Link Claim Forms -MBNA debts

[LKM1982]

How much do you "allegedly" owe? rough figure?

[LKM1982]

Around 4 k ive seen it. sorry getting late lol

[LKM1982]

Have Link actually purchased the debt or are they just acting as agents for MBNA?

[dx100uk]

it would be better if you kept to one thread

 

your original thread is here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?280697-Help-with-MBNA&highlight=

 

did you ever gat the sar back with statements etc?

 

you need to go through these and reclaim the charges & PPI first before you offer an F&F, if that is ever necessary.

 

dx

[LKM1982]

Is this the only creditor causing grief?

[Prudence]

Thank you guys for your replies. Sorry dx about starting another thread but just wanted to get a quick answer about "full and final settlement" ad it's quiet over on the mbna forum!!! The debt was sold to Link about 9 years ago. MBNA did send me a statement for the life of the card with the PPI on it. No, this is not the only DCA causing us grief, in particular WElcome Finance and their DCAs but that is a very long and seemingly neverending story, also Lloyds. Thanks again for your help here, so appeciate it

[LKM1982]

i agree with dx in regards to the ppi. have u tried claiming that back?

[Prudence]

Back in March I had advice from 42Man to write to them following receipt of the SAR to point out to the irregularities on the form about PPI (ie they are that I clearly stated I was self employed. The PPI box was ticked (altho I dispute that I actually ticked it) also there was a date stamped right at the side of it '18 Aug' altho I signed the form on 22 June & has their date stamp on the form as 'Verified 3 July'.

This is what they seem to be stuck with as they just keep on writing to me that they will answer within 21 days (which again has expired and still no news). Now we have had a "Letter Before Action" from Link

[Prudence]

In general, what sort of offer is acceptable to DCAs

[dx100uk]

none!

 

you need to fwd the letters from MBNA regarding the PPI to link and pointout the A/C is in dispute

 

i would not unduly worry about what link keep going on about

they buy unrecoverable debts for penuts and like all the rest - try to fleece people.

 

their threats are empty - ignore them.

 

dx

[Prudence]

Thanks very much dx, I will do. Much appreciated. Pru

[Prudence]

Hi, need further advice on this please. To update I sent Link a copy of one of the MBNA letters which said they were still investigating and I received a reply from Link to say they would put everything on hold. A couple of days ago I received a letter from MBNA saying they were sending me a cheque for PPI (c£800) which has arrived saying that this "is in full and final settlement" of my "complaint". I am wary of accepting this as by doing so, does it prejudice any other complaint I have against them?

[ims21]

Hi Prudence

 

I'd like to help you if I can. I've read the thread quickly and before we move forward, can I just see if I've got thsi right. Your queries are

 

1->The validity of the CCA docs?

 

2->A claim for mis-sold ppi?

 

3->A claim for unfair charges (i.e. Late payment/Over Limit)

 

4->Getting the DCA off your back?

 

5->Your SAR to MBNA revealed all statements on the account?

 

Am I close?

 

Regards

 

ims

[Prudence]

Thank you very much IMS for your reply. Yes you are spot on. This cheque that has arrived - I am wondering that if I accept it does that prevent me from any other claim on them, ie will accepting it give way to Link to pursue me again? This PPI was a shambles as it clearly stated on the app form that I was self-employed and I don't believe that I actually ticked the box for it! This account was sold to Link about 9 years ago. Many thanks, Pru

[ims21]

Hi Pru

 

Excellent...lets go through this a bit at a time.

 

First, I don't think it is wise to rely on the enforceability/unenorceability of CCA docs any longer. There is an interesting thread on this in the Debt Collection form which may be of interest.

 

Second, with regard to the ppi, have you done any calculations as to what you should be getting back including the interest? You can then compare what you have been offered agains what you expect to see if it is correct.

 

I can't see reference to it but have you done anything as yet in respect of reclaiming the unlawful charges?

 

Regards

 

ims

[ims21]

Oh

 

And what is the current state of play with the DCA?

 

ims

[Prudence]

Thankyou. Ok will look up the new CCA information.

I reckoned the PPI paid to about £450 (without any interest or anything) - they have sent me c£800

I haven't done anything about the charges yet.

 

The last I heard from DCA was a few weeks ago when they said they were putting things on hold in view of my waiting for MBNA.

[ims21]

OK

 

So DCA gone quiet for now. Good. Let's concentrate on MBNA.

 

Now, with regard to the ppi you have recieved, it should at the very least be the premiums paid plus their contractual interest. I've attached a spreadsheet you can use to work out what you should have got.

 

Change the APR in the blue section to the APR rate of your card. In the list, enter the date, a description (ppi premium) and the amount of the payment. All of the other calcs are done for you. So you only need to enter list data in columns A, B and C. You will see the total charges and total nterest update as you make each entry. When you're finished entering the information it will give you a final figure. Then change your personal data in the blue section.

 

When you've done this, let's see what the difference is.

 

You can use the same spreadsheet to prepare a schedule of claim for the charges. Now that you're up and running again, you might as well get this sheet done too.

 

You will probably have to issue in court to get the charges back but I would think its worth it.

 

PPI is top of the list as you are moving nicely forward with this.

 

Regards

 

ims

 

CISheet.xls

[Prudence]

Thank you very much for that and I will look into the paperwork to try and establish the charges. In the meantime, if the cheque is banked does that indicate that we have "accepted" resolution of our complaint?

[ims21]

Not necessarily.

 

I know you'd love to bank the cheque but I would do that spreadie first and see what the difference is. If there is still more to come then you can bank the cheque on the basis that you are accepting it as partial settlement.

 

If it turns out that it is very close to the figure that you claim, you can accept as full settlement of the ppi claim only.

 

That's why I think it important to know the figures.

 

You've waited a while to get this payment so another few days won't hurt.

 

Regards

 

ims

[Prudence]

Thankyou - I will do that. I hope I can find you again in the future when I do my calculations! You've been very helpful.. Have you any experience with Welcome Finance? If so, and if you have time to have a look at my thread below, I would really appreciate it: This one is our biggest bugbear!

http://www.consumeractiongroup.co.uk/forum/showthread.php?313928-Help-with-claim-under-DPA-Welcome-Finance

[ims21]

Hi Pru

 

You'll find me...don't worry. As soon as you post back here I'll get a notification.

 

I'll have a look at your Welcome thread and see if I can help. If I can't, I know a man (or lady) who can.

 

Regards

 

ims

[Ricardino]

Hi Pru,

 

just to give you some helpful pointers regarding the PPI.

 

In my case my Defence was one of a set off against their claim. Before they issued proceedings they reduced the debt by 6 years of PPI

plus an adhoc interest payment. During a SJ hearing the Judge asked if they were prepared to offer the total sum of PPI premiums paid throughout the duration + (contractual) interest. This figure was more than double what they had offered me. I also included all my late/overlimit charges (+contractual) which they offset during litigation.

 

The Judge then asked how I had come to my figures [blake Lapthorn Calculator (available on line) who he knew of] and then asked their counsel why it had taken over 2 years to resolve. Their response was they couldn't work out how I'd come to my figures, which the Judge then responded "well now you do".

 

As there were other issues (recon agreement, recon t&c's, he informed both parties the matter had to go to trial. Needless to say they called a few days before the trial date aking me to make an offer and in order to avoid the possibility of paying their costs even if I'd won(Judge had already made a no order to costs at the SJ) I offered them the balance between the claim and all of the above.

 

So in conclusion I would get MBNA to pay back everything, PPI premiums, Late fees, Overlimit fees, all with contractual interest on top!

 

Good luck

 

Ric

[Prudence]

Thank you very much Ricardino for taking the trouble to reply. I have logged in late after a long day at work so will study you reply tomorrow and have another look through the SAR stuff that was sent me as I could not find the charges when I had a quick look at the weekend after getting help from IMS21. I may need to call on you in near future for advice after your substantial experience with them, if you don't mind that is! Thanks again, Pru

[Ricardino]

No problem Pru,

 

not on every day but do get mail notifications from threads so will get back if i get one.

 

Ric