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Re: Hillisden (MBNA ACC) admit they cannot find Agreement - PPi Added to which was mis-sold - What now?


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Hi everyone,

 

Very curious about this because the amount owed is in excess of £6K, which is an enormous amount of money to us and would help with other bills we need to pay now.

 

Hillisden finally admitted after 12 months of fobbing me off that they cannot find any original agreement due to the age of the account.

 

Around 18 months ago, while my account was in dispute with MBNA, I sent a claim in for PPI reclaim due to it being mis-sold. It was challenged at the time by MBNA and went no further.

 

However, if they have no paperwork to back up this so-called account, how can they prove that I did agree to this?

 

Given that Hillisden has now said they cannot enforce the account due to the lack of information, am I now able to challenge them once again on this PPi issue?

 

What is the best practice for doing so as things have changed so much since I last applied to MBNA for my claim?

 

Lots of love and thanks,

 

Meerkat xx

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Also - forgot to ask in the first post - If we get an agreement to a claim, are MBNA within their rights to set this payment against the account, especially once they have admitted its unenforceable and they have no agreement?

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Was this a loan or a credit card agreement ? Do you have statements that show the PPI premiums taken ?

 

If you can show the PPI was applied and mis sold then you should most certainly make a claim. I am not sure whether they are legally entitled to offset any claim amount against what they say you owe or not.

 

You might want to have a look at moose v HSBC.. you should be able to follow what steps have been taken there.

http://www.consumeractiongroup.co.uk/forum/showthread.php?250258-HSBC-Loan-PPI/page14

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