Wednesday1867 Vs MBNA PPI (No Agreement info needed)

[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

[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

[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:

[hellhasnofury]

Hello Wednesday,

 

MMMMmmmmhhh it looks as though you signed to apply for a credit card to me. I cannot see any prescribed terms on this.

 

Personally I would post it on the Consumer Credit Act thread and ask for more comments. I looks like under section 127 it would be unenforcable, but we need further clarifiication. Sorry my pc is playing up so I cannot delete any errors. Forget for the moment re the overlimit/ ppi void issue until we get confirmation as the enforcebility of the credit/application issue. Also mention the error in the date, this is important.

 

If no-one makes a comment on the cca thread( they tend to get a bit wrapped in their discussions) pm either peterbard, davefirewalker, rory 32 or ODC they are very knowledgable:grin: