Wednesday1867 Vs MBNA PPI (No Agreement info needed)

[wednesday1867]

Just a quick question and a bit noobish too

 

If any company i have taken PPI out with cannont provide me with the original agreement, when i would of signed in acceptance of PPI

Is it easier, harder or the same for reclaiming PPI when the creditor doesnt have any proof i accpeted it, if infact i did? Just im sending my pre lim beginning of next week, wondering what i can expect.

 

Also i closed a credit card account in 2005, if i send them a CCA and they can't produce can i reclaim the PPI from them?

 

 

Thanks

[reidnet]

I would say yes it should be easier, It is up to them to provide evidence that you opted in for PPI.

 

Good Luck

 

Ian

[wednesday1867]

Thanks Reid, i think so too, i guess time will tell

MBNA's deadline is up, so im roughly knocking a letter up, ill post what ive got so far, but as i was doing it, the Postie turned up and came with a letter from MBNA, saying they are looking into my complaint and will reply by 25 July, strangely the pre lim im coming up with, runs out on the 25th

 

Anyway this is for starters, any input much appreciated.

 

I write to you in relation to the PPI and accuracy it was applied to my account, I sent you a letter dated XX June 07 asking for proof I requested the PPI or if infact it was added to my account by an over keen member of the Customer Services Department chasing the high commission rates. Why else would it take over 12 months to cancel the PPI when requested in the past.

 

As of XX July 07 you have failed in providing the required proof set out in my previous letter, so there for I am led to believe I did not sign for the PPI, so I am led to believe it has been wrongly added to my account.

What I require to resolve this matter is a full refund of PPI premiums from 01 XXXX 2002 to 01 XXXXXX 2005, I have calculated the amount to be a total of £XXXX.61, I also require interest to be returned that was added on to the unauthorised charges, interest to be charged at the same you charged me which is 24.9%, total of interest equates to £XXXX.04, giving a total £XXXX.65. I have included a break down of my calculations for you.

 

My last statement had a balance of £XXX, so I require a zero balance on my account, my account to be then closed and the remainder, £XXXX to be returned to me in the form of a cheque.

 

I think 14 days is more than sufficient for a company as large as MBNA, with dedicated staff in dedicated departments. If this matter is resolved to my satisfaction with in the next 14 days (25 July 07) I will then send you a further letter before action giving you a further 14 days to reflect.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline, with my defence being the lack of agreement for your PPI

Need to add something about their letter today?

Thanks

[wednesday1867]

This is my final draft to be sent Monday, so if im wrong on anything, or needs a bit more oomph, would much appreciate it

 

I write to you in relation to the PPI and accuracy it was applied to my account, I sent you a letter dated XX June 07 asking for proof I requested the PPI and gave a deadline of today 09 July, I am yet to receive such proof.

 

So as of today you have failed my request set out in my previous letter, so therefore I am led to believe I did not sign for the PPI, which means it has been wrongly added to my account.

 

What I require to resolve this matter is a full refund of PPI premiums from XX XX XX to XX XX XX, I have calculated the amount to be a total of £XX.XX, I also require interest to be returned that was added on to the unauthorised charges, interest to be charged at the same rate you charged me which is 24.9%, the total interest equates to £XX.XX, giving a total £XX.XX.I have included a break down of my calculations for you.

 

My last statement had an outstanding balance of £XX.XX, so I require a zero balance on my account and the remaining £XX.XX to be returned to me in the form of a cheque. I would be willing to accept a zero balance on my account and a cheque for £XXX, for a settlement at this stage and this stage only.

 

I think 14 days is more than sufficient for a company as large as MBNA, with dedicated staff in dedicated departments. If this matter is not resolved to my satisfaction with in the next 14 days (by 25 July 07) I will then send you a further letter before action giving you a further 14 days to reflect.

 

After that, there will be no further communication from me and I will issue a claim with my local county court at the end of the second deadline. Be aware if I need to proceed with a court claim, I will be claiming interest up to the date of settlement at a rate of £XX.XXper day till then, I will also be reclaiming any costs incurred with filing my claim

[wednesday1867]

Am i right in thinking if i reclaim £2,000 in ppi charges, £1000 in contractual interest, if i start Court proceedings, then 8% interest is then added to this?

 

Or is it just the total plus contractual interest?

[wednesday1867]

This is my LBA

 

Dear Sir/ Madam,

 

I am again writing to you in relation to the unlawful Payment Protection Insurance charges you have applied to my account.

 

I have on several occasions asked you to provide proof I accepted the PPI on the above numbered account, which I might add is now in default. You have failed to provide the proof required or refunded the charges to me, so I must inform you that this is a letter before action.

 

I initially gave you 14 days to respond to my first request for a refund for all PPI charges I have paid to you, that letter was dated 09th July, your 14 days ran out today 23rd July, I am yet to receive payment or proof, so I hereby give you a further 14 days to comply.

 

I require by 06th August a full refund of all PPI charges you have levied against my account, the charges accumulate to £X,XXX, plus contractual interest at 24.9% which equates to £X,XXX giving a total of £X,XXX, in my last letter I gave you the opportunity to settle for a lower figure, that offer has now expired.

 

I will be initiating Court proceedings against MBNA without further notice if I don’t receive a satisfactory response before 06th August 2007. Any costs incurred with filing a Court claim, will be added to my claim.

 

Does it need more?

 

Thanks

[itsmeandonlyme]

Hello you,

 

I think you are giving them more than enough. Give tham only 7 days to reply...I do not think this letter would make a big difference. I always advise to call tham and discuss the court route rather than send other SAME LBA...

 

It seems ok.

 

Good luck.

 

 

 

Itsme

[wednesday1867]

I think you are giving them more than enough. Give tham only 7 days to reply...

 

 

I like your thinking young lady, 7 days it is :D

[itsmeandonlyme]

Not as young anymore:)))))))

 

))))))))))

[wednesday1867]

Tell me owt itsmeonandonlyme

 

Right then, i hve changed the letter and given them 14 days

 

Dear Sir/ Madam,

 

I am again writing to you in relation to the unlawful Payment Protection Insurance charges you have applied to my account.

 

I have on several occasions asked you to provide proof I accepted the PPI on the above numbered account, which I might add is now in default. You have failed to provide the proof required or refunded the charges to me, so I must inform you that this is a letter before action.

 

I initially gave you 14 days to respond to my first request for a refund for all PPI charges I have paid to you, that letter was dated 09th July, your 14 days ran out today 23rd July, I am yet to receive payment or proof. I also gave you the opportunity to settle at a lower figure, that offer has now expired.

 

In a recent House of Lords judgement Sempra Metals ltd v HM Rev it was further held that the court has jurisdiction at common law to award compound interest where the claimant seeks a restitutionary remedy for the time value of money paid under a mistake. The judgement made in the House of Lords does make a change to my claim against MBNA as the payments were mistakes, as there is no proof I accepted the Payment Protection Insurance, I have now changed the interest refund required to take into account the House of Lords judgement.

 

So I will give you a further and final 14 days to respond, I require a full refund of all PPI charges levied against my account, a total of £XXXX, a refund of compounded interest at a rate of 24.9% which equates to £XXXX which means I require a total refund of £XXXX. I have included a breakdown for your records.

 

Within the next 14 days I require a positive response to this request, namely to receive a cheque for £XXXX. If I receive a negative response or no response at all, I will start court proceedings against MBNA to reclaim all charges and interest, plus any further costs I incur, giving a defence of no acceptance of any Payment Protection Insurance.

 

I look forward to a prompt response.

 

Hows it look now?

[wednesday1867]

Colin Pugh is the man when it comes to refunding charges, im gonna email him a copy of my letter and see if he can work his magic on this

[hellhasnofury]

Colin Pugh is the man when it comes to refunding charges, im gonna email him a copy of my letter and see if he can work his magic on this

 

Hiya Wednesday,

 

I love your determination expecially with mbna. They are renowned for their non-compliance and dragging their heels.

 

I wish you the very best of luck in your fight:-D

[wednesday1867]

Thanks Hell

 

Dont know if its determination or what to be honest

 

I just cant believe i can claim the things im claiming, obviously im not guarnteed to win, but as long as i can wipe out most of my debt ill be happy, if i get a few quid in return its a bonus.

 

Plus with their being no agreement, it seems to be more straight forward.

 

Im the same with an HSBC Managed Loan, but not a lot to claim back, just removal of default and wiping the debt. But MBNA is where the big bucks are if i win of course

 

 

Plus im watching a lot more Judge Judy to get ready for the courtroom

[wednesday1867]

Postie turned up and came with a letter from MBNA, saying they are looking into my complaint and will reply by 25 July

Postie turned up with another one, saying their investigations are taking longer then anticipated and i will get a response within 28 days.

MBNA im filing soon

[wednesday1867]

Well today, my fight for the return of PPI from MBNA ended

 

They have finally pulled their finger out and supplied me with my application/agreement. The little "yes" box is well and truly ticked

Even tho, i filled it in at a football match and it wasnt the time or place, but i dont think i can get round it.

Just have to accept the fight on this one is over...............

Good luck to everyone else in their PPI battles

[wednesday1867]

Battle may not be over

 

While ive been with MBNA, i was charged in the region of 40 times for being over my limit, something im not proud of, i was paying the minimum or a bit over, but with the charges, it kept getting higher, anyhow i asked about the terms of the PPI and if it would be void when i was over my limit, this is the paragraph they reply to that

 

I confrim that the terms and conditions of the policy state if payments are not maintained, the PPI will be automatically suspended. I understand that you are concerned that on the occasions that your account has been in arrears, you have continued to pay premiums for a covere that was void. I confirm that that when the cover is automatically suspended, the premiums also stop. When payments are again maintained, the cover reinstates and premiums recommence. I have enclosed a copy of your XX statement which shows that as your account was in arrears, no PPC premium was charged.

 

Strange the months statements they sent me, was the month i had asked for the PPI to be cancelled

 

I need someone elses interpretation of what that paragraph says, i read it as in the months i didnt pay, i didnt get charged, i did tho

 

Or does it say every month i was charged for being over the limit i shouldnt of been charged PPI as the account was in arrears?

 

Or does it say every month i was charged a late fee, the account was in arrears, so i shouldnt have been charged?

 

Bottom line is, i was charged every month til i cancelled it.

 

Just dont know what to come back at them with

[hellhasnofury]

Battle may not be over

 

While ive been with MBNA, i was charged in the region of 40 times for being over my limit, something im not proud of, i was paying the minimum or a bit over, but with the charges, it kept getting higher, anyhow i asked about the terms of the PPI and if it would be void when i was over my limit, this is the paragraph they reply to that

 

 

 

Strange the months statements they sent me, was the month i had asked for the PPI to be cancelled

 

I need someone elses interpretation of what that paragraph says, i read it as in the months i didnt pay, i didnt get charged, i did tho

 

Or does it say every month i was charged for being over the limit i shouldnt of been charged PPI as the account was in arrears?

 

Or does it say every month i was charged a late fee, the account was in arrears, so i shouldnt have been charged?

 

Bottom line is, i was charged every month til i cancelled it.

 

Just dont know what to come back at them with

Hello Wednesday,

 

Is it really true that you ticked the box for ppi, are you 100% sure of it.

 

Was it on the pre-contractual credit application form (with of course all the prescibed terms) or on a actual true enforcable credit agreement.

 

You do have all of your statement showing that although you had exceeded your credit agreement (naughty)and the ppi was void (according to them) they still took the ppi payments.

 

You have stated "Just dont know what to come back at them with:-?

 

You had answered your own question with

 

Bottom line is, i was charged every month til i cancelled it.

Keep at them sorry shouting:-D

[wednesday1867]

How ya doing Hell,

 

To be honest, ive got no idea if i did or didnt, it was done at a football match, they were giving away free scarves, it was cold, she was pretty, thought why not Cant actually remember what i put down or said to her

 

The picture of the application is on my MBNA interest thread.

 

Funny thing, it says date of application 12 01 1974, maybe she was took by my boyish good lucks

 

I dont have statements, i have 3 list of transactions.

 

The reason i dont know what to go back at them with it, do i go back and say you say the ppi automatically stops when im in arrears, so i was in arrears XX times, proved by the over the limit fees, i was duly charged PPi in each and every one of these months, so i want a refund of £X.

 

Or do i say

 

Im in arrears when i pay later, again as you say, PPI shouldnt be paid when im in arrears, i was however charged PPI in each and every month and i now require a refund of £x

 

or etc.

 

It all depends on their understanding of the word arrears.

[wednesday1867]

Definately need to get some clarity on the meaning of that paragraph, his example, one of my monthly statements, there were no payments on it, but i was also charged for being over my limit and a late fee.

 

To me, arrears would mean, months i havent paid.

 

If it means months im over the limit, my total only goes down £500, so it may turn out not too bad

[wednesday1867]

Here we go, possible reply to the PPI letter, any opinions?

 

I thank you for your letter dated XX July 2007 and the enclosed application form.

 

In your letter you confirmed that in the terms and conditions of the PPC, that if and when my account went over the limit and into arrears, the PPC would automatically be suspended. I find this hard to believe because between the months of XX 20XX and XX 20XX, my account was unfortunately over the limit and in arrears, but yet PPC was still charged every month, maybe if it had been automatically stopped, I may not of been over my limit and in arrears for as long.

 

So I have gone back over my history with MBNA, every month I was over my limit and in arrears, PPC was still charged, even though you stated it should be automatically stopped. As you also stated as per the terms and conditions the policy is void, when my account is over the limit and in arrears.

 

I have calculated for the months my account was over the limit and in arrears, MBNA have added PPC payments to my account, a total of £X,XXX, which as you’ve already admitted is against a void policy, so I require a full refund of the premiums, namely £X,XXX, also a refund of associated interest levied against these premiums of £X,XXX, which is calculated on each premium at a compound rate of 24.9% (MBNA’s rate), which gives a total refund required of £X,XXX, currently my account is in dispute, so I require this to be refunded to me in the form of a cheque and a cheque only.

 

I look forward to receiving a full refund within 14 days, as you have already admitted I shouldn’t of been paying premiums while over my limit and in arrears.

[harrythehawk]

Subscribing ! Wednesday I am on the same track with a Credit Cards where an application form hasn't been ticked (yay!) and where one hasn't been supplied at all (been told they can't locate it at the moment, only asked for it in February !), currently at LBA stage and just sent that off, do you have any idea where I can get some good POC for this ... dunno how this will pan out but I want to be prepared for action

[wednesday1867]

Harry POC's for PPI or for no agreement, if you want some for no agreement, there are some in work in this thread MBNA No CCA, Gimme my interest post 42.

 

My application form was ticked for PPI but i was over the limit for virtually 2 years which means i can still claim my PPI back if by arrears they mean over my limit

 

 

Still need info and views on their paragraph and my reply letter, all views welcomed

[wednesday1867]

Well no opinions on the paragraph

 

Im gonna get the letter above in the post Monday and see what happens.

[hellhasnofury]

Well no opinions on the paragraph

 

Im gonna get the letter above in the post Monday and see what happens.

 

Hello Wednesday,

 

Well you have been a busy little bee:D

 

Few points to raise.

 

1. Did you do a SAR,

 

2. The application/agreement does it contain all of the prescribed terms to make the agreement enforcable???? This is very important, does it state credit limit, interest rate and when and how payments are to be made.

 

3. Did the lovely young lady tick the box or did you (whilst she flickered her eyelashes at you). Did she explain the ppi. Did you received any policy or terms and conditions with the ppi.

 

4. You have stated that if the account was over the limit, the ppi would be void, but they still took payments. Where does it state this?????

 

5. Did they breach the cca request?????

 

Can you get back to me on these points:grin:

[wednesday1867]

Hello Wednesday,

 

Well you have been a busy little bee:D

 

Few points to raise.

 

1. Did you do a S.A.R - (Subject Access Request), Yes

 

2. The application/agreement does it contain all of the prescribed terms to make the agreement enforcable???? This is very important, does it state credit limit, interest rate and when and how payments are to be made. Not that i can see.

 

3. Did the lovely young lady tick the box or did you (whilst she flickered her eyelashes at you). Did she explain the ppi. Did you received any policy or terms and conditions with the ppi. I think she ticked the box, i dont remember her explaining the PPI, she may of done, cant remember. Same goes for the terms and conditions, i cant remember receiving them, i may of done, but cant remember

 

4. You have stated that if the account was over the limit, the ppi would be void, but they still took payments. Where does it state this????? I only brough this up, because like i said i was over my limit for 2 years :o in this time i rang and asked them and i seem to remember them telling me, if my account is over the limit, then i cant claim on the PPI.

 

5. Did they breach the cca request????? In breach, do you mean not supply me with anything, meaning i can screw them for thousands? if thats what you mean then yes they did breach the CCA

 

Can you get back to me on these points:grin:

 

Also regarding Point 4, when i asked for proof of the PPI, i remembered the phone call and mentioned it in my letter, the letter they replied with had this paragraph in

 

I confrim that the terms and conditions of the policy state if payments are not maintained, the PPI will be automatically suspended. I understand that you are concerned that on the occasions that your account has been in arrears, you have continued to pay premiums for a covere that was void. I confirm that that when the cover is automatically suspended, the premiums also stop. When payments are again maintained, the cover reinstates and premiums recommence. I have enclosed a copy of your XX statement which shows that as your account was in arrears, no PPC premium was charged.

 

And i seem to remember when your over your limit, the statement says your account is in arrears by whatever amount your over your credit limit, so obviously i was in arrears for quite some time I got a list of transactions tho for my S.A.R - (Subject Access Request), so cant double check that.

 

Also the statement they supplied as "evidence" i had phoned to cancel the PPI in January, the statement they provided was for March, so them using that as an example, doesnt really hold water cos it was cancelled, the statement does show im over my limit tho, also shows no payment, it was late

 

They have supplied the latest policy, but i cant see anything in there about what happens if im over the limit.

 

JUst had a thought, could include this line in response, "when my account was over the limit and in arrears, all payments were made to MBNA, should of come off the arrears, to get my account back into line and as you have shown by your example of that months statement, i was over the limit and in arrears, so no PPI was charged, i now ask why this wasnt the case in previous months?" Or maybe not, i dont know.

 

Id appreciate any help hell