mbna/rma

[PGH7447]

They are on the run, sit back and wait.

 

as for the carey v hsbc this is becomming the standard response to cca requests

[everton2005]

hello well there back now they have sent me a load of statements still insisting payments i give up statements which they also sent last year

[the_shadow]

hello well there back now they have sent me a load of statements still insisting payments i give up statements which they also sent last year

 

Well you can either worry about it and respond to each and every letter they send you or ignore them and wait until they get more serious in their intentions or go away.

 

The choice is yours.

 

S.

[everton2005]

here we go again http://i36.photobucket.com/albums/e38/everton2005/img019.jpg any help with my next step please

[everton2005]

bump

[gezwee]

Good of them to remind you about PPI, do you have an up to date total?

 

I'd set the ball rolling and get a claim in against MBNA.

 

Gez

[everton2005]

maybe but i need to see off these people first

[gezwee]

maybe but i need to see off these people first

 

What's to say? They are long aware of the dispute, they are aware that you have been charged PPI without authority...... regardless of their assertions re enforceability they've answered their own question and provided for and acknowledged a clear dispute.

 

Back in 2008 you said there was circa 2.5k of PPI to reclaim, last year you posted a letter showing an alleged balance of circa 7k. Without knowing if they've been lumping interest onto the balance it's hard to say how much of your claim would be contractual interest and how much would be restitutional....... either way it must be close to clearing the balance by now.

 

I'd go down the simplest route and reclaim your money before getting embroiled in a game of letter ping pong.

 

Gez

[everton2005]

well here is the latest any help is most welcome http://i36.photobucket.com/albums/e38/everton2005/img023.jpg

[the_shadow]

I'm guessing you didnt start a reclaim for the PPI then?

 

Oh well they are warning you that they are taking court action and reminding you of the pre court procedures, nice of them

 

Do a search of the forum for cases with capquest and see if they do follow through as quickly as they state, I know they used to issue stat demands rather than court, but they were sanctioned by the OFT for this practice so may no be resorting to court claims.

 

So if it were me i'd:-

 

1) Dig out all my statements and list out the dates and amounts of payments made for PPI

2) Work out the contractual compounded interest on those amounts (spreadsheets are on this site in the library I believe)

3) Prepare a letter pointing out your grievances and stating the debt amount cannot be correct as the PPI will clear or lower the amount considerably

 

S.

[PGH7447]

you need to start the ppi claim straight away

 

send them something like this to the OC and cc capquest

 

I am writing to you in reference to the above account which was closed/placed into default on Date. I understand that you may have assigned this account to capquest, (however I have never received a Notice of Assignment from you. (delete if you did))

I now require payment in full of all PPI payments amounting to £xxx plus the (compound interest charged by you at the time of the charge being levied. (if applicable)) due to the PPI being mis-sold for the following reasons: (give why you think it was mis-sold.

I would remind you that since 2009 you have a statutory duty under the Banking: Conduct of Business Regulations to treat me fairly and communicate with me fairly.

I await your response

[everton2005]

ppi was successfully reclaimed

[the_shadow]

ppi was successfully reclaimed

 

Then forgive me for being blunt... what is the dispute on the account now?

 

For court they *should* require the CCA but its not a dead cert as some judges will accept Carey vs HSBC etc etc.

 

S.

[everton2005]

well no prescribed terms on document masquarading as a cca and defective default notice thanks for your help

[the_shadow]

well no prescribed terms on document masquarading as a cca and defective default notice thanks for your help

 

Ok,

 

You could send a letter stating you would like to remind them of your position that the CCA they have provided doesnt meet the requirements under the CCA1974. The default notice being invalid (I take it not giving you the 14 days to respond) has now been backed up by the court of appeal overturning Brandon vs Amex BUT they can default you up till they terminate the agreement.

 

Look around the forum for recent Capquest postings and see how hard they are pushing and how quickly they are taking court action, worth pre-knowing just in case.

 

S.

[everton2005]

thanks shadow your help is most welcome

[everton2005]

well they are back any thoughts please http://i36.photobucket.com/albums/e38/everton2005/img0.jpg

[everton2005]

anyone

[Old Cogger]

usual threatograms from crapquest, another Beano copy.

[everton2005]

thanks for the info mike cheers

[everton2005]

back again stating collection will restart