flowerchild V MBNA PPI + Charges reclaim

[angry cat]

My CCA request was met with a letter saying as they had obtained my account from another lender, it would take them some time to obtain it. As it's been over a month, I've sent them the 'account in dispute' letter from the templates library.

 

My SAR request was met with a timely reply consisting of endless computer listings including some about the 'collection process', where they started by calling my work number (where I haven't worked since 2003!) but the most amusing (and amazing!) bit is the cover letter they sent with "my T&Cs" (such as they are), where they remind me of the 'fantastic features of my account' (I've never even registered for the online facility).

 

There's no CCA signed by me (not even an application form) and the enclosed photocopy has my current address, where I've only lived since 2007 (card was taken out in mid 90s!). There's no mention of PPI that I can see... The whole lot, including DN, can be seen here: MBNA TandCs pictures by flowepower2010 - Photobucket

 

Surely they can't claim the debt is enforceable when they can't even produce a single bit of paper with my signature. Would it be a good idea to make a PPI refund claim or just carry on with the 'account in dispute' position due to lack of any CCA?

 

Thanks again!

 

Please post up the covering letter from MBNA!

[flowerchild]

Please post up the covering letter from MBNA!

 

It was within that photobucket 'album' I linked to, here's a direct link to that file: MBNA TandCs :: Cover letter for T&Cs picture by flowepower2010 - Photobucket

 

Enjoy!

[Dotty50]

Hi Flowerchild,

 

There isn't the covering letter saying it came from another lender.

 

I had one of the Sean Humphreys letters within my SAR, strange that I never had it before!

[flowerchild]

Hi Flowerchild,

 

There isn't the covering letter saying it came from another lender.

 

Here it is: http://tinyurl.com/36ncge6 that one came earlier as they were trying to respond within the 12+2 days. Funny they should quote all those official organisations at the bottom. The 2nd page mentions a couple more and is not signed by anyone in particular: MBNA TandCs :: MBNA CCA response 2 picture by flowepower2010 - Photobucket The Payplan website mentions MBNA amongst its supporters...

 

I had one of the Sean Humphreys letters within my SAR, strange that I never had it before!

According to the date on it, mine must have been typed on the day they got my CCA and SAR but it's just a cover to the T&Cs, not to the whole SAR. The SAR cover letter clearly states they can't provide a signed agreement: MBNA TandCs :: MBNA SAR letter picture by flowepower2010 - Photobucket

[angry cat]

Who was the original Creditor (lender)?

 

My apologies, if this has already been stated prior.

[angry cat]

Looks like A&L, am I right?

 

No surprises at their confusion, then!

 

Please bear in mind that, MBNA will have to provide to you with the inception (original) Terms and conditions, as well as the MBNA terms, as varied!

[flowerchild]

It was A&L in the mid 90s. For some reason the credit card accounts were sold to MBNA rather than taken over by Santander (the personal loan IS with Santander). Presumably the T&Cs provided are the current MBNA terms.

[flowerchild]

Hi,

 

Within these forums, I've read that you can claim PPI 'right back to the beginning', i.e. not just for the last 6 years. While my SAR requests have yielded a full set of statements with itemized PPI monthly payments, they only go as far back as 2004! 2 cards I'm currently disputing were taken out the the 90s. My question is: how do people get figures pre-2004 to go back to the beginning? Coincidentally, the statements I myself have kept only go back to 2004.

 

I've also read that you can claim 8% interest, is that 8% per year on the total amount even if there have been fluctuations in the level of payments (due to them being linked to the outstanding balance)? So, for example, if my statements for the last 6 years show I've paid £1500 in PPI, would it be 8% x 6 years, i.e., 48% or nearly £750? or would the 8% be calculated on a compound basis where the amount increases every year? Are there any spreadsheets or calculators available for monthly PPI on credit cards? (I've only seen the ones for single premium).

 

Once more, many thanks in advance...

[fmc001]

Flowerchild

 

I am currently in the process of trying to obtain data from my SAR's from about 6 different Banks going back to 1992. I started in February this year with diffrent levels of success. For some I have had statements back to 1995 others only 6 years. What Bank are you dealing with?

[havinastella]

Hi,

 

Within these forums, I've read that you can claim PPI 'right back to the beginning', i.e. not just for the last 6 years. While my SAR requests have yielded a full set of statements with itemized PPI monthly payments, they only go as far back as 2004! 2 cards I'm currently disputing were taken out the the 90s. My question is: how do people get figures pre-2004 to go back to the beginning? Coincidentally, the statements I myself have kept only go back to 2004.

 

I've also read that you can claim 8% interest, is that 8% per year on the total amount even if there have been fluctuations in the level of payments (due to them being linked to the outstanding balance)? So, for example, if my statements for the last 6 years show I've paid £1500 in PPI, would it be 8% x 6 years, i.e., 48% or nearly £750? or would the 8% be calculated on a compound basis where the amount increases every year? Are there any spreadsheets or calculators available for monthly PPI on credit cards? (I've only seen the ones for single premium).

 

Once more, many thanks in advance...

 

 

You can claim as far back as you can prove the case. Unfortunately, its impossible to get data further back than 6 years. They can claim its been destroyed when we all know they still hold it.

 

With PPI, you can claim the Loan interest AND the 8%, it makes it worth while!

 

Jogs

[fmc001]

From personal experience you can get data back further than six years providing you keep at them. In the space of the last six months I have sent 7 or 8 SAR's with very mixed results.

Foe example I had Loans, Credit Cards and Current Accounts with RBS dating back to 1992. Initially they denied all knowledge as the accounts have been closed for over six years. However I have been badgering them since February this year, informed the ICO of Non Compliance of SAR, and only yesterday got details of Loans and Current Account statements dating back to 1995.

Abbey National, Northern Rock and Cahoot have provided all information dating back to 1997, 1998 and 2001 respectively.

You have got to be prepared that they will try to put you off however keep at them and do not give up.

Banks DO keep information older than 6 years.

 

FMC

[flowerchild]

Flowerchild

 

I am currently in the process of trying to obtain data from my SAR's from about 6 different Banks going back to 1992. I started in February this year with diffrent levels of success. For some I have had statements back to 1995 others only 6 years. What Bank are you dealing with?

 

MBNA & RBS - both provided 6 years statements (to April 2004 as I SARd them back in April)

[vjohn82]

You can claim as far back as you can prove the case. Unfortunately, its impossible to get data further back than 6 years. They can claim its been destroyed when we all know they still hold it.

 

With PPI, you can claim the Loan interest AND the 8%, it makes it worth while!

 

Jogs

 

Here's something funny...

 

I claimed my PPI from a major retail bank. I managed to prove that I took out a policy 9 years ago.

 

They proved my claim was deficient by £250 by showing me statements from that time (which they had on their files).

 

When I originally sent an SAR they claimed they had no info at all for that period... lucky I kept the statements anyway I guess?

 

So if they say that they have only 6 years of info, or less, they are more than likely lying.

[fmc001]

Flowerchild

 

I have just checked my records and I received my original agreement and copies of all statements from MBNA dating back to 2003. I recieved this information at the first time of asking ie only one SAR letter, although disappointingly for myself I had no PPI applied to this account. This proves MBNA hold records more than 6 years in age.

RBS were a total diffrent kettle of fish. I had Loans, Credit Cards and Current Accounts dating back to 1992. My original SAR was returned and they stated "As my acounts have been closed for over 6 years all records have been deleted". However after 6 months of trying and letters to the ICO's office, yesterday I received all my Current Account statements back to 1995 and Loans back to 1997. I still have not received my Credit Card statements but that is next on the agenda.

Write back to the organisations and remind them that a SAR is not limited to 6 years of information. You have paid your £10 fee and are entitled to ALL personal information.

Do not give this up.

 

FMC

[flowerchild]

Flowerchild

 

Write back to the organisations and remind them that a SAR is not limited to 6 years of information. You have paid your £10 fee and are entitled to ALL personal information.

Do not give this up.

 

FMC

 

Many thanks for your advice! The RBS card was taken in 99 (according to the application form they tried to pass as agreement with my CCA request), MBNA bought the accounts from the A&L and they couldn't supply ANYTHING in response to my CCA request "due to retrieval issues with the A&L" so I don't know exactly when I took out the card but it must have been early 90s. Their transaction printouts go back to end of 2003 which is just over 6 years as I got them at the start of this year. PPI has been there from day one, I have a vague recollection of someone on the phone 'advising me' that I should have it, that would mean an extra 10 years of PPI charges before 2003!!! During all these years I've been employed, unemployed, self-employed and living abroad, I was never aware that once you took on the policy with the card you could cancel it!