Mr Landy v MBNA account 2 PPI reclaim

[landy_alert]

Hi everyone:)

 

This is my new thread for dealing with reclaiming the PPI on Mr Landy's second MBNA account. I've hung fire with starting this one as having requested the CCA about 15 months ago, other than a 'we're trying to locate it and your account will be placed on hold till we do' letter from the new owner, nothing had been received so it was in limbo. Then out of the blue last week the CCA turned up.

 

As this account was sold back in 2008 it is my intention to get the PPI (and charges) refunded by MBNA, then use these to make a F&F to Equidebt. In the meantime Equidebt have stated their intention to resume collection activities at the end of the month.

 

The CCA has a box for PPI which hasn't been ticked and the section saying 'Just tick the Yes box to confirm that you are eligible and have read and understood the terms and conditions', has been crossed through. I guess that same as Mr L's other MBNA account the PPI was sold to him during a call to activate the card, but from the information on the CCA, PPI was not selected. As he had other cover etc at the time (and we have already successfully reclaimed PPI on the other account) I've put in a mis-sold claim to MBNA today. The premiums amount to close to £1k plus interest on top. Once I receive a response I will let you know how they intend to deal with this one.......

 

Landy x

[alanalana]

Good luck with this one I will try and keep up but have not been able to put in a lot of time on the site due to family health issues.

 

You are fully experienced now in sticking it into the banks so I reckon you will have another success

 

aa

[landy_alert]

Hi aa:)

 

Great to have you back - we've missed your advice and support, although dx has been doing a pretty good job as your stand-in - and very sorry to hear about your family health issues.

 

Yes, a few of mine are drawing to successful conclusions now and thanks to Cag I certainly feel much more confident taking the banks on than I did a year or so ago.

 

Take care,

 

Landy x

[alanalana]

Nice to be back but time will be limited

 

I will try and help where I can and not step on other helpers toes

 

aa

[landy_alert]

Hi everyone:)

 

Just a quick update -

 

MBNA have today ackowledged my complaint with the standard 28 day response, so let's see how long it takes then to cough up on this one..................

 

Landy x

[alanalana]

Hi everyone:)

 

Just a quick update -

 

MBNA have today ackowledged my complaint with the standard 28 day response, so let's see how long it takes then to cough up on this one..................

 

Landy x

 

Following where I can good luck.

 

If I fall behind sorry but I will try and keep up.

 

aa

[landy_alert]

Following where I can good luck.

 

If I fall behind sorry but I will try and keep up.

 

aa

 

I quite understand Alan and appreciate your support - without your help on the PPI front I would never have got this far with my claims

[landy_alert]

Hi everyone:)

 

Well after receiving a follow-up letter stating the usual drivel that their investigations would require a little longer to complete, I've just had a call from Mr Landy who says he inadvertantly answered a call on his mobile which turned out to be MBNA making him an offer to refund his PPI.

 

Apparently they asked him why he believed it was mis-sold - hopefully he has learned a little from all the Cag knowledge I'm forever spouting at him and he didn't disgrace himself - and they then proceeded to make him an offer.

 

Of course he didn't have the paperwork with him but it appears that at least he had the prescence of mind to tell them he would need to consult this (or rather I would, lol!) before making a decision to accept or decline their offer.

 

Anyway, he has just given me the figure and it is about £20 more than the sum of the PPI premiums

 

Trouble is, having already had one MBNA pass through the hands of the FOS I, like many other Caggers, have found that MBNA don't like to cough up very much interest. Unfortunately in the previous case the FOS backed them up on this and ultimately we accepted their offer.

 

The contractual interest on this particular complaint works out at around £800 and an additional 8% statutory on top would be around £600.

 

Their offer is for just under £900.

 

If we decline the offer and it goes to the FOS, they will no doubt say MBNA's offer is a fair one and our only option then will be court which I know Mr L won't want to attempt.

 

Basically then I feel Mr L's gut feeling is to accept this offer and I'm not sure whether that's the best thing. I do know that in our last MBNA mis-sold PPI complaint they didn't make any offer to refund until after they had referred us to the FOS and then the interest element was just a few pounds as they said there was no credit balance to apply interest to.

 

So why have they done things differently this time? Is their offer at this stage an admission of guilt generally - ie, they know they mis-sold PPI on a vast scale and the complaint will ultimately be upheld if it gets to the FOS - or is it more case-specific..............Mr L's CCA has the 'do you want PPI' box clearly crossed out?

 

Really it's a case of do we accept this offer now or prolong it for several months only to receive the same offer

 

Will have to give this one some thought!

 

Landy x

[landy_alert]

Hi everyone:)

 

Well I don't know whether I was wrong to assume Mr L hadn't disgraced himself when he was caught unawares by MBNA ringing to offer him a PPI refund or whether they just jumped to the wrong conclusion, but today he received a letter saying -

 

'I refer to our conversation today regarding the Payment Protection Cover (PPC) on your credit card account, which is administered by MBNA, during which you confirmed that your concerns were resolved to your satisfaction'.

 

They go on to say that they are sending him a cheque for the amount offered which is the premiums only!

 

I had already sent a letter (by recorded delivery) saying he would accept their offer in part settlement only and that he would be pursuing the interest through the courts if a more acceptable offer isn't received within 14 days - this would have crossed in the post with their letter and hopefully they will receive it tomorrow.

 

I don't think it's worth going to the FOS with this one as they sided with MBNA over the interest issue on the last complaint and we ended up with a measly £30 of interest on approximately £600 of PPI. I shouldn't have let them get away with this and this time I don't intend to

 

Anyway if the cheque turns up we won't bank it but will hold on to it and will be filing at court if their offer doesn't improve!

 

Watch this space.............

 

Landy x

Edited June 7, 2010 by landy_alert
Added something!

[Craigbadger]

Just gonna jump on and keep an eye on here. About to try an MBNA reclaim without a ppi tick, so interested to see what happens.

good luck.

[landy_alert]

Just gonna jump on and keep an eye on here. About to try an MBNA reclaim without a ppi tick, so interested to see what happens.

good luck.

 

Thanks Craigbadger:) Will keep you informed - good luck with yours too!

[Guest Mrs Hobbit]

From my experience, do not bank the cheque. Return it with a letter stating that the matter is not resolved and you will send them a spread sheet with a break down of the PPI premiums and the interest they have charged you over the term of the mis-sold PPI. This is what you want back from them at the very least.

 

I did this and got it all back eventually.

[landy_alert]

Hi everyone:)

 

Well, just to report that the cheque never arrived - obviously they received my letter before they processed it. Mr L has had no further calls from them but Equidebt who now own the account are chasing hard for repayment of the full balance owed. At the moment I am fobbing them off with letters informing them of the disputes over mis-sold PPI and charges, but they aren't taking any notice

 

After stroke a badger's success for his friend against MBNA utilising the court method I am considering taking that approach myself as the FOS were close to useless on the last MBNA PPI complaint, but might send them a ' I am disappointed you haven't responded to my last letter' follow-up letter first to give them one final chance to increase their offer.

 

Will let you know how I get on!

 

Landy x

[moose73]

I have just had a similar experiance with MBNA with PPI on a credit card. I had claimed for £2900ish and they first sent a cheque for £1800ish and sait it was final. I did however accept the cheque as part payment and asked for the remainder (have cashed the cheque). I also filed at court for the remainder as well, and I got a letter saying they are now paying it. (The cheque has not arrived as yet, but I only received the letter last wednesday (16th June). Not sure if this was a result of just replying with letter or the court issue?

 

by the way, the acknowledged the court issue and said they would defend in full! I have not cancelled the court issue untill I get the cheque. I also went back and asked the to add the court fees on as well.

[landy_alert]

I have just had a similar experiance with MBNA with PPI on a credit card. I had claimed for £2900ish and they first sent a cheque for £1800ish and sait it was final. I did however accept the cheque as part payment and asked for the remainder (have cashed the cheque). I also filed at court for the remainder as well, and I got a letter saying they are now paying it. (The cheque has not arrived as yet, but I only received the letter last wednesday (16th June). Not sure if this was a result of just replying with letter or the court issue?

 

by the way, the acknowledged the court issue and said they would defend in full! I have not cancelled the court issue untill I get the cheque. I also went back and asked the to add the court fees on as well.

 

Hi Moose:)

 

That's very interesting - thank you!

 

I have my LBA all printed off and ready to send recorded today - but the mail has just arrived including a further letter from MBNA..........they now say they are sticking to their guns regarding the premiums plus about twenty-odd quid interest, but they are offering just over £100 in 8% statutory interest.

 

The killer blow though is that they say they have already refunded the full amount to Mr L's card - which is now owned by Equidebt

 

They have also enclosed a transaction log which they say shows the PPI premiums paid and the 'associated interest' - I haven't studied this properly yet.

 

I realise the account is in default - no payments have been made for about 18 months - and that this refund at least reduces the balance somewhat, but on Mr L's other MBNA card which is in virtually the same position they refunded by cheque to him...............and I was hoping to cheekily utilise their own refund to make a F&F at some point soon!

 

Any advice on what I should do next please folks?

 

Shall I scrap the idea of an LBA entirely, or just re-write it?

 

Many thanks as always

 

Landy x

Edited June 23, 2010 by landy_alert
Added info.......

[landy_alert]

Hi everyone:)

 

Apologies for the shameless 'bump', but can anyone please advise on how I should proceed with this one?

 

To recap -

 

Account is in default (no payments made since Sept 2008)

 

Account 'charged off' and sold to DCA in Sept 2008 with outstanding balance of approx £3500 - interest has been frozen since then

 

CCA requested in early 2009 - not received till over a year later

 

PPI premiums and interest on them reclaimed totalling approx £2000

 

MBNA say they have refunded PPI premiums and interest totalling approx £1000 to account

 

It had been my intention to get all PPI and charges refunded in the form of a cheque by MBNA (as they had no probs doing with our other similarly defaulted/sold to DCA account) and then utilise this money to make a F&F offer to the DCA who now owns the debt............cheeky I know

 

Now MBNA have done this, whilst the balance owing will have (I hope) reduced I don't know how to play the following -

 

1) The fact they have only refunded approx £100 interest (against £1000 approx calculated by me)

 

2) What to do about making a F&F

 

In addition I have also requested a refund of charges (and interest on them) of approx £2000 on this account - that claim was rejected totally by MBNA, not even an offer of the difference between the £25 and £12 charges, so this has recently been passed to the FOS.

 

All suggestions/thoughts would be most welcome!

 

Thanks,

 

Landy x

[dec22]

Hi Landy

 

Not sure on the PPI front but surprised at the charges bit as i got my MBNA cleared and a small refund after about 3 letters. I had about £400 in charges and got a refund of about £1.7k including contractual and 8% interest, couldn't believe my luck when I got that letter.

 

Hopefully the FOS don't take forever!!

 

Fingers crossed!

 

x:)

[landy_alert]

a

Hi Landy

 

Not sure on the PPI front but surprised at the charges bit as i got my MBNA cleared and a small refund after about 3 letters. I had about £400 in charges and got a refund of about £1.7k including contractual and 8% interest, couldn't believe my luck when I got that letter.

 

Hopefully the FOS don't take forever!!

 

Fingers crossed!

 

x:)

 

Hi Dec:)

 

Thanks for your reply. I know it's really odd, 'cos on Mr L's other account they did virtually the same - only back then I didn't know I could ask for contractual and 8%

 

With any luck once the FOS get their **** into gear MBNA will roll over - my only fear is they will then do the same with the charges as with the PPI............was yours in default/arrears/with a DCA?

 

Thanks for the support - it's always appreciated,

 

Landy x

[dec22]

No Landy, not any of those but they hadn't given me a new card when mine expired.

 

I could kick myself as that was my last cc claim for a charges and the first one I had thought to ask for a refund of contractual interst as well. But I am just grateful that i have managed to clear a fair amount of debt although still a way to go.

 

I've also found the FOS a bit indescisive but hopefully they'll prove me wrong. Surely the PPI should be refunded to you as the debt has been sold on to a DCA? I would want to do the same if I was in your shoes.

 

I'll keep watching for some positive progress!

 

Take care

Dec x:)

[landy_alert]

Thanks Dec:)

 

Yes, I always assumed if an account had been sold to a DCA the PPI refund should come to you not them - I won't let them get away with it or let it rest there that's for sure!

 

It is annoying to think that as you go along you glean further info that would have been useful earlier on, such as the contractual and 8% issue............but you live and learn I suppose. I'm sure some people have gone back later after a partially successful claim and requested the additional interest, but I haven't tried this myself.

 

Hopefully the FOS won't be too long winded over the charges complaint - I'm a little concerned though 'cos Mr L posted the complaint form etc off to them recorded over a week ago and they have yet to acknowledge receipt - maybe they're all off on their summer hols........

 

Thanks again and take care,

 

Landy x

[landy_alert]

Hi everyone:)

 

I'm still not certain how to proceed with this one and would really appreciate some opinions please

 

If I write a new LBA to send to MBNA, should it be for the outstanding interest they owe Mr L or should I still be trying to reclaim the whole amount of premiums and PPI - even though they have paid about a third of what I was reclaiming to the DCA who now owns the debt?

 

I can't see how the DCA is ever going to relinquish this money now that they've got their grubby little hands on it or why MBNA would be inclined to pay the full amount to us when they have already paid a substantial sum to the account/DCA

 

Many thanks in advance,

 

Landy x

[landy_alert]

Hi everyone:)

 

A strange thing happened this morning - a cheque arrived from MBNA representing their original offer - ie, PPI premiums plus small amount of 'associated interest' (but not the additional interest as per their follow-up letter)!!!

 

This is despite the fact the follow-up letter received nearly two weeks ago clearly said the refund had been credited to the account - now I'm really confused

 

Landy x

[moose73]

I have just had a similar thing with MBNA, where I received 2 cheques on the same day for different amounts. ! for the original offer, and the second for the revised and correct ammount (with court costs added). I don't know what to do with the original cheque!

 

maybe you may recieve a second correct amount like me in the next couple of days?

[landy_alert]

I have just had a similar thing with MBNA, where I received 2 cheques on the same day for different amounts. ! for the original offer, and the second for the revised and correct ammount (with court costs added). I don't know what to do with the original cheque!

 

maybe you may recieve a second correct amount like me in the next couple of days?

 

Hi Moose:)

 

Thanks for your support!

 

I'm not surprised that I'm not the only one at the receiving end of their c*** ups! I understand your situation as something similar happened to me last year with Sainsbury's Bank, so I guess with all the claims these people are faced with these errors are bound to happen.

 

What puzzles me most about this is whether they have sent the second (correct) cheque to the DCA who now owns the account - I wouldn't actually mind this as it would reduce the debt significantly, but I fear that the DCA won't let me know they've received it and will carry on harassing me for the full balance presuming my ignorance about the refund. As I was hoping to make them a F&F offer in the very near future I really need to establish exactly how much is outstanding I don't want to end up paying more than I have to!

 

Hope you get your MBNA issues resolved very soon, btw!

 

Landy x

[landy_alert]

Hi everyone:)

 

Quick update on this -

 

About a week after the first cheque arrived from MBNA the remaining amount turned up in the form of a second cheque. These have both been banked and have cleared ok.

 

When they had cleared I wrote to the new owner of the account requesting a statement (in order to see if any additional payments had been sent in error to them by MBNA) and today this has arrived. The balance has remained the same so it would appear that the only amounts refunded for mis-sold PPI were those received by me.

 

At least that has cleared that up

 

Landy x