Mbna

[dx100uk]

yep

 

you've won

 

dx

dx

[woody1066]

Icertainly dont win. I am considerably poorer than I thought I was going to be. I apologise if my frustration at times seemed as if I was having a go, I certainly never meant it to be personal.

[slick132]

Hi Woody,

 

I don't know where this scenario is specifically dealt with, either in legislation, in guidelines or in Regulations.

 

Why not ask the FOS for THEIR take on the matter saying:-

 

Would you please confirm the legislation that specifically allows the creditor to credit the full refund to my account.

 

I accept that the refund should be used to settle any current arrears on the account, but I believe the balance of the refund should be paid to me direct.

 

If you cannot provide me with the specific legislation, please refer the matter to an Ombudsman for consideration.

 

8)

[Delboy01]

If the OC sells the debt on and you are claiming charges from the OC and get them they cant, is that right????

[rondodiver]

From my own experience if you owe these people money regardless of any situation any money claimed and won from them will only go towards reducing your debt to them they I believe will never part with any money even compensation which the fos won for me still went to reduce my debt. I know that is not very positive but hope it helps clarify the position .

[woody1066]

Well as a gesture until the decision to appeal or not against the courts ruling on the ppi claim is decided I have placed on hold any further payments that i was going to make to MBNA

[woody1066]

I have had the payment for charges credited to my card. It now leaves a small balance, all of which (and some more) is owed by the miss-sold PPI. I have stopped payments to MBNA while they sort this out. On Sunday I received a telephone call from one of MBNA's Indian threat monkeys, the transcript of which is here for your enjoyment:

 

TM= Can I speak to woody1066 please"

 

Me = Who's calling?

 

I unusually answer the security questions because I want some sport

 

TM = ;Its about the money owing on your credit card"

 

Me = Ohh goody!"

 

TM= Huh?

 

Me = So I assume that you are phoning to arrange for payment?"

 

TM = Yes we are

 

Me = Ok how are we going to do this? By cheque or bay card?

 

TM (now seeing pound signs) = We would prefer payment by card if thats ok

 

Me = Ok a card is fine" Can I have its expiry date please?

 

TM = Huh?

 

Me = the cards expiry date, its written on the front!

 

TM= I dont think you understand, I am talking about YOUR arrears

 

Me = No I understand perfectly I am Talking about YOUR arrears

 

TM = What Arrears?

 

Me = The arrears that you owe me for miss-selling PPI on this card. The court case that you lost last month

 

TM (Long silence) = ;Errr your balance is in arrears

 

Me = So is yours, oh and by the way I am recording this call

 

Me = is there an echoe on this line?

 

TM (long silence again) = Ummm so how much will you be paying today?

 

Me = I dont know, does YOUR MOTHER count as a number?It then desended into a meaningless babble not worth reporting except at one stage I did ask him for his home phone number so that I could phone him and hassle hime for the debt but he seemed reluctant to give it

Edited June 7, 2011 by cerberusalert

[woody1066]

What is it with the formatting?

[cerberusalert]

is that better?

[woody1066]

Much better thank you

[slick132]

Hi Woody,

 

Did you ask the FOS for clarification about the refund being made to settle arrears, with any balance being repaid to you ?

 

If so, how did they respond.

 

[woody1066]

The FOS stated that MBNA were perfectly within their rights to offset

[slick132]

Yes, but did you ask what authority they rely upon to give this opinion.

 

[woody1066]

As far as I can make out there are no guidelines either way so the banks will do whatever suites them best

[woody1066]

Just a quick update. I have now stopped paying MBNA as I estimate that bthey owe me AT LEAST £1500 in missold PPI payments. They are now sending me lettrs threaning all sorts and have trashed my credit file. Are they allowed to do this? if not can someone point me in the direction of letters I can send or legislation I can qoute at them?

[Bazooka Boo]

This is their childish response to not getting their own way, as long as the info on your CRF is factually correct, then they will do as they please.

 

If they were ever going to do anything of any substance then they would have done so in the beginning. You can either continue the game of letter tennis, or simply write to them and state that they owe you money, and until they refund what they owe you, you will not enter into any further protracted niff naff and trivia with them. This is your final response.

[woody1066]

The worrying thing is that they are putting charges on for late payment etc. Is there anyway I can stop this?

[Bazooka Boo]

Let them, you won't have to pay them.

[slick132]

Hi Woody,

 

You must reclaim all penalty charges that are being added.

 

If the bank is reporting alleged debts or arrears to the CRA's that include penalty charges or mis-sold PPI, you should complain about this to the CRA's pointing out that you believe the figures reported are inaccurate.

 

The figures are inaccurate because they include amounts which you claim are unlawful or erroneous, and which you fully expect to be refunded.

 

Put the CRA's on notice that the reported arrears include amounts that are due to be refunded.

 

When reaching settlement with the bank about PPI and/or penalties, ensure it is agreed that inaccurately reported arrears data is removed from all CRA reports.

 

The banks have no right to trash your CRA files with inaccurate data.