MBNA CCA has PPI on it. want to reclaim it - help

[aqa]

Hi,

I would like you to help me with this situation

 

where my joint loan agrrement from MBNA in year 2001 was given to me with PPI included in it.

 

when I asked for CCA they sent me copy of the contract

then I realised there is PPI in it.

 

When I asked from DCA DLC to provide me with the t & C of this PPI

they told me I have to contact original creditor

(But DLC had forbidden me to contact original creditor through a letter in 2002).

 

My question is

 

as PPI is part of CCA of this loan,

can this whole agreement be considered as 'disputed' until PPI issue is not resolved?

 

Please respond ASAP.

I have to reply to DLA who are pressurising me now to pay the debt.

 

If there is any template letter to write to MBNA on the basis of above ino.

 

please let me have it and a template letter to SHUT UP DLC.

 

Waiting to hear from you.

Thank you very much for all your help in the past, present and future...

[ims21]

Before we get into the PPI side of things, this seems like it could be an old debt.

 

Can you tell us what has been happening as far as payments are concerned? Have you been paying something towards this debt?

 

Can you give us a time-line of events ....when did the DCA get involved and what has happened since?

[aqa]

Thank you very much for prompt response.

 

I took joint loan in 2001 from MBNA.

 

DLC got involved in 2003.

 

I was paying a nominal amount towards this debt (original £3000)

now left (£1500) out of this balance £650 is PPI.

 

Since past three months I am paying them £1 only

in the meantime asked for CCA which they provided

a loan agreement which include 'prescribed terms'

 

as far as agreement itself is concerend it has no issues only there is PPI

which I want to know now can this point will make agreement 'disputed' and unenforceable?

 

DLC in their recent letter told me they are not obliged to provide me t&cs of PPI.

 

While I have told them since, PPI is integral part of loan agreement

so they provide me all the documents mentioned in CCA.

 

I hope this info will help you to help me now!

[ims21]

Ok thank you.

 

So you did not know that PPI had been added to this loan? if that is the case then it was mis-sold and you can reclaim it together with interest.

 

Although the PPI claim will not put the account into dispute as such, it is worth going for because with interest it will make an even bigger dent in the amount you owe.

 

Also the PPI will not make the agreement unenforceable.

 

DLC are correct in that they do not need to provide the T&Cs of the PPI policy and for a reclaim you don't really need them.

 

So down to business to work out, if we can, what you are due back.

 

Have you got a record of all payments made on this account (or the account statements) for the period before it was terminated by the original creditor? If you have then we can give you a spreadsheet which will help you with the calculations.

 

Also, pop along to the fos website here and download a copy of the consumer questionnaire and complete it

 

Then come back here and we can move to the next step.

[aqa]

Is this not true if PPI is integral part of contract still contract will not be termed as 'disputed' or 'unenforceable'?

PPI is calculated in same contract and t&c describe PPI in case if there is refund it will be paid in to loan payment etc.

Secondly, as you have said contract will not become enforceable or disputed in thhis case shall I continue to pay DLC monthly payments?

[ims21]

I would bet the PPI will be shown as a separate item on the loan agreement so it has been declared properly on the documentation.

 

The PPI reclaim in itself does not put the account into dispute.

 

Can you post up a copy of the agreement please but remove any personal identifiers first. You can use this method....

 

set your default scan page size to A4 less than 300DPI [150 will do]

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!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use http://www.pdfmerge.com

 

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

..

 

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

try and logically name your file so people know what it is.

though dont use full bank names or CAGicon in the title

i'e Default notice DDicon-mm-yyyy TSB

.

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

 

 

If DLC are only acting as agents for MBNA then you should make your payments to MBNA.

[aqa]

ab

Edited October 28, 2013 by aqa
reposting

[ims21]

Could you follow the guide please and covert to PDF before posting them up.

 

Thanks

[aqa]

Hi I have uploaded copy of contract. Clearly in the contract total loan value issued includes PPI in it. PPI is not separate from loan. So My argument is if a part of contract(PPI) is in dispute whole contract will be disputed. What is your view?

[ims21]

The PPI is correctly set out as far as the document goes. You will fail if you wish to argue unenforceable on that basis.

 

You should concentrate your efforts on a mis-selling claim if you are to get your money back for the PPI.

[aqa]

and continue to pay my debt DLC because they are the agents for main creditor - correct.

So, contarct is enforceable?

And if part of a contarct is wrongly executed as clearly is the case, it would not effect the credibility of whole contract?

Please reply with some logic and reason.

[ims21]

If DLC are acting as agents pay the original creditor, MBNA.

 

Yes, contract is from what we have seen thus far.

 

No part of that contract is "wrongly executed" as you put it.

[aqa]

If insurance money is a loan, as is the case then which agreement execute this loan? If it is the same agreement then dispute of insurance premium loan will not make whole contract disputed? Its common sense and logical - think.

[ims21]

No, the PPI will not make the whole agreement disputed.

 

As I have said, the route you should be taking is a mis-selling claim (if indeed the insurance was mis-sold) and get that money back.

 

That would put you back in the position you would have been in had the insurance not been added to the account in the first place.

 

You will not win with an argument that the whole agreement is unenforceable due to the insurance being added to it.

[aqa]

Thank you very much for your help and advice.

[aqa]

Hi, This is about my SAR request which I sent to MBNA.

 

I need your help with regard to my request for Data Protection act 1998 request (SAR).

 

I sent this request to MBNA one month ago after having a copy of my loan agreement.

 

In the agreement I noticed I was charged PPI worth of £700.

 

This was clearly mis-soled as per PPI terms and conditions which I checked through various source because I was doing work as a self-employed job.

 

Now current situation is

 

the balance of loan is £1500 of which £700 is for PPI (this PPI is actually part of actual loan and added in the amount of total repayable loan on the contract).

 

In order to confirm that what the MBNA side of story about this issue is I sent them a Data Protection request,

in response to my request first they accepted £10 fee and withdraw it from my account and now

 

I received a letter with their own £10 cheque (refunded fee) to me and telling me this I quote:

 

"UNFORTUNATELY WE ARE UNABLE TO MATCH THE DETAILS IN YOUR LETTER WITH THE DETAILS WITH THE DETAILS WE HOLD ONOUR SYSTEMS FOR THIS ACCOUNT.

aS RESONABLE LENDER WE NEED TO VERIFY YOUR DETAILS WITH YOU BEFORE WE CAN COMPLY WITH YOUR INFORMATION REQUEST.

 

IN ORDER FOR US TO DO THIS, WE WOULD BE GREATFUL IF YOU COULD WRITE TO THE SECTION 78 TEAM AT OUR CUSTOMER ADVOCATES OFFICE

USING THE ADDRESS BELOW TO ADVISE US OF ANY PREVIOUS NAMES OR ADDRESSES YOU MAY HAVE HELD DURING THE LIFE OF YOUR ACCOUNT

AND YOUR DATE OF BIRTH IF YOU HAVE NOT PROVIDED ALREADY"

 

From the wordage quoted above, I don't understand why they are asking this now.

 

They provided me for my CCA request a copy of loan contract, without asking any personal details, on this my name and address is there.

 

Their DCA (DLC) was collecting money on their behalf all these years (since year 2001)

now suddenly they want to get all my personal info again!!

 

WHY?

 

Please guide me on this very issue so that I can deal with them rationally.

 

If I have to write to them, is there a particular template letter which fits for my purpose.

I feel there is something fishy all about this.

Thanking you in anticipation for your help.

Best wishes

Edited December 14, 2013 by aqa

[silverfox1961]

Hi

Something odd about this. They are prepared to deduct the fee from your bank account yet won't supply the data about your accounts.

 

Confused? You betcha!

 

Having said that, IF there is a discrepancy with the details provided then they have a duty to request further data.

 

If you have provided them all they need already then this could be a delaying tactic although they had no issue with me getting data for a third party.

 

Have you moved house? Do they have your D.O.B wrong? Has your signature changed?

 

Far too many variables really so all I suggest is that you send as much info as you can lay your hands on (copies)

[aqa]

Thank you for your quick reply.

 

I have already been dealing with their agent DLC for these years

now sudenly they are asking me my personal details again.

 

If I gave them they will refresh all their records but the question is why DLC and MBNA were taking monthly instalments from me all these years.

 

Secondly, they provided me on request loan agreement on which my details are there.

 

During this loan life I changed my address twice and twice they were told otherwise how can they contact me if they had not been informed about all this.

Only one thing which I remember is I had a letter from DLC in year 2001 when I was restarined to contact MBNA

and was told to do any business in relation to this loan through DLC only.

 

This is why I sent my first DCA request to DLC as they had said they hold ALL the information about this account

but in reponse to my request they only sent me what they hold only few statements of payemts

and told me to write for DCA to MBNA.

 

DC took £10 fee and upplied me incomplete info,

this is I am disputing with them now to refnd me my money.

 

When I reminded them about their instructions , not to contact MBNA they said well we don't hold all data.

 

I know this account can't be disputed due to the fact they have a valid CCA

but I read in a barister's blog accounts can become disputed besides many other reason one of them was miss sold PPI.

 

What shall I do now? I

 

am paying them £1 per month as a token instalment unlee PPI issue is not resolved.

 

Do you have any further instructions?

 

What if I write to them with my name and current address which obviously I am doing for past couple of months

and remind them why they sent me a loan agreement copy if they were not sure of my identity?

 

Please help further. Many thanks.

[silverfox1961]

The issue with many institutions is that they are bound by the data protection act so they can't tell you what they need. Until you supply, they will withhold.

 

You could try a Formal Complaint but that just slows the process down even more.

 

I'm sure others will have better ideas than me so hold fire

[filrobbo]

How much are you paying the DCA. When you get the sar you will also need to check for unlawful charges you may find they owe you money, personally I would stop paying until you have all information as you may be getting cash cowed. But that's up to you see what others say.

[aqa]

Thank you for your helpful replies.

 

Silverfox. I am not withholding anyinfo its them doing this. Question is if they were not sure about my identity why they positvely repond to my CCA request? I know this is prob with many such institutes but in my case at one time they take me as me and on other time they are saying I shall confirm my DOB and other details? Have they not smelt a claim for PPI is coming against them (I have told them this in the past) and they are delaying as you siad earlier?

Filrobo I am paying £1/month.

[BRIGADIER2JCS]

A CCA request is entirely separate from a SAR, if there are previous addresses and or new addresses that a creditor has not been aware of then it is correct for them to seek confirmation that they have the correct data subject.

[dx100uk]

if you want the info to get the PPI done

 

i'd comply with what they want simple.

 

dx

[aqa]

Thank you for your helpfull comments.