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

[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.....................

[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.........

[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

[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

[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.

 

[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

[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

[wednesday1867]

Scale tipped

 

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

[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

[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

[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

[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

[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

[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

[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