flowerchild V MBNA PPI + Charges reclaim

[MandM]

Hi Dotty & Flowerchild.

 

Remember DCA's never sleep.

 

I agree with Dotty on the DN it is better to wait.

 

There is a good possibility that they will get it wrong as usual and then you have a much better advantage at a later stage.

 

With all the DN's my family have had from MBNA not 1 of them is Enforceable.

 

I know the calls are a pain but to be honest after a while you will get to a stage where you will get used to the numbers and not answer, I am at the stage now where if I dont recognise the number I dont answer, if it is important they will leave a message.

 

All you need to remember is if these people had brains they would not be working for Debt agencys.

[blackambermay]

MBNA went very very quiet on me when they bought my account from Bank of Scotland. I despise the company so I demanded to see evidence that I had agreed to the selling and or transfer of my details to another company. Apparentely they claimed it would have been within the Credit agreement, except I didn't sign one....they took forever to get hold of an application form.....I challenged it.......even challenged through the fos.......heard nothing since.

Might be worth you looking into that side of things.

[blackambermay]

Mind you MBNA are in the call centre where I used to work literally a 2 min walk from me

Although I never worked for them they took the rooms that British Gas used to occupy who I did work for.

Edited April 7, 2010 by blackambermay
Clarification

[flowerchild]

MBNA bought my account from A&L when it went to Santander, I remember them sending a letter saying so, just around the time the intere$t rate$ went thru the roof (what a coincidence! )

 

I sent CCA request 2 weeks before Easter Monday, given there was the Easter break in between, how long should I wait before sending a reminder? Should I send one at all or just wait for one of their letters and reply saying they haven't produced the requested CCA?

 

Thanks again!

[Dotty50]

They have 12+2 working days to reply, did you send it recorded delivery, if so, have you checked the royal mail website for proof of signature?

[Agathachristie]

Good news, after nearly 2 years of a complaint with the FSO we get our PPI back because of misselling! Furthermore on that I took MBNA to court last year because of credit card charges and they settled out of court. Of course they thought that even 12 Pounds charge was ok for them but I took them a second time to court for the 12 Pounds per charge and got EVERYTHING back from them.

[flowerchild]

They have 12+2 working days to reply, did you send it recorded delivery, if so, have you checked the royal mail website for proof of signature?

 

I've got a 'secure' delivery pending from a company called DX -anyone familiar with it? They left a note yesterday afternoon, 5 mins before I got home, rang them up to reschedule but won't be able to be here till Tuesday, not sure whether it's from MBNA or RBS so I'd better wait...

[flowerchild]

Good news, after nearly 2 years of a complaint with the FSO we get our PPI back because of misselling! Furthermore on that I took MBNA to court last year because of credit card charges and they settled out of court. Of course they thought that even 12 Pounds charge was ok for them but I took them a second time to court for the 12 Pounds per charge and got EVERYTHING back from them.

 

Are there any tips you can share regarding your PPI claim? How far back did you go on the monthly PPI payments?

[Agathachristie]

The PPI came with the credit card and I think it went back to 2005. PPI is very complex I think and it depends on the individual case.

If you let me know some details I might be able to suggest something although I am not a lawyer.

[flowerchild]

The PPI came with the credit card and I think it went back to 2005. PPI is very complex I think and it depends on the individual case.

If you let me know some details I might be able to suggest something although I am not a lawyer.

 

My card dates back to the 90s (A&L till the $hark$ bought the accounts last year), I think you had to take PPI back then, it's been such a long time I don't remember very much, have requested CCA and SAR. PPI has been charged throughout the life of the card, up to £45/mth at the latest count yet when I asked to make a claim due to unemployment MBNA gave me the run-around for months, then gave me the address of an insurer in Ireland who never reply to my letters. I've heard you can only go back 6 yrs but some people here say it's not necessarily the case. Although not always as high as £45/mth, you can imagine the amount of PPI charged over 15 or so years...

[Agathachristie]

Its getting difficult if you do not have the signed policy anymore as the company only keeps records of 6 years as far as I know. One possible way is to ask the provider when you made the claim if they have any records of the originals. Apart from that I do not think its going to work in your case as pretty much is not the original sells policy, that you don't seem to have anymore.

[Dotty50]

PPI was, in some instances made to appear to be a condition of being given the credit card/loan, which makes it a mis-sold product, if that was what you were told at the time of the application.

 

The 6 year limit is not correct, as I understand. I am presently trying to get it back from Crap 1 from 2001.

 

Have a look in the PPI forum, that will give you some guidance.

[tony3x]

As far as I am aware the 6 year limit applies from the date the acc closed/matured, so any acc still being charged for the Ins has to have the docs.

[flowerchild]

MBNA keep getting their call centre to ring and sending me letters but so far no CCA, I guess it's time to send the reminder letter, should it also be recorded?

[rebel11]

I would, that way you know they've received it.

[MandM]

MBNA keep getting their call centre to ring and sending me letters but so far no CCA, I guess it's time to send the reminder letter, should it also be recorded?

 

If you can afford it then do EVERYTHING recorded with these jokers. If you're in court with this lot a year from now then all that is left by then is your paper-trail to rely on.

 

M

[flowerchild]

If you can afford it then do EVERYTHING recorded with these jokers. If you're in court with this lot a year from now then all that is left by then is your paper-trail to rely on.

 

M

 

I don't deal with them over the phone, just in writing, but that hasn't stopped them from ringing on a daily basis. I recognize the number and don't answer the call, I googled the number the first time it came up and found it belongs to a call centre in India used by MBNA!

 

Earlier on today I just kept rejecting the calls on my mobile, they rang back a few more times but didn't get through to me!

[MandM]

Know how you feel. MBNA were relentless with us. It was a relief when they finally sold the account on!

 

If you can afford it then the Truecall system will stop them in their tracks. I think it's about 60 or 70 quid but those that use it swear by it

 

M

[Dotty50]

Flowerchild,

 

It is good advice to send everything recorded delivery.

 

It took them around 8 months to respond to me after sending a complaint in to them and they denied receiving the CCA request and copies of request and various other letters.

 

I have proof of signature for all the letters, however not responded to them yet!

 

Apart from accepting their unlawful rescission of the account.

[flowerchild]

They seem to be good at churning out standard letters that don't address anything specific...

 

Any idea as to the name of the letter I should be looking for in the template library? I'm confused with so many of them there!

 

Thanks again for your help!

[Dotty50]

Which letter are you looking for Flowerchild?

[flowerchild]

I'm looking for the one to send when you've had no reply to your CCA request, I sent it over 3 weeks ago.

[Dotty50]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

There you go, it's in the library on the main forum page

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

[flowerchild]

Received letter from the $hark$ this morning explaining why they haven't been able to respond to my CCA request, apparently it's got to do with the account being bought from another lender! Given that they've bought so many UK CC accounts, you'd think they'd have everything... they've never had a problem finding out how much the balance was and charging interest on it!!!

 

It's not even signed by anyone in particular and they're providing links to all sorts of debt organisations, including PayPlan, which I've noted is supported by the lenders themselves, including MBNA!

 

Should I reply saying that they still have to provide the docs in order to make the debt enforceable?

 

Thanks again!

 

Dear ***

Account: ***

We apologise for the delay in responding to your request made under Section 78 ofthe Consumer Credit Act 1974 ("the Act"). We will write to you regarding your request in due course.

We note that your account was acquired from another lender some time ago. As such, we need to obtain documentation from that lender; as soon as this is received we will forward it to you.

In the meantime, you should continue to make payments to your account. We believe that this is consistent with the legal position (as recently confirmed in the case of McGuffick vthe Royal Bank of Scotland pic) that, even in circumstances where a lender has not yet complied with a request under the Act, the lender can continue to demand that payments be made to the account, and any arrears will be reported to Credit Reference Agencies and the use of any card{s) may be withdrawn.

We acknowledge that some of our customers, even when they borrow responsibly, can fall into financial difficulty when circumstances are out of their control. We are committed to helping our customers get out of debt as quickly as their circumstances allow, and various repayment options can be discussed with our debt advisors on 08000280690.

The Consumer Credit Counselling Service (CCCS) provide a free on-line tool, the CCCS Debt Remedy, which can tailor advice depending on individual circumstances. Details of how to contact them, and other agencies are detailed below:

Consumer Credit Counselling Service

CCCS | Free debt help and debt advice from the UK's leading debt charity

Call Free: 0800 138 1111

Citizens Advice Bureau

www.nacab.org.uk

National Debt Line

National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

Call Free: 0808 808 4000

Payplan

Free Debt Management Plans, Free IVA Debt Advice and Free Debt Help | Debt Advice | Payplan

Call Free: 0800 917 7823

Money Advice Scotland

bankruptcy advice debt consolidation iva at moneyadvicescotland.org

Call: 0141 572 0237

Yours sincerely

NBNIIEBL

MBNA Europe Bank Limited

[flowerchild]

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!