MBNA/Virgin successful PPI claim

[Goatan]

Hi cagers,

 

I have an MBNA Virgin card with £5000 on it. Lost my job and was out of work from august till now and i wont get paid untill the end of this month. I informed MBNA of this and that i would not be able to make a payment until the end of this month. Now i am getting bombarded with calls from them and have stopped answering but still they try despite them being fully aware of the situation and the fact they WILL get paid on the 29th Oct. As a result i have decided to see if they actually have the correct paper work and do a CCA request. Does anyone on here know a good contact name and adress for MBNA? Also if you could take a look at my letter below and see if it looks ok. would be much appreciated.

 

 

Dear Sir/Madam

 

Re:− Account/Reference Number *********

 

This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

[Goatan]

Just a quick question is it possible to still claim back PPI on credit cards that have been closed?

[buzby]

Realistically, you can go back 6 years - but that will be the limit.

[dj1971]

Goatan,

 

You can actually claim back as far as when you took the repayment plan out.

 

Do you have the account numbers and relavent details?

 

DJ

[buzby]

Suggest you read up on the Statute of Limitations.

[MARTIN3030]

We have many examples of results outside of 6 years.

In fact our Webmaster here on CAG recently had one such result over Barclaycard.

Section 32c adequately covers this in 99.9% of cases.

If you are going to rely on this-it needs to be made clear from the outset and not introduced later.

[dj1971]

Buzby,

 

I have. They only apply from the date the account was closed.

 

DJ

[buzby]

It is not impossible, but that's only down to ineffective or incompetent representation. Failings here should not be taken ada green light to success. I have won one, and lost another due to the 72 month limit. When I lost, it was because my action was deemed incompetent as outside the SoL. I asked for leave to amend and this was refused. So, let's be clear, it is a lottery, but advice to claim in excess of 72 months should be given with the caveat that the claim may, as a result, be disallowed.

[MARTIN3030]

Its not a lottery if it is clearly addressed early on.

In fact Barclays fought bitterly with me and threw lots of money in doing so by using an expensive Barrister-but the Judge having read the precedent in the case of Kleinwort Benson-v-Lincoln City Council refused to allow their objections and demands to refuse the application.

It may need a sep hearing before the trial,to determine if it should be allowed,this was the case with mine.

However,most if not all,of the banks and financial instituitions are now accepting that there is very little defence to section 32c if any defence at all.

Although the FOS will generally only seek to deal with 6 year complaints,the FSA handbook actually says that for the purpose of limitation they regard 3 years from being aware that there is cause of action as reasonable.

Cause of action of course begins when the complainant first becomes aware.

 

The only challenge that perhaps could be made,is where a claimant had already made a claim beyond 6 years.

The bank could then argue that discovery of the "mistake" had already exhausted 6 years.

[Goatan]

Im looking into claiming back my PPI charges with MBNA/Virgin and i not iced that there is an unexplained charge on there simpyl called finance charge. I though at first they might be the interest but there is often more than one a month. Does anyone know what they might be for?

[dx100uk]

seems weird....

 

can you scan up the statement?

 

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.

goto 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

dx

[Goatan]

Here is a sample statement as you suggested. there is more than two of thesee finance charges they really dont make much sense to me.

IMG.pdf

[rondodiver]

Here is a sample statement as you suggested. there is more than two of thesee finance charges they really dont make much sense to me.

 

Is this a credit card or loan and are u still using it for purchases ?

 

I think it's the interest charge but seems a strange terminology

[rondodiver]

What is the credit insurance fee if that ppi it's about as much use as a chocolate firegaurd and needs to be cancelled IMHO

[Goatan]

It's a CC thats been paid of im looking to claim PPI back yes the credit insurance fee is another terminology for PPI. I thought the finance charges might be interest but there is more than one a month.

[Goatan]

This is probably jsut be being stupid but i cant find any Templates in the Library for claiming PPI can someone point me in the correct direction?

[dx100uk]

its not 'only' a case of firing off templates

 

you really need to do some reading of a few threads in the ppi forum

 

dont get me wrong, its not anything difficult, but,

to show you mean business

you need to do it properly or they'll walk all over you and spoof you with a low recliam figure

 

the fos website is a good place to start:

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

dx

[Goatan]

I have just had a response from MBNA regarding my PPI

unsupriingly they rejected as this seems a standard response from them.

 

They claim first that i ticked the the box for PPI where as im sure it was already ticked

secondly they claim there was information on a second screen which i have a problem with.

 

I have drafted a response to them, at the moment it is very rough and needs some grammer correcting etc.

but i thought i would put it up for comment as it would be relevant for most people rejected by MBNA

as the information provided on a seperate screen seems a common way for them to fob customers off.

 

I am writing about a mistake made by one of your members of staff relating to mis-sold PPI

and i am writing this letter to give you an opportunity to correct this mistake before i complain to the FoS and FSA

 

I believe that the PPI box was automatically ticked on the application screen

there was no information regarding the PPI such as costs etc.

 

There was no information that the payment protection involved the purchase of insurance

indeed it was called payment protection cover.

 

Nor at any time was there information that the policy could be cancelled.

 

The letter sent by your staff member claims that information appeared on a separate screen

i do not believe that a responsible financial institute to behave

 

as in the first case it would not necessarily be clear that this separate screen provided

any information about payment protection insurance and indeed in a lot of cases

it would open behind the main screen or in a separate tab thus it would not be noticed at all

 

A responsible financial institute would place the necessary information next to the tick box to ensure

that it would be seen at the time.

 

In the second case as an IT professional I always ensure that my browser does not allow second pop up screens

as this is a method used by certain websites to place viruses on machines

and deliver unwanted advertising this is common practice among IT professionals

and users alike which is another reason that placing any important information on a separate screen

is irresponsible as it means a responsible computer user would unwittingly block this necessary information.

 

If this information did exist as your member of staff asserts

you would have provided it along with the rest of the information you provided regarding the application.

 

As it was not supplied I believe that no such separate screen existed.

 

I also believe that failing to provide all terms and conditions for the credit card

and the PPI on the same screen as the electronic signature would breach FSA guidelines.

 

Nothing in the documents sent by your member of staff lead me to believe that the PPI was sold fairly

 

As such MBNA did not provide the written documents required under the FSA’s rules

(such as, for example, a policy summary, statement of price, or statement of demands and needs).

A list of the relevant documents is set out in the FSA Handbook,

as are the timescales for providing the documents and, where relevant,

the need to stress to the customer the importance of reading the material.

[dx100uk]

please post upi the letter you refer too.

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

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

or use word and save as pdf

.

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

.

.

dx

[dx100uk]

what part of please blank out all pers info did you forget

 

posts removed

 

as for the letter

 

thats utter bull

 

we know the boxes on the mbna website were pre ticked

and they've already coughed on such cases

 

he can 'speculate' as much as he likes

 

but he needs to 'prove' the box was not already ticked

 

dx

[Goatan]

I couldn't find my old thread so have started a new one but to be honest there wasn't much on it.

 

Just received a lovely letter from MBNA denying everything that I have put into my letter (no surprise there)

but they have upheld my complaint and are sending me a cheque.

 

A quick blow by blow account

 

I did the normal thing and sent a sar

then i made a claim based on that SAR based on the fact i had been mis-sold due to being unemployed.

 

They sent a letter back denying that i had been mis-sold due to it being an unadvised sale and that they given me all the required information on a separate screen.

 

I then sent an e-mail to the CEO of the European card division informing him that this was my final letter before i sent them a letter before action and made a complaint to FOS and FSA.

 

My points in the letter where that he PPI was mis-sold as the PPI box was pre ticked

 

That there was no information that the purchase of PPI involved buying insurance.

 

Nor at any time was there information that the policy could be cancelled

 

That in the letter sent by their staff claimed that this information was on a separate screen

i pointed out that this was irresponsible as such popups are often blocked as they are a popular method for getting viruses onto machines.

The information should have been next to tick box otherwise a responsible computer user may block this necessary information.

 

I also pointed out that they did not supply the T&C's of the PPI when i did a SAR

and as such they have either broke ICO guidelines or the conditions did not exist and as such MBNA did not provide the written documents as required by the FSA.

 

The letter they sent back denies everything but upholds my complaint.

 

I hope this provides a glimer of hope for others who have a virgin/MBNA card who applied online and were mis-sold PPI.

 

Now one the cheque has arrived time to reclaim unfair charges i think they will fight harder on that one.

 

A big thank you to CAG this site and its community is a goldmine of information.

[Goatan]

A while ago i defaulted on an MBNA credit card. Later on noticed that all pof the debit woudl have been due to PPI which i successfully claimed back. However the default is on my credit file is still on my credit files and the Credit agencies wont remove it without MBNA say so. I believe i need to simply contact the department responsible for ICO compliance but i don't know which department that is.