Where to take my MBNA claim???

[Guest alan703]

Hi

 

There was a slight flaw in the formulae which affected some (not all) cases. Sadly yours was the one that highlighted the rounding error...never seen it before but it should be fixed now. So no it wasn't you.

 

Good news about os looking at the charges side of things....you must have a silver tongue because they don't normally look at those, especially for more than six years ago.

 

We (as CAG) would be interested to see how that pans out so please keep us updated on that front as it could be useful to other claimants.

 

 

That's my donation to make the site better then. If I win my cases, I will transfer some beer tokens

 

What do you guys do for a living? Money people, or just well in the know?

[ims21]

What do you guys do for a living? Money people, or just well in the know?

 

 

Ah now that would be telling

 

Just ordinary folk trying to help others in our spare time

[Guest alan703]

SAR ARRIVED!!!

 

Potentially incomplete.

 

Within 10 minute I have found

1. The terms and conditions - I have attached showing 19.9% - so is that not the rate the associated interest is calculated at?
2. They advised me they had no record of my previous credit limits - it's all here, even me asking to raise them.
3. One of the PPI claim reference numbers and associated information is missing.
4. The other claim reference number is missing letters - primarily the one that rejected the claim in the first instance.
5.As this "missing" information hides the fact that they mixed up my account numbers/claims/reference numbers, and that they rejected my claim when they new they should have paid - not to worry - I have ALL the originals
6. My section 78 arrived in the same envelope - but ONLY FOR THE LOAN, and MISSING THE CREDIT AGREEMENT & APPLICATION FORM. It only contains a printout of payments (that is I could draw up in 2 minutes in excel.) It only contains a copy of my transaction history, which is the said printout, and account notes.
7. My credit card transaction list has been supplied, only dating back to 23/11/98 - So if they produce evidence of PPI or no PPI before then - they have not fully complied with the SAR, and should award me an estimated claim for that time?

Everything is in no particular date order either

 

So before I dig in even further, waht are your thoughts?????

[means2anend]

Those appears to be the standard terms and conditions....LOOK to section 13d....it amounts to knowledge of the DEBTOR will be brought to the attention of the INSURER ...but not the other way round!!!

 

I used this and they quickly banged in an offer.....but the offer was on the low side and so I have counter offered with a little help from site members..

 

This is a MAJOR FLAW in those TERMS for that period and whenever they were used for PPI

Edited June 13, 2012 by means2anend

[Guest alan703]

Those appears to be the standard terms and conditions....LOOK to section 13d....it amounts to knowledge of the DEBTOR will be brought to the attention of the INSURER ...but not the other way round!!!

 

I used this and they quickly banged in an offer.....

 

This is a MAJOR FLAW in those TERMS for that period and whenever they were used for PPI

 

 

Where is 13d? I can only see up to 12?

I signed this on 1/05/1998

[means2anend]

Your document is too small to see...the one I was reading was one I did for a friend dated approx 2002...can you enlarge this doc

[Guest alan703]

Your document is too small to see...the one I was reading was one I did for a friend dated approx 2002...can you enlarge this doc

 

Not sure how, and scanning at 1000dpi instead of 300 is just froz my scanner lol

 

You should see the PPI tick box!!!

You can safeguard your payments against the effects of life's unpredictable events with our Payment Protection Cover. Premiums are calculated each month at just 68p per £100 of your statement balance, protecting your payments should you become unable to work due to accident, sickness or unemployment. Life cover is also included, paying off your balance up to £15000. You should be eligible for cover if you are aged 18 to 64, employed and not aware of any impending unemployment. If you'd like to take advantage of this valuable, low cost peace of mind, just tick the Yes box

 

SHOULD!!!!!

[means2anend]

Section 13d -'We may reveal your personal information to

• if you arrange insurance through us,that insurer
  

..

 

This is NOT the same thing as saying knowledge of INSURER will be brought to the debtors mind.....it's all in the small print you need to read it all and then it will make sense

 

The fact of insurance is not mentioned anywhere else in the standard terms and conditions....

 

Have a look to see if you have similar in your t&c's

[Guest alan703]

try this one

 

OK, I give up - someone needs to tell me how to do it.

 

Basically it says

Retail transactions 19.9%

Cheques for first 6 months - 9.9%

Cheques after 6 months - 19.9%

Cash transactions first 6 months - 11.9%

Cash transactions after 6 months (including handling fee) - 21.8%

 

So what rate should my PPI be refunded at??

Edited June 13, 2012 by alan703
Didn''t work.

[means2anend]

Where is 13d? I can only see up to 12?

I signed this on 1/05/1998

 

What about the other side?

[Guest alan703]

Section 13d -'We may reveal your personal information to

• if you arrange insurance through us,that insurer
  

..

 

This is NOT the same thing as saying knowledge of INSURER will be brought to the debtors mind.....it's all in the small print you need to read it all and then it will make sense

 

The fact of insurance is not mentioned anywhere else in the standard terms and conditions....

 

Have a look to see if you have similar in your t&c's

 

If I said it actually says financial and related conditions at the top, would that mean they never gave me terms and conditions either?

[means2anend]

I was advised that It's usually recommended to be the Purchase Rate

[Guest alan703]

What about the other side?

 

Other side? My application "Priority Request Form", which shows

 

1. Name

2.Your card "Silver Visa Card" selected

3. Personal Details

4. Your Home

5. Your Employment

6. Current Income

7. Other borrowing (nil at time)

8. For your Securtiy - mothers maiden name

9. Additional cardholder

10. Your Bank Details

11. Safeguard your Payments

12 Principal cardholders application and declaration

 

Right to cancel

regulated by consumer credit act 1974

 

 

I have no other information. no shiney leaflets either

[means2anend]

If I said it actually says financial and related conditions at the top, would that mean they never gave me terms and conditions either?

 

Your agreeement having been signed in 1998 is governed by the Agreements regulations 1983 and as such MUST be headed Credit Card Agreement Regulated By The Consumer Credit Act 1974

 

the 'financial and related conditions are simply another section that contains the prescribed terms i.e APR,rate of interest etc...

WITHIN the whole of that Agreement...it also looks like they have just copied and pasted those sections together higgledy piggledy....

[Guest alan703]

MY SAR then contains NO credit agreements, for either my LOAN or Credit Card

[ims21]

jpg files won't come out right. They will always be too small. Best way is to convert them to PDFs...use this method to post up PDF files

 

Dx100 – Instructions on uploading pdfs

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

go to one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

The rate you should use for the claim is the purchase rate. If it changed during the life of the account then use the average of the purchase rate.

 

In relation to the loan agreement, did you ask for it in the SAR? Some lenders don't send them out but you may be able to get the figures perhaps over the phone or by simple letter.

 

As regards the T&Cs I wouldn't get bogged down in them for the PPI claim.

[Guest alan703]

Section 7 – Data Protection Act 1998

 

Dear Paul-Wyn Williams

 

I am in receipt of the documents you have supplied in response to my Data Protection Act information request dated 8th May 2012. The disclosure of personal data is incomplete in that at least the following documents are missing

 

1. It contains no credit agreement for account ****************

2. It contains no credit agreement for account ****************

3. It contains no terms and conditions for either account - although Financial and related conditions are attached for account ****************

4. It contains none of my email correspondence regarding my PPI claims.

5. It contains no record of the amended PPI claim I sent via FAX on 15th March 2012 containing account numbers.

6. It contains no record of the above PPI claim that was posted on 15th March 2012 and received on 16/03/2012.

7. It contains no record or correspondence regarding PPI claim reference ******.

8. It does not contain the rejection letter for claim ****** dated 27 April 2012 for account ****************, which is the same account number you then used for claim ******, and sent me a letter on 2nd May 2012 stating I had PPI on the account, and my claim would not be upheld. Further stating that PPI was still active on the account, even though the account was sold on 10th May 2005.

9. It contains no record of claim ******

10. You have failed to provide a complete list of transactions and charges. It contains no transactions prior to 23/11/98

11. The abbreviations KEY contains very few of the abbreviations used on the account notes.

 

This is not an exhausted list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the DATA Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 Days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours Sincerely,

 

See what this gets back

 

So I can be sharp - How do I apply to the court for compliance?

[Guest alan703]

Not so fussed about the terms, posted it in the hope you would agree my claim should be at 19.9%, but they made no ref to interest on PPI.

 

the interest rate changes are only noted on account notes. 05/98 to 05/00. There is only on ref to the actual rate being dropped for 2 months. But a few entries that look like a daily rate change CAMPAIGN, but does not state how long for.

 

They have sent me no evidence there was no PPI on my loan, no details of how long it was over, or the rate it was at.

MBNA Terms and Conditions 001.pdf

[Guest alan703]

 

In relation to the loan agreement, did you ask for it in the SAR? Some lenders don't send them out but you may be able to get the figures perhaps over the phone or by simple letter.

 

Just read it, no I never asked for the agreements. However, the Complaints Department who I have been speaking to on email were aware I wanted them, they also informed me

 

Thank you again for your recent e-mail. I can confirm that as part of your SAR request we follow strict guidance as set out in the Data Protection Act.(DPA)

 

Please find below a list of what is normally included with a SAR request.

 

· Agreement

 

· Transactions

 

· Credit Card application details

 

· Any secure messages

 

· Account notes

 

· Archived account notes

 

· Any correspondence held by the bank across all departments

 

Before the SAR I sent of section 78 requests. The loan one has been answered, in the same envelope as the SAR, but does not contain an agreement either.

[ims21]

Chase it up with them. If they cannot provide the agreement you want the figures from it. We have seen cases where this information is easily available via phone or e-mail.

[Guest alan703]

Chase it up with them. If they cannot provide the agreement you want the figures from it. We have seen cases where this information is easily available via phone or e-mail.

 

 

I have sent them an LBA and CC'd the FoS and their CEO. I have given them 7 days to comply.

 

Then i'll be seeking your advice on how to cost them money by taking them to court for non compliance. I have banned them from communicating by telephone, as I want a record of everything discussed, as they do not say the same thing twice.

 

They are already trying to shun me off because my claim is with the FoS, rather than just answer my simple questions about why there has been so many mix ups.

[Guest alan703]

Hi

 

There was a slight flaw in the formulae which affected some (not all) cases. Sadly yours was the one that highlighted the rounding error...never seen it before but it should be fixed now. So no it wasn't you.

 

Good news about os looking at the charges side of things....you must have a silver tongue because they don't normally look at those, especially for more than six years ago.

 

We (as CAG) would be interested to see how that pans out so please keep us updated on that front as it could be useful to other claimants.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?353655-MBNA-Charges-as-a-result-of-PPI-inflating-balance&p=3869384&viewfull=1#post3869384

[Guest alan703]

http://fsahandbook.info/FSA/html/handbook/DISP/App/3/9

 

In assessing redress, the firm should consider whether there are any other further losses that flow from its breach or failing that were reasonably foreseeable as a consequence of the firm's breach or failing, for example, where the payment protection contract's cost or rejected claims contributed to affordability issues for the associated loan or credit which led to arrears charges, default interest, penal interest rates or other penalties levied by the lender.

 

Now if I read that right - it opens a door to get my charges back WITH my PPI claim

[ims21]

In essence that's right but the lender will probably not be open with you on this point.

 

In addition, if they did take it into account they would only refund charges which they consider would not have been applied as a result of the PPI. They will not refund the ones that they consider would have arisen had the PPI not been applied.

 

This is why there is the suggestion that a charges reclaim is done separately because they are unlawful however they arose and you should be looking to get all of them back.

[Guest alan703]

Yeah, I get you, I just stumbled across this.

 

If I cross check my revised statements, with my charges - none of the charges would be valid, so my claim is 100% in that aspect.

 

My separate "credit card penalties" claim is launched anyway. Which is MORE valuable, as I am not restricted to the 8% simple interest?

 

However, I am going to keep that FSA handbook in my back pocket for the time being, just so all is not lost should they try the 6 year thing, or just beat me around the bush.