mbna loan with ppi **OUT OF COURT SETTLEMENT**

[sharpgun]

i had a loan with mbna which eventually paid off through arrow global but now i have dicovered i paid nearly 4k in insurance which when i lost my job they refused to pay any monies on the grounds that i was self employed. I have sent a sar but they have not replied 40 days is up shortly where do i go from here any advice would be greatfull

[steven4064]

What proof do you have that you paid £4k in PPI?

 

If you can demonstrate that you should have a case for mis-selling. Just claim it the same as you would for bank charges - preliminary letter, LBA, court

[sharpgun]

ive sent Subject Access Request with no reply, your saying send a prelim? i have a copy of the aggreement with the exact figure.

can u tell me where to find prelim and lba for ppi please

Edited January 10, 2009 by sharpgun

[sharpgun]

hello anyone

[sharpgun]

hello hello

[sharpgun]

ok have found non compliance template ill send this

LETTER BEFORE ACTION[

Section 7 – Data Protection Act 1998

Dear Sir/Madam[/font]

 

Account No/ xxxxxxxxxx[

You have failed to comply with my Data Protection Act Subject Access Request dated

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

Yours faithfully

xxxxxxxx

Edited January 11, 2009 by sharpgun

[sharpgun]

have found my copy of the credit agreement the total i paid for the ppi was 3628.20 but no date on it i think it was paid up about two and half years ago and taken out about six years ago. should i start a prelim?

[steven4064]

If you think you can demonstrate mis-selling, then yes

[sharpgun]

hi steve can you point me in the right direction. i have decided to try and reclaim the ppi they charged me in 2002. i need to send a prelim but cant remember where the threads for this were.

[steven4064]

Have a look on http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/

[sharpgun]

ok recieved all paperwork from mbna today it shows on the application form that i was self employed at the time, so when i rang to claim insurance they told me i wasnt elegable because i was self employed. they havent got a copy of the insurance agreement which i dont think i ever got they dont want me to no the name of the salesman they blanked it out.they havnt sent me any tapes. so now i am just about to send a prelim £3660 thousand plus interest @9.9% which is what they charged me, bringing it to just under 6k.

[sharpgun]

hello

[steven4064]

£3660 thousand plus interest @9.9%

I presume you don't mean that - it would certainly be the biggest claim th esite has seen so far

 

Sending a prelim is the right way to go

[sharpgun]

its not that big is it?

what chances do i have everything they have seems very vague. omiting person who done the deal, lack of tapes, no insurance policy

[steven4064]

I don't understand what you mean by "omiting person who done the deal, lack of tapes, no insurance policy"

[sharpgun]

sorry i didnt explain, on the application details returned to me the space for the person who exicuted the loan was left blank.

also ther was no recorded tapes of the application which was done over the phone and i have never seen a set of policy details to this day hopefully that is a bit clearer

[sharpgun]

hello anybody,

i need a lba template for ppi cant seem to find one, any help gratefully recieved

[sharpgun]

bump help please (lba) for ppi

Edited March 5, 2009 by sharpgun

[steven4064]

Just modfiy a bank charges one.

 

Basic logic - I sent you a request for payment which you have ignored/declined, pay up in 14 days or I will commence proceedings in the Cointy Court without any further correspodence. That's all you need - head it "Letter Before Action" in big letters

[sharpgun]

got a reply from the chief exec after they recieved the lba saying they need till april the 5th so they can do some further investigations. my thoughts on this is surely they shouldnt be able to find any more information it should have been in the sar. any thoughts on a reply anybody?

[sharpgun]

bump

[steven4064]

If you gave them 2 weeks and they haven't complied, issue court proceedings - it's you timescale, not theirs (think how they would trat you if the boot was on the other foot).

[sharpgun]

ok any ideas on a p.o.c.where do i look

[steven4064]

What about something along the lines of

1. The Claimant entered into an agreement (“The Agreement”) regulated by the Consumer Credit Act 1974 with the Defendant on or around [date], whereby the Defendant was to provide the Claimant with a cash advance.

 

2. The Defendant also provided a policy for Payment Protection Insurance ("the Policy") under a fixed-sum, debtor-creditor-supplier loan as part of the Agreement.

 

3. On or around [date], the Claimant got into financial difficulties and was thereafter unable to keep up the payments under the Agreement.

 

4. The Claimant therefore made a claim on the Policy.

 

5. The supplier of the Policy refused the claim on the basis that the Claimant was self-employed, a fact known to the Defendant when the Agreement was made.

 

6. The Claimant therefore contends that the Policy was mis-sold by the Defendant.

 

The Claimant therefore claims

 

i) return of £xxxx made in payments on the Policy and interest thereon

 

ii) interest at 8% per annum under s69 of the County Courts Act 1984 of £xxx and of £xx/day (0.022% per day) up until the date of judegmebt or earlier settlement

 

iii) court costs

 

Can you post a scan of the agreement (personal details removed) as it may be that the agreement itself is faulty. If that is so, we may want to add the fact to the POC.

[sharpgun]

ok just came back from working away to find I have a letter from M.B.N.A.

as follows

 

Thankyou for your letter dated 3 feb 09 regarding the payment protection cover on your account.

I note from your letter that you feel you were mis-sold PPC and are now requesting a full refund.

At the time of applying for your loan we provided you with the option of one policy, which is under written by Norwich Union.Wether you chose to select the option or not had no impact on our decision when we assessed your application.

Our records show that the PPC was applied to your account following your request at thye time of making the application in 2001. At MBNA we are not required to record 100% of our calls, we are however confident that our sales process is compliant.Our associates are trained and assessed to a high standard and as an additional measure, the bank conductes thorough call listening qaulity reviews on a regular basis, these are completed by both the team manager and stand alone quality team within the bank. Furthermore our associates recieve regular coaching and feed back and are equipped with fully compliant script when offering n insurance product. The script ensures all customers are provided withdetailed information regarding the policy to allow them to make an informed decision. To ensure compliance with legal and regulatory requirements no advice or recomendations are given as part of our sales process.

 

The loan agreement was issued to you along with the terms and conditions of the PPc, and provided you with the opportunity to read and cancel the cover should the policy not meet your requirements. The loan agreement clearly detailed the premium and associated interest along with the PPC terms and conditions.

 

By signing the loan agreement you were confirming that you had read the policy detailes and were agreeing to the T & C of the loan and PPC.Once the account was opened you were provided with a further 30 days period to cancel without any financial obligations.

The cover is an optional benefit and can be cancelled at any time.Following my investigation I can confirm we have not recieved a written request to cancel the policy, therefore, the policy remained on your account and provided protection in line with theb t&C.However a rebate of £639.17 was applied to the account when it was passed to a dept collection agencyin june 2004.

I regret to advise you that I am unable to issue a refund of the premiums. Having considered all details of this case, I am satisfied that the cover was requested and that you have been covered in line with the T & C of the policy

 

I am aware that my response may noy meet your expectations; however ,I believe this issue has been fully addressed. It therefore appears that we have now exhausted our internal complaints procedure. Consequently, this is our final responce.

 

I note that your complaint relates to a period that is out side of the time limiits for referral to the F O S. The Financial ombudsman will be unable to deal with your complaint unless ther are exceptional circumstances.

 

We will not enter into any further correspondence regarding this matter.

 

Yours sincerley

Gail Power

Vice President

 

 

My thoughts are they have not answered any of my questions, my only concern is that the policy started in 2001 can i still claim?