MBNA PPI Query

[dx100uk]

sold before the rectify date - thats typical for mbna.

and they've got the 14 days correct too...thats rare!

 

now, what figure is mentioned on the dn that you must pay before the 25th....

 

full bal or arrears...

 

it wont matter much to the ppi reclaim as they can only off-set arrears anyhow/eitherway

 

dx

 

oh and PS MBNA dont do termination letters

[Smoothound]

sold before the rectify date - thats typical for mbna.

and they've got the 14 days correct too...thats rare!

 

now, what figure is mentioned on the dn that you must pay before the 25th....

 

full bal or arrears...

 

it wont matter much to the ppi reclaim as they can only off-set arrears anyhow/eitherway

 

dx

 

oh and PS MBNA dont do termination letters

 

Here is the DN itself Assume it's the arrears but probably includes charges etc.

 

[dx100uk]

no thats ok they've just asked for arrears

 

very rare for that from MBNA

 

dx

[Smoothound]

no thats ok they've just asked for arrears

 

very rare for that from MBNA

 

dx

 

 

So basically the DN is faulty as they've sold it before my time had run out so I am only now liable for the arrears plus I can hopefully reclaim the PPI as and when?

[dx100uk]

i believe that is correct

 

there are a few MBNA threads here the same

have a read.

 

dx

[Smoothound]

sold before the rectify date - thats typical for mbna.

and they've got the 14 days correct too...thats rare!

 

now, what figure is mentioned on the dn that you must pay before the 25th....

 

full bal or arrears...

 

it wont matter much to the ppi reclaim as they can only off-set arrears anyhow/eitherway

 

dx

 

oh and PS MBNA dont do termination letters

 

 

Going to have a good read around today but I'm curious how most people get around the fact that MBNA don't do Termination Letters? Surely as soon as you start pursuing the fact that they have served a faulty DN they can issue a new one? In my case I suppose the fact that they have sold the debt on before the DN has expired makes it simpler but would it still not leave me in a shakey position if it went to court? I've been advised on another thread to write and ask for clarification of the sale and date of sale but I'm worried this will cause them to smell a rat due to the recent activity on my Comms Log?

[dx100uk]

you cannot have two dn's for the same 'default'

if nowt has changed since the issue of the first invalid one, they cannot issue a second.

 

there are lots of good threads on your situation, pretty typical

 

dx

[Smoothound]

you cannot have two dn's for the same 'default'

if nowt has changed since the issue of the first invalid one, they cannot issue a second.

 

there are lots of good threads on your situation, pretty typical

 

dx

 

Ah right! On another thread I got the idea that if a Termination hadn't been sent and you challenged the invalid one then the OC would just send out a new one rectifying the mistake? Having said that as they have sold the debt before the DN had run it's course which is backed up by screen dumps and the Comms Log in my SAR they don't have a leg to stand on. Also reading the DN itself it almost doubles as a TN because it says if it's not complied with "the account WILL be closed and the credit agreement WILL be terminated"

 

Still wading through the Invalid Default Notices thread and then I'll go look at some MBNA specific ones

[Smoothound]

I've read through quite a few cases so far and most seem to get a letter demanding the full amount which I read is as good as a termination letter. In my case I had nothing at all just the entries on the Comms Log showing the DN followed by the sale to Experto! The next entries on the Log appear to be my SAR and CCA requests!!

[Smoothound]

Back to the PPI part of this thread now

 

I've had no response to date regarding the additional PPI info I need, is it too soon for a second letter to chivvy them up or should I let fly?

[dx100uk]

if you get a letter demanding the full amount [not just arrears] then you are only liable for the arrears. [but in your case they haven't so no dice]

as for DN, again, you cannot have two for the same default, even if one is 'invalid'.

 

with the ppi issue, they have 8 weeks,

unless you know otherwise that the info exists, i doubt you'll get it as its past 6yrs?

 

dx

[Smoothound]

if you get a letter demanding the full amount [not just arrears] then you are only liable for the arrears. [but in your case they haven't so no dice]

as for DN, again, you cannot have two for the same default, even if one is 'invalid'.

 

with the ppi issue, they have 8 weeks,

unless you know otherwise that the info exists, i doubt you'll get it as its past 6yrs?

 

dx

 

 

So that's 8 weeks to produce the info or 8 weeks after I put in a claim to settle it?

 

Yeah this is the thing I'm not sure about now really as the SAR contained 4 years(supposed to be 6 years I read) and I've requested the rest. If I only get another 2 years people have said you need to guestimate the previous years which is a pretty tall order as it's a long time and a lot of payments!! How the hell do you do that without appearing as mercenary as they are?

[dx100uk]

you are not a mecenary.

its money you have been fleeced of unlawfully.

 

now, so if you are relying on your orig SAR, then they objectively, have only 40 calendar day from the date you sent the SAR to comply to it.

did you send the failure to comply letter or just one of your own?

 

dx

[Smoothound]

No I sent only a request for further info regarding the PPI part of the SAR under the current SAR request.

[Smoothound]

From my records the original SAR was signed for on the 19/7/10 the updated request for PPI info was signed for on the 3/9/10. I will give them to the middle of next week to send the rest of the PPI info then send a failure to comply letter.

[Smoothound]

Got another letter yesterday from the DCA with another copy of the same CCA with T&C attached, why? Also acknowledging they are awaiting a response from the OC regarding the PPI issues which is a repeat of a previous letter! Do they know what they are doing at all?

[Smoothound]

Still not had any further PPI info from MBNA. The original request was sent on 19/7/10 and the request for further PPI information was received on 3/9/10. Am I now justified in sending a failure to comply letter off to them?

[miss muppet]

Still not had any further PPI info from MBNA. The original request was sent on 19/7/10 and the request for further PPI information was received on 3/9/10. Am I now justified in sending a failure to comply letter off to them?

 

Did you send a subject access request, they have 40 calendar days to comply with this and then you report them to the Information Commissioner if they don't comply.

[Smoothound]

Time to report them then assuming nothing arrives today...

[Smoothound]

Just in the process of doing the non compliance letter and I get this in the post!! It's only taken them nearly a month to write to me to tell me they are looking into the additional years of PPI payments over and above the 4 they sent in the original SAR. Funny they appear to have given themselves 40 days from date of receipt of that letter not the original SAR as well! Surely it can't take that much sorting out so I'm guessing this is just the usual stalling tactics

 

[Smoothound]

Still no reply on this. I realise that the 40 days actually pertains to the original SAR not from the receipt of the further info letter but I'm going to let the 40 days expire on that before I do anything else Is it 40 working days or 40 calendar days?

[dx100uk]

cal

 

you are being too kind

 

dx

[Smoothound]

In that case you are right I am being too nice as the 40 calendar days were up on the 12th of October so time for another non compliance letter I guess

[Smoothound]

Sorry I've been laid up I'm just about to put the following in the post if someone could just run an eye over it please

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account:

 

I am in receipt of your letter dated 24th September 2010 saying you are investigating my request for further information received by you on 3rd September 2010 that was not included with my original Subject Access Request that was received by you on the 19th July 2010.

 

You have failed to provide a complete list of Payment Protection Insurance charges requested. I requested all charges from the start date of the credit card to it’s end in February 2010

 

 

The time for compliance with my request has now expired twice. Once due to the lack of information in the original request and subsequently from your letter listed above where you assured me I would receive “a full written response within 40 days from the date we received your letter”. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

[Smoothound]

I will assume the above is OK then