MBNA PPI Query

[Shelley181146]

the FOS time limit is 'from the letter which states this is their final response'

 

just to clarify.

 

dx

 

Thanks dx, it was nice they mentioned it at all. Personally, I would go the court route rather than the fos. Thanks for the clarification.

[Smoothound]

the FOS time limit is 'from the letter which states this is their final response'

 

just to clarify.

 

dx

 

So basically their investigation is on going and the FOS/6 Month thing is really a red herring then?

 

I will certainly be going the court route in the end as the FOS are currently dealing with an insurance issue for me and it's taking for ever

[Smoothound]

Still no further letter from MBNA.

 

Shall I just sit and wait or is now the time for a gentle reminder letter? Or possibly something stronger?

[Smoothound]

OK.

 

Ignore the last post things have progressed as of today

 

I received a cheque

 

Now I need to ask a question...again

 

The accompanying letter is vague and makes references to recent correspondence and encloses "the cheque for the sum of £xxxx as promised"

 

If you scan back through the thread, nothing has been promised anywhere apart from looking into my complaint!! There is no mention in or attached to the cheque or letter that gives a breakdown of the payment offered and nor is it even remotely close to the amount requested. I would say it is possibly a third of the total amount I probably paid in PPI over the time of the card and certainly contains no interest or apologies at all

 

So what would be your next step? I'm well pleased that I have a cheque as it is at least some sort of admission of the PPI being mis-sold but it falls far short of what I would expect to receive!

 

I'd like to bank the cheque for obvious reasons but in doing so will that be considered accepting full and final or can I bank it and ssend a letter say I'm accepting it as an interim payment or part payment and argue onwards?

 

Thanks in advance

[dx100uk]

how much in % is this compared with what you 'should' be getting?

 

pers i'd send them a quick example of the way to calculated things from say the FOS website, there are plenty of example calsc at the end of their 'case' pdf's.

 

dx

[Smoothound]

Around 6-7% of the amount claimed!

[Bosund]

Hi Smoothound,

 

See post 121 above, unfortunately had to have a couple of operations since that was posted so have not got around to starting court proceedings yet, but my situation is the same as yours. Initially went the FOS route but all I got was some dozy bug(person)ger on the other end of the 'phone saying, 'well MBNA believe they have refunded you the PPI plus interest' for over a year. This was in spite of my copying all the statements and providing a speradsheet to show they could not have.

 

Court is the only route left I feel. As dx said, get the calcs from the FOS site and use those to calculate what you should be getting. Doubt if the court would argue against what the FOS say should be used.

 

Bets of luck.

 

Bosun.

[Smoothound]

I can't believe that they just issue a cheque with no calculations or anything vaguely associated with my account!!!

[Bosund]

If they had included calculations, etc, it would not have matched up with what they sent you. So they don't. Simples...

[Smoothound]

Hmm!! So basically I should now send a letter saying I disagree with their amount and require figures/breakdown giving them say 14 days to respond and then go to court or FOS?

 

In the meantime what should I do with the cheque? Do I bank it accepting it as part payment in the above letter or just sit on it for the time being? I'm worried that if I bank it it may be considered me accepting that as the final amount?

[Smoothound]

No one know the best options for the fate of their cheque then?

[Bosund]

Hi,

 

My situation was slightly different in that I still had an outstanding balance so they they just reduced it but, if I were in your shoes I would get a letter thanking them for the 'part payment' but pointing out that you do not believe that they have refunded all of the refund to which you are entitled and bank the cheque.

 

In your letter, give them a period of time in which you expect to receive a response, 28 days is not unreasonable, before you take the matter further. Hopefully, you will receive a 'Final Response'. If you do or not does not matter, you have given them a chance to rectify the situation that you can provide as proof of your, not unreasonable, attempt to resolve the situation.

 

I have had a situation in the past where I've received a payment for work done but had been under paid. When I pointed this out the company disagreed, we ended up in court and the court decided in my favour. The point of this is that when I received the original payment, I banked the cheque, then started the process of recovering the outstanding balance. In court, the fact that I had banked any money at all from the company was never mentioned.

 

 

Bosun.

Edited June 5, 2011 by Bosund

[Smoothound]

Thanks Bosun.

 

Pretty much what I am inclined to do. I was just worried that in banking the cheque I'm accepting it as final payment but reading your reply this appears not the case

 

My situation is similar to yours as there was a balance on the card which is now owned by a DCA but there was UR so technically the debt is reduced to under £2000.

 

My main problem with all of this is that I have no idea of the figures they have worked to as I had few when I put in my claim and they never supplied any more when asked. I had to use guesstimated figures for over 50% of the time span because of this. It's possible they may have sent some money to the DCA to cover the outstanding amount but I was sure they weren't allowed to do this?

[Dotty50]

I think I would write back to acknowledge receipt of their cheque for xxxxx however, request that they give you a detailed breakdown of how the figure was calculated, in view of the fact that you consider it to be far short of your calculations of xxxx.

 

Give them so many days to respond, after which time you will bank the cheque and accept it as PARTIAL payment towards the total claim of xxxx

 

It's strange that they have sent payment to you when there is a balance on the account, it is usually just credited, you may be right thinking that money has gone elsewhere but I doubt that it has gone to a DCA!

 

Also ask for copies of the previous correspondence they refer to.

[Bosund]

Hi Smoothound,

 

Is it possible that the they have reduced the outstanding balance on your account to zero and forwarded to you what was left over?

 

Have a look at what you estimated what was due, remove what the balance remaining on your account then add what you received.

 

Some estimates are a bit high, ppi + interest + compond + simple, so be realistic.

 

Regards...

[Smoothound]

It's possible I guess my claim was for a substantial amount for sure with all the interest and the estimated figures etc.

 

I will check my figures and see what I can find out. Still feel there should be a note in there showing where money has gone if it has!!

[Smoothound]

I've just roughed up a quick letter. I'm rubbish at this sort of thing so if you could pick holes in it for me please it would be great

 

 

I have received a cheque enclosed with your last letter regarding my PPI Mis Sale Complaint. I am accepting it only as part payment for the claim as it is a totally different and far smaller figure than the one contained within my claim.

 

Please could you note and answer the following points:-

 

1/ I have had no letter telling me this cheque was being sent and your letter infers you had promised me this amount in a previous letter. I would like a copy of this letter for my records.

 

2/ If you feel this figure is actually correct could I please have a breakdown of how it has been calculated as nothing at all was enclosed with the cheque?

 

3/ Obviously I strongly disagree with the amount you have refunded and will take the matter further if I am not satisfied fully with either the Financial Ombudsman Service or County Court.

 

I will expect a response on this matter within 28 days of the date of this letter or I will take it further.

 

 

 

 

Yours faithfully,

[Dotty50]

I believe you will need a 'Final Response' letter from them before you can refer it to the FOS and I don't think I would mention court...... yet.

 

 

I also think 28 days is FAR too generous, I would give 14 at the most!

[Smoothound]

Revised letter

 

 

I have received a cheque enclosed with your last letter regarding my PPI Mis Sale Complaint. I am accepting it only as part payment for the claim as it is a totally different and far smaller figure than the one contained within my claim.

 

Please could you note and answer the following points:-

 

1/ I have had no letter telling me this cheque was being sent and your letter infers you had promised me this amount in a previous letter. I would like a copy of this letter for my records.

 

2/ If you feel this figure is actually correct could I please have a breakdown of how it has been calculated as nothing at all was enclosed with the cheque?

 

3/ Obviously I strongly disagree with the amount you have refunded and will take the matter further if I am not satisfied fully.

 

I will expect a response on this matter within 14 days of the date of this letter or I will take it further.

[Smoothound]

Over the 14 days now and no further response from MBNA yet

 

Is there a specific letter I should get off to them now or just wait it out?

[Smoothound]

Any pointers?

 

I'm assuming if I go the court route it will not be through small claims because of the amount of the claim? FOS would be simplest I guess but slow

[Smoothound]

Any ideas anyone as I'm sort of stuck Still no further response from MBNA, no final response no figure no nothing. Without a final response I figure I can't use the FOS?

[ims21]

You could always approach fos on the basis that they have exceeded the time allowed for a final response and now you are not getting replies to reminders. You are taking their choice not to respond as their final response and require fos to now get invloved to avoid further antics to delay and confound.

 

ims

[Smoothound]

Still nothing from MBNA. Expurto still hassling via their "solicitors" letters.

 

Spoke to the FOS and they were surprised that MBNA had just sent a random cheque with no explanation or breakdown. Advised me to phone them or write again chasing!!

[ims21]

Still nothing from MBNA. Expurto still hassling via their "solicitors" letters.

 

Spoke to the FOS and they were surprised that MBNA had just sent a random cheque with no explanation or breakdown. Advised me to phone them or write again chasing!!

 

I guess you spoke to fos on the phone?

 

If it were me I would call MBNA and see if you can get the breakdown BUT follow up with a letter as well (7 days only) and tell them that you will be escalating the matter if they don't respond. If you can record the call great.

 

If you get the breakdown at least you've moved forward. If you don't get the breakdown then after the 7 days put in a formal complaint to fos.

 

ims

Edited July 7, 2011 by ims21