Wednesday1867 Vs MBNA PPI (No Agreement info needed)

[wednesday1867]

Long title

 

At the minute my mind is racing with ways to try and screw over MBNA

 

My thread explains more http://www.consumeractiongroup.co.uk/forum/mbna/84974-wednesday1867-mbna-2.html

 

My main questions are, MBNA told me they don't have an agreement for me, they are roughly 2 weeks off committing a criminal offence.

 

If and when i reclaim unlawful charges and interest, my balance wouldn't be too high.

 

Now we get to PPI, i don't remember asking or agreeing to it. If they can't produce the agreement, am i in a good position to reclaim all of the PPI and interest?

 

I did cancel the PPI in March 2006, it was never cancelled, i did ring to complain and they did refund several months and several months worth of interest associated with the PPI, but they carry on charging me for it, so who is to say i didn't try cancelling it in the first year and nothing happened?

 

I did send a letter today, complaining that they still charge me and it should be cancelled, bad timing tho as my sar or sort of sar information turned up today.

 

So am i likely to be succesful in a claim for charges and PPI if i went about it in post number 27 on my thread?

 

Any comments or info or even a push in the right way would be very much appreciated.

 

Thanks

[wednesday1867]

Also, for the entire time i have been with MBNA, i seemed to be over the limit. Now am i right in thinking that if im over the limit if anything happens i cant then claim on it? I seem to think i had a conversation with MBNA saying that and asked for it to be cancelled and again it never was

[wednesday1867]

Does anybody think ive got any chance of reclaiming the ppi back which was added to an over limit account? As i said if im over the limit, the insurance is void, so im paying for somehting i will never be able to use.

 

 

Thanks

[itsmeandonlyme]

Hello Wedn,

 

i think u should try and claim every single charge u have paid....+ contractual interst...

 

good luck

[wednesday1867]

Im gonna try itsme, its just having trouble getting the statements out of MBNA, they supplid me with a list of transactions, shame they didnt include interest rate or ppi amounts.....................

[itsmeandonlyme]

Interest rate and PPI statements should be supplied under SAR...If they haven't sent you this info than u should sent them Data Protection Act - Non-Compliance - Template Letters and inform Information Commisioner....

 

they have to provide u the statements of charges including PPI....

[wednesday1867]

Yep, have done the extra 7 days ends tomorrow or Thursday, then i can get some letters in the post

 

Got an email addy now, so going to bug them on that and report them to the Information Comm. Just rather they turn up, than go thro the long slog of taking them to court...

 

 

So cmon MBNA send me my statements.........

[itsmeandonlyme]

Well, give them also a ring....ask them THE question: WHY???))

 

it helped me:))

 

get friendly with the person on the other line....tell them u understand how busy they r...but you r going to stick with YOU deadline....so when can they send you statements???? or ..if they do not receive them by DATE...u ll submit complaint to INfo Commissioner:))

 

helped me...i did it with a flirting voice with a strong accent:)))))

[wednesday1867]

Dont think a broad Yorkshire accent will get me far and knowing my luck, would never get a lovely lady on the other end of the phone, prob some jumped up jesse who wants to argue the toss or who knows as much about the credit act of 1974 as i do about the infamous sport of toad tickling in the outback of Australia*

 

I'll stick to email for now.

 

Thanks for the interest tho

 

 

 

 

 

 

 

 

 

 

*Now dont quote me on the toad tickling, might not happen, might be rife, who knows

[wednesday1867]

I did cancel the PPI in March 2006, it was never cancelled, i did ring to complain and they did refund several months and several months worth of interest associated with the PPI, but they carry on charging me for it, so who is to say i didn't try cancelling it in the first year and nothing happened?

 

I did send a letter today, complaining that they still charge me and it should be cancelled

 

JUst an update got a letter saying thats not how they want to do business and it should of been cancelled, he is refunding the rest plus interest and adding £25 gesture of regret to my account

 

Wait til i eventually get my statements and i ask for it allllllllllllll back muhahahahah

[itsmeandonlyme]

Great:)))))like it will help those £25:))

 

 

Keep fighting:))) they will use anything and everything to shut you up:))

how long left till 40 days expires?

 

 

regards,

 

 

Itsme

[wednesday1867]

Hows it going Itsme?

 

Its expired

 

Sent sar 26 April

 

Received Transactions 05 June (dated 30 May)

 

Sent 2 letters and an email, last one gives them to next friday, then its onto court and information Comm. Reason i kept giving them more time, dont get paid til next week and if i persue it thro the court, it will drag just receiving the statements out for possible another 2 months.

 

Also i can add the standard interest rate to my charges. I need the statements to work out all the PPI charges

[itsmeandonlyme]

Hello you:))

 

Going slow...prelim hearing on the 9th at local court:)))

 

 

Have you phoned them? what have they sad?

 

 

regards,

 

 

itsme

[wednesday1867]

Nope i havent phoned them, i will next couple of days, any idea if they are open weekends?

 

Court date soon, does that mean offer or see them in court?

[wednesday1867]

Back to the PPI.

As i have sent the CCA request about 6 weeks ago, they havent provided anything as yet, but im thinking with this breakthrough, i could send them a letter thanking them for doing something that should of been done a year ago then question my request for PPI in the first place. Say something along the lines of

Dear Sir,

Thank you for your letter dated XX/XX and the fact that you will refund my charges back to my original request.

Now thinking back over my banking hostory with MBNA, firstly i dont seem to remember ever reqesting, or signing in agreement that PPI should be added to my account.

Secondly, i seem to remember a member of staff telling me the policy is void, if my account is in arrears or over the credit limit? I seem to think i asked then for it to be cancelled as my account was over the limit at the time and had been for 2-3 months, so meant i was paying for something i couldnt use.

I require, you to send me confirmation or a copy of my signed agreement, asking for PPI to be added to my account, also a list of terms and conditions, relating to the PPI

If you can provide me with this information, i would really appreciate it, if you fail on either aspect, i will be looking to have either the PPI charges plus interest refunded from conception of my account, or just the charges when my policy would of been voided, again plus any contractual interest.

For a company as large as MBNA, i think 14 days should suffice for me to receive this information.

If nothing is heard within the next 14 days, i will act on the impression that no agreement for the PPI exists and i will proceed to claim back all my PPI charges

I look forward to hearing from you

Yours

BLah blah Blah

So this letter would get the ball rolling, while giving me time to wait for the finished sar and actuall PPI costs. Obviously they wont provide my acceptance, as they havent provided my agreement yet

ANy ideas anyone, reckon this will do or any tweaks needed.

 

[itsmeandonlyme]

Back to the PPI.

 

As i have sent the CCA request about 6 weeks ago, they havent provided anything as yet, but im thinking with this breakthrough, i could send them a letter thanking them for doing something that should of been done a year ago then question my request for PPI in the first place. Say something along the lines of

 

Dear Sir,

 

Thank you for your letter dated XX/XX and the fact that you will refund my charges back to my original request.

 

Now thinking back over my banking hostory with MBNA, firstly i dont seem to remember ever reqesting, or signing in agreement that PPI should be added to my account.

 

Secondly, i seem to remember a member of staff telling me the policy is void, if my account is in arrears or over the credit limit? I seem to think i asked then for it to be cancelled as my account was over the limit at the time and had been for 2-3 months, so meant i was paying for something i couldnt use.

 

I require, you to send me confirmation or a copy of my signed agreement, asking for PPI to be added to my account, also a list of terms and conditions, relating to the PPI

 

If you can provide me with this information, i would really appreciate it, if you fail on either aspect, i will be looking to have either the PPI charges plus interest refunded from conception of my account, or just the charges when my policy would of been voided, again plus any contractual interest.

 

For a company as large as MBNA, i think 14 days should suffice for me to receive this information.

 

If nothing is heard within the next 14 days, i will act on the impression that no agreement for the PPI exists and i will proceed to claim back all my PPI charges

 

I look forward to hearing from you

 

 

Yours

 

 

BLah blah Blah

 

 

So this letter would get the ball rolling, while giving me time to wait for the finished S.A.R - (Subject Access Request) and actuall PPI costs. Obviously they wont provide my acceptance, as they havent provided my agreement yet

 

ANy ideas anyone, reckon this will do or any tweaks needed.

 

 

 

 

Looks OK,

 

but a bit soft ... I would threaten them with complaint to Info Commissioner Officer ICO – Information Commissioner's Office.

I had received my statements within couple of days after filing a complaint to ICO.

 

Also read CCA's and Dave against the world !!! and Consumer Credit Act - Resources Workshop

 

HIH

 

 

 

kind regards,

 

 

itsme

[wednesday1867]

Thats just for the PPI, this is part of what i sent about the sar

Obviously I am writing to you again, I have heard absolutely nothing from MBNA in this time, which I found astounding for a company as large as MBNA, to have such low interest in the legal requests of its customers and such a lack of respect for the law surrounding the Data Protection

Act.

 

And

 

If I have not received any correspondence, mainly a full history of statements by xx/xx/xx , you leave me no option, but to file a county court claim and to complain to the Information Commissioners Office and any other relevant authorities.

 

The above letter is a feeler or where they think they stand and where i know they stand

[itsmeandonlyme]

Thats just for the PPI, this is part of what i sent about the S.A.R - (Subject Access Request)

 

Obviously I am writing to you again, I have heard absolutely nothing from MBNA in this time, which I found astounding for a company as large as MBNA, to have such low interest in the legal requests of its customers and such a lack of respect for the law surrounding the Data Protection

Act.

 

And

 

If I have not received any correspondence, mainly a full history of statements by xx/xx/xx , you leave me no option, but to file a county court claim and to complain to the Information Commissioners Office and any other relevant authorities.

 

The above letter is a feeler or where they think they stand and where i know they stand

 

Wrong again:))))

If I have not received any correspondence, mainly a full history of statements by xx/xx/xx , you leave me no option, but to complain to the Information Commissioners Office and other relevant authorities and if there is no reply i would have no choice than to file a claim at the local couty court

 

 

ICO would not do anything if you file a claim in a same time or earlier, neither other authorities like FOS

 

 

regards,

 

Itsme

[wednesday1867]

Ah, lets hope MBNA know bout as much as me reagrding this

 

Well ive given them til next Friday, to sort the sar, im gonna send a similar letter to above to start the ball rolling over ppi.

 

Thanks for the help its me

[itsmeandonlyme]

U r more than welcome:)))

 

But do submit complaint to Information Commissioners Office...i m sure u can print the form from their site...they will contact MBNA on your behalf, as 40 days from S.A.R - (Subject Access Request) expired and no statements received.

 

 

PS: u know where the scales r:)))))) if you found me helpfull of course:)))

 

Kind regards,

 

 

itsme

[wednesday1867]

Scale tipped

 

Surely i can't report them, if ive given them til 29th? Obviously they have had proir warnings.

[itsmeandonlyme]

Thanks for the click:)))

 

U can report them, but if you want a speedy respond than a court claim could be an answer...

Every single report counts..and ICO investigats the issue...

regards,

 

Itsme

[wednesday1867]

No problem and thanks to you for the click in return

 

I spend a lot of time now on these boards and i've read many a thread

 

I've decided to move forward without the S.A.R - (Subject Access Request) information, on the charges side, i could and can send a pre lim, only problem with the charges, is the interest, but i've added the average rate.

 

Now the PPI, no statements, no idea how much i've been charged. So today i've worded a letter, to be sent tomorrow. Basically, it says thanks for the refund going back to my cancellation, but i've been thinking and have no recollection of agreeing to PPI in the first place, also i remember being told over the phone, the insuarance is void if im in arrears or over my limit. I was over my limit for a very high number of months, so i've asked for proof i could still claim if in arrears or over my limit. So basically just says provide me with an acceptance by me for PPI or i'm reclaiming the lot plus interest. If they do provide the aceptance, but t & c's state its void while i'm in arrears, i'll just reclaim the months i was over my limit. If t&c's state i still can claim and they provide my acceptance, then i'll cease my complaint.

 

They are already in criminal default regarding my CCA request..... so should have trouble in producing my acceptance of PPI.

 

I'm given them 14 days, which hopefully gives me time for the statements to turn up, if they haven't turned up by Wednesday or Thursday this week, then i will complain to Information Comm.

 

As i've read loads of threads, i've decided to cca and S.A.R - (Subject Access Request) all my creditors, even those i doubt i have any charges with , maybe they have an unenforcable agreement for me . 10 letters to be posted tomorrow, all recorded, i'll be in the Post Office for ages, hope its not pension day

And now i'm gonna watch Father Ted hehe

[itsmeandonlyme]

No problem and thanks to you for the click in return

 

I spend a lot of time now on these boards and i've read many a thread

 

I've decided to move forward without the S.A.R - (Subject Access Request) information, on the charges side, i could and can send a pre lim, only problem with the charges, is the interest, but i've added the average rate.

 

Now the PPI, no statements, no idea how much i've been charged. So today i've worded a letter, to be sent tomorrow. Basically, it says thanks for the refund going back to my cancellation, but i've been thinking and have no recollection of agreeing to PPI in the first place, also i remember being told over the phone, the insuarance is void if im in arrears or over my limit. I was over my limit for a very high number of months, so i've asked for proof i could still claim if in arrears or over my limit. So basically just says provide me with an acceptance by me for PPI or i'm reclaiming the lot plus interest. If they do provide the aceptance, but t & c's state its void while i'm in arrears, i'll just reclaim the months i was over my limit. If t&c's state i still can claim and they provide my acceptance, then i'll cease my complaint.

 

They are already in criminal default regarding my CCA request..... so should have trouble in producing my acceptance of PPI.

 

I'm given them 14 days, which hopefully gives me time for the statements to turn up, if they haven't turned up by Wednesday or Thursday this week, then i will complain to Information Comm.

 

As i've read loads of threads, i've decided to cca and S.A.R - (Subject Access Request) all my creditors, even those i doubt i have any charges with , maybe they have an unenforcable agreement for me . 10 letters to be posted tomorrow, all recorded, i'll be in the Post Office for ages, hope its not pension day

 

And now i'm gonna watch Father Ted hehe

 

 

Great, good thinking:)) u ll be surprised how much new info you can find on this site....

 

Keep us updated...

 

 

regards,

 

itsme

[wednesday1867]

Update time

Today i received my transactions (again), this time they do have monitory values on them tho.

Also good news on the charges, theyve agreed to refund them to my account, before i even sent the pre lim, their letter was dated 19 June, my pre lim was dated 25 June and they are paying me £50 more than i asked for in the pre lim . A partner in crime against MBNA (standing) thinks the lack of agreement has helped in the quick settlement, i hope so and i hope it helps with this one.

Now back to my PPI claim, as ive already said, i know i definately cancelled it March 06 and it never got cancelled, their latest reply was to say ive been refunded £225 and £159, plus a goodwill gesture of £25, obviously the last 2 wont appear on this list of transactions yet. Looking through the list, my PPI stopped in Nov 05 and re started in July 06, obviously someone needed a comission boost :-| .

Now going through this list, at no point is there a mention of £225, the refund they mentioned, i complained in January, in February, there are 2 "interest adjustments" £54 and £163 they are a week apart and a PPI refund of £3, only £3, now this doesnt add up to the amoutn they said they have refunded me. So no idea where and when they think they refunded my account.

Anyway, that can wait. I sent them a letter asking for proof i agreed to PPI, they didnt produce my agreement under my CCA request, they are in criminal default of that request now. So im confident, they cannot prove i accepted the insurance.

So ive inputted all the details into a spreadsheet, charges equate to £1440.61, interest @ 24.9% equals £1220.19, which is a total reclaim of £2660.80. After my charges have been deducted from my balance, i reckon that leaves me an outstanding balance of around £600. So when and if i win this claim, i should be able to say good bye to MBNA.

Lets see what they come up with in the next 2 weeks