PPI/virgin/Link

[zamtaff]

I have had my application to virgin sent to me via Link plus copies of Statements.

 

The application form was signed by me on the 08/03/04 and the PPI is not ticked. the statements clearly show that PPI has been added to my account.

 

were to we go for this one MBNA, FSA or OFT? I can demonstrate at the time of signing i was self employed

[cerberusalert]

Reclaim the PPI from MBNA.

[zamtaff]

is there any one can help here

[cerberusalert]

Read through the stickies at the top of Payment Protection Insurance (PPI) - The Consumer Forums

[cerberusalert]

To check the enforceability of your CCA see; http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

[zamtaff]

OK thanks i go straight to Virgin demand the money back plus the DN is incorrect no 14 days

[cerberusalert]

Have they terminated the agreement yet?

 

If not *Do Not* mention the defective default notice.

[zamtaff]

yes its terminated

[cerberusalert]

After you've reclaimed and received your PPI you could tell them to read the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, and that a failure of a Default Notice or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd V Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt (Wilson V First County Trust Ltd [2003] UKHL 40, Wilson V Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson V Pawnbrokers [2005] EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpophraror V Woolwich Building Society [1996] 4 All ER 119).

[zamtaff]

i will but if they come up with some problem its the FSA i go to or OFT ?

[cerberusalert]

If you have problems with them repaying the PPI make a complaint to the OFT & the FSA.

[zamtaff]

ok thanks it will be done tomorrow will post progress