kindly offered to give me 20% of the total amount so I would like to go for the total amount but I appreciate it will be hard work.

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Hi SAB:)

 

If you are intending to pursue this through the courts I suppose there is good reason to keep it within the £5000 small claims limit. All the claims I have put in myself have been passed to the FOS if the company concerned has failed to respond positively though, so I have no experience of taking a PPI issue to court I'm afraid.

 

There are definitely some Caggers who have had success with PPI through the court system I believe. However, if you take it to the FOS and are not happy with the outcome you can still proceed to court, whereas you cannot do it the other way round.

 

Also, with regard to limitations, unless there is an issue with the company concerned not coming under FOS jurisdiction at the date of inception etc etc, there is usually no time barrier with PPI claims - despite what the financial company will have you believe, you are entitled to claim back as far as possible, for example Alanalana has had a successful claim with RBS going back to 1998 I believe that went through the FOS.

 

Hope this is of some assistance!

 

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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Ok so I have nearly completed the POC but i'm not sure if the Defendant should be MBNA or Abbey. I ask as the credit card was an Abbey card but credit services were provided by MBNA. If that makes sense.

 

It's worth mentioning that the account is no longer held with either and has been sold on.

 

MBNA or Abbey?

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  • 2 weeks later...

Can you post it up so that we can have a look please?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Yes you can. . Pm if you like ..

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Good i'm watching. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Good luck with this SAB.

Any chance i can see the letters you are sending into court?.

I may have to do this myself so could do with a few pointers

IF YOU FEEL I HAVE HELPED YOU AT ALL PLEASE FEEL FREE TO TIP MY SCALES.

 

NATWEST PPI SUCCESS £490 25/08/09

 

NATWEST PPI 2nd CLAIM WON £1135 02/10/09

 

A & L PPI £395 WON

 

CREATION CLAIM PARTIAL REFUND £1825 01/04/10 NOW OFF TO FOS FOR THE REST

 

BARCLAYCARD STILL PENDING

 

LITTLEWOODS DCA . DEBT WIPED OUT AND CREDIT FILE UPDATED 23/09/09

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  • 3 weeks later...
  • 1 month later...

Update

 

Ok so MBNA have filed their defence and we are concerned as it's a good one! :mad:

 

To sum up their defence

 

They denie the allegation that the insurance was compulsory and insist that Chris was made aware that it was optional and that other similar products were available. They also state that the claim is out of date as part exceeds six years and there is no reason why the court should exercise its discretion to extend time under S32a of the limitation act.

 

MBNA have requested that the claim either be struck out under the Civil Procedures Rules 3.6 as disclosing no reasonable grounds and is an abuse of the courts process.

 

Guys I could really do with some help here!

Edited by stroke a badger
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Sorry, without seeing the defence and your original claim it is very difficult to advise. I believe you made contact with ukaviator in the first instance, it might be worth pming him to ask his advice.

 

If the PPI was mis sold, it was mis sold and I cant see why they are claiming foul because 2 years is outside of the 6 years ?

 

What proof do they have that it wasnt would be my argument. :confused:

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  • 2 weeks later...

CitizenB,

 

You are 100% correct, the oneness is on them disprove the allegations. I have limited experience in claiming missold PPI charges, i have had a certain degree of success but it does concern me that the next case may be the one that brakes the chain.

 

I will be posting an edited version of the defendants defence shortly. however before i do that i need to complete an allocation questionnaire which has to be submitted by the end of this week. Chris has taken to not opening his mail of late and it was only when i asked him to open his post found the allocation questionnaire. So now i again have to rush around and put everything else on hold just because somebody can not be bothered to check their mail. :-x

 

I am fairly confident with completing the allocation questionnaire but am not sure what to add in the way of Draft Order of Directions so it looks like i will be dropping uKaviator a line this evening.

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