MBNA PPI Query

[Smoothound]

Hi,

 

I took a credit card from the above in 1994 and when I filled out the application form I ticked the PPI box as I thought it would help in getting the card and also might be useful. I was employed at the time but in a short space of time I took over the business and became self employed. I've hit hard times and the card has been sold off to a DCA and currently in dispute see this thread

 

I am now led to believe that PPI is not available to self employed people! So although I signed the form requesting the PPI I was not aware of it becoming invalid when I became self employed. I only started to smell a rat when I was struggling and MBNA told me I need to make myself bankrupt for the PPI to pay out. Can I claim it back from the time I became self employed?

[firstship]

The PPI,is usually invalid if you are self employed,also if you where led to believe you had to take out PPI to get the credit card this will also make the PPI invalid,and you can claim all of your payments back + compound interest....GO FOR IT..........FS

[Smoothound]

The PPI,is usually invalid if you are self employed,also if you where led to believe you had to take out PPI to get the credit card this will also make the PPI invalid,and you can claim all of your payments back + compound interest....GO FOR IT..........FS

 

So even though I originally signed to accept it there is no reason why I would be expected to know I needed to cancel it once I became self employed?

 

When I got the SAR info through there was only the last 4 years of statement info contained contained within it. Can I write back and ask for this to be produced or will I need to do a new SAR and demand the full info do you think?

[firstship]

No you do not need to produce a new SAR,most banks will produce 6 years of statements and are required to by law,so if MBNA have only produced 4 years ask for the other 2 years,but before doing this ask MBNA under the SAR for a clear and concise statement of all PPI payments since the start of your account.I have read your other thread,the refund of all PPI plus interest could go a long way to reducing your debt by a substantial amount.As the account goes back a long way I doubt that MBNA will be able to prove that the PPI did or did not form part of getting the credit card (if you get my drift) and the fact you became self employed shortly after taking up the credit card (where you not self employed when you took the agreement up ...YES) See what they produce,should they go down the 6 year route,then it will not be unreasonable for you to estimate your claim back to 1994.............see what their reply is first................FS

[Smoothound]

No you do not need to produce a new SAR,most banks will produce 6 years of statements and are required to by law,so if MBNA have only produced 4 years ask for the other 2 years,but before doing this ask MBNA under the SAR for a clear and concise statement of all PPI payments since the start of your account.I have read your other thread,the refund of all PPI plus interest could go a long way to reducing your debt by a substantial amount.As the account goes back a long way I doubt that MBNA will be able to prove that the PPI did or did not form part of getting the credit card (if you get my drift) and the fact you became self employed shortly after taking up the credit card (where you not self employed when you took the agreement up ...YES) See what they produce,should they go down the 6 year route,then it will not be unreasonable for you to estimate your claim back to 1994.............see what their reply is first................FS

 

Thanks for that Firstship

 

So I need to rough out a letter along the lines of :-

 

Dear Sir/Madam,

 

You recently provided me with my SAR but the PPI payment information was lacking and goes back nearly 16 years of which you only provided 4 years. Please could you provided a clear and concise statement of all PPI payments since the start of this account under this current SAR by return?

 

Any thoughts?

[firstship]

Smoothound..............A letter along those lines fine..............when you send a SAR it is a very good idea to be specific about what you require..ie statements,PPI details and agreement, account agreement etc....................FS

[cab1ne]

just a rough idea

 

Data Protection Act 1998

Subject Access Request

 

31st August 2010

 

Account No: xxxxxxxxxxx

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the above account at the time the account was opened.

 

2. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

3. Copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

4. Documents relating to any Payment Protection Insurance added to the account, including the insurance contract and terms and conditions at the time the account was opened.

 

5. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

6. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

8. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

9. Copies of statements for the entire duration of the above account.

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours faithfully,

 

cab

[Smoothound]

Hi cab1ne

 

That is pretty much what I sent to get my current SAR which left me with only 4 years of statements

[Smoothound]

I've now posted the request for additional PPI information for the full c. 16 year period.

 

The DCA are now pressing me for payment(given me 10 days from 26/8/10 before further action will be taken) as they have supplied what they think is a workable CCA. Or is this just more bluster!!! Can I hold them off by telling them I am now disputing the PPI part of the card balance and or the fact that I'm pretty sure the debt was sold to them without a Default Notice being sent to me?

[dx100uk]

you might well have to 'guestimate' what you paid in ppi in the years prior to what statements you have/are likely to get.

 

do you have the original agreement par chance?

 

and when was YOUR last financial transaction [in/out] on the dard?

 

i would not worry too much about the DCA, there's little they can do to you & would have brought the debt for 3p/£ so's it wont be worth their while once they catch wind of the PPI reclaim.

 

pers i'd ignore them.

 

nothing to stop you sending a letter to wind them up though...

 

something along the lines of

 

you are claiming there is £XXX outstanding , currently i'm looking to reclaim £XXX PPI so the A/C is in dispute anyhow.bye bye any debt you are currently trying to fleece me for.........

 

 

dx

[firstship]

As DX100 states dont worry about the DCA I guess if you sent them a letter along the lines of the account is in dispute and as soon as the MIS_-SOLD PPI is sorted out we may discuss the matter further.........FS

[Smoothound]

As of today they are back to making phone calls reference their last letter as they have complied with the CCA and are due payment...

[dx100uk]

didn't know you'ed sent a cca...have we seen it?

 

dx

[Smoothound]

Yeah it's on the thread linked at the beginning of this thread

[firstship]

Block their phone number...............send them a Harrasment letter.........and still tell them in writing the account remains in dispute and as soon as the mis-sold PPI is sorted out you will discuss the matter with them................FS

[Smoothound]

Thanks for all the info so far

 

While I'm waiting for MBNA to respond to my request for the full 14+ years of PPI I've paid I've been looking at the calcutators in the stickies on here. I can see how they work fine and the single figure I put in as a test turned a £46 PPI payment into nearly £150 over 4.5 years. I worked this out using an interest rate of 18% which was plucked out of the air to be fair. I'm just wondering how I should find out these rates as I have nothing in my SAR that mentions rates charged over the time of the card although I realise the 8% added at the end is fixed?

 

When I do get my figures I can see it's going to take me a month of sundays to type it all in and add it all up but I'm kind of looking forwards to it

[dx100uk]

Thanks for all the info so far

 

While I'm waiting for MBNA to respond to my request for the full 14+ years of PPI I've paid I've been looking at the calcutators in the stickies on here. I can see how they work fine and the single figure I put in as a test turned a £46 PPI payment into nearly £150 over 4.5 years. I worked this out using an interest rate of 18% which was plucked out of the air to be fair. I'm just wondering how I should find out these rates as I have nothing in my SAR that mentions rates charged over the time of the card although I realise the 8% added at the end is fixed?

 

yea that going to be your difficulty is 'guestimating the int they charged you on the years you don't have statements for.

as for the 8%

i would pers refrain from adding that until/if you move to the court stage.

When I do get my figures I can see it's going to take me a month of sundays to type it all in and add it all up but I'm kind of looking forwards to it

 

you should be in for a tidy sum.

 

 

dx

[Smoothound]

I have no older statements at all to be honest as far as I can see certainly none going back more than 1 year or so

[dx100uk]

either look in the MBNA forum for info of int rates for those years you need

or start a new thread there asking if people have that info.

 

dx

[Smoothound]

Thanks dx100uk I will do that shortly

 

I'm just going to post the following off to Experto while I wait for the info to come back from MBNA.

 

 

Experto Credite Ltd,

Windrush House,

24 Portman Road,

Reading,

Berkshire,

RG30 1EA

 

Dear Sir,

 

Ref: Account No/Experto Ref No

Ref: Letter dated 26th August, 2010

 

Dear Sir,

 

As far as I am concerned this account is still in dispute with you and also with MBNA. As soon as the mis-sold PPI going back 15 plus years is sorted out with MBNA I will be willing to discuss this further with you.

 

 

 

Yours Sincerely

 

 

Mr XXXXXX XXXXXXX

[firstship]

thats fine simple letter,to the point,if you manage to get back all of your mis-sold PPI should be quite a lump of money,lets hope it will wipe out your debt...................all the best.............FS

[dx100uk]

i'd p'haps add to or change the last line to read.

 

should there be an outstanding balance remaining.

 

that'll wind 'em up

 

dx

[Smoothound]

Nice idea and done

[Smoothound]

Received the attached letter today from Experto. Still not received any further PPI info back from MBNA so as yet have not registered an actual dispute with MBNA as I have no figures yet to work it all out. I'm assuming MBNA will now reply to Experto that the account is not in dispute with them so is there a letter I should get off to MBNA showing my intent to dispute the PPI or just wait for the info to come through?

 

As an aside, not sure I've asked this already or not but can't find it anywhere, is there anything I can do regarding the charges on the account for late payments over the years and or the huge charges levied when I stopped paying?

 

[Smoothound]

Hi all. Still not got any more info back from MBNA re PPI payments from the start of my card but I have found my DN now but I don't appear to have a Termination notice nor does it show on my Comms Log.

 

My DN was written on the 8/2/10 and expired 25/2/10 but according to my Comms Log the debt was sold to Experto on the 18/2/10. I'm reading on here about DN's and see that in certain circumstances they can render the debt invalid so that only the arrears can be requested. This leaves me in a bit of a quandary as to whether I should wait and see what happens without claiming the PPI back until the DN is proven to be wrong as if I pursue it any monies won will be paid to the DCA which could be paid to me if the DN is wrong? Sorry not worded well but I hope you can see where I'm coming from