MBNA PPI - partial payout.....

[ims21]

If the account was sold then there is no right of set off. All you need is a simple letter to fos reminding them of this.

 

Be aware though, that some companies buy the debts back simply to allow a set off to happen. I'm not sure that I have seen MBNA do it though.

[AfterMidnight]

Congratulations AB1979 - that is good news, looks like well done on gaining a recalculation, and hope this is sooner rather than later, or doesn't involve more loops. Along with the no rights of set off reminder to FOS, you will need to ask through FOS for MBNA to supply their calculations, as you have said, and any justification they have for using any non-standard calculation method. You could find that this might become something of a two-part fight, but you have an open case at FOS - and there seems to be more sight/awareness of the possibilities of MBNA's shenanigans there as of late. I would keep it simple in terms of asking for a fair, understandable and unquestionably PS10/12 complaint calculation - as you understand there are strong questions regarding recent MBNA calculation methods in terms of treating customers fairly. Three words we may hear a lot more of soon, as I understand likely to be general guideline buzzwords.

 

 

Well done again - battle won, hope the whole war goes your way too.

[AB1979]

Quick Update: MBNA have agreed to make an offer as per FOS guidelines. The letter came a month ago but I've only seen it now, hopefully I can get paid within six weeks

 

Thanks a bunch guys!

[Andybars]

That's good news - but just remember MBNA's idea of "within FOS guidelines" may differ from that of everybody else. I would await the figures and see how they compare to your own - if the offer isn't within the guidelines you should go back to FOS and ask them to investigate further

[AfterMidnight]

Good stuff AB1979

 

 

Hope this happens fast for you, and is a properly constructed calculation - that there is no need to argue further on. Took time, but definite good progress.

[AB1979]

Hello guys, long time no speak.

 

We now have a refund letter! For some reason the amount offered is a few thousand below the amount in my spreadsheet. Surely I haven't made that much of a mistake?

 

Or is this another example of MBNA's "creative" interpreting of PPI figures? How would I go about getting a proper breakdown of the figures? And how do I dispute them if they are wrong?

 

And should I bank the cheque when it arrives?

[Andybars]

I would ask MBNA for a copy of their calculations explaining that you cant accept the offer without checking it. MBNA are one of the few lenders that will send full calculations (ironic since they are often amongst the least accurate). Once you have these and post an anonymised version on line somebody can have a look at these for you

[AB1979]

I would ask MBNA for a copy of their calculations explaining that you cant accept the offer without checking it. MBNA are one of the few lenders that will send full calculations (ironic since they are often amongst the least accurate). Once you have these and post an anonymised version on line somebody can have a look at these for you

 

Hi Andybars, thanks for your quick reply!

 

Their letter says that banking the cheque will not prejudice me if I have further queries.

I've also just had a playabout with my FoS Running spreadsheet. If I change the rate of interest from 35% (which the card ran at for the majority of its life) to 20%, I get a number very close to what I was offered. Fancy that!

 

Either way I will craft a letter requesting a copy of their calculations. Do you have any idea when they might send it to me?

[AfterMidnight]

From what I have seen for myself and others it will likely take around 3-4 weeks after asking to get calculations from MBNA, after, that is, you have made it very clear these are required from them, by you. I would ask very strongly and clearly in writing, then diary forward for a couple of weeks to send a reminder. Or even at that point call Customer Advocacy with a reminder - I did, and then received a calculation reply in a couple of days...and it is one the very few reasons, ever, to talk to MBNA over the phone!

[AB1979]

From what I have seen for myself and others it will likely take around 3-4 weeks after asking to get calculations from MBNA, after, that is, you have made it very clear these are required from them, by you. I would ask very strongly and clearly in writing, then diary forward for a couple of weeks to send a reminder. Or even at that point call Customer Advocacy with a reminder - I did, and then received a calculation reply in a couple of days...and it is one the very few reasons, ever, to talk to MBNA over the phone!

 

I wonder, who should I address the letter to?

[AfterMidnight]

You could try:

 

 

a) Anyone that sent you a related letter so you have a name to consequently contact.

b) The Customer Advocate Office - PPI, MBNA Limited, PO BOX 1004, Chester Business Park, Chester, CH4 9WW

c) Gail Powell, ‎Senior Complaints Manager at Bank of America - as of Chester address.

 

 

AMN

[AB1979]

OK..............I have the calculations now. I have scanned them and I don't believe they have any identifying information.

What is the best way of getting someone to have a look over them?

[AB1979]

*bump* still needing some help here

Anyone?

[citizenB]

Sorry, you were missed.. If you have removed any identifying information then simply upload the docs to this thread and I will ask someone to have a peek for you.

 

You will need to convert to pdf format - if you then follow the instructions below you should be able to upload without any problems.

 

 

Dx100 – Instructions on uploading pdfs

Scan the required letters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button

 

 

[AB1979]

Sorry, you were missed.. If you have removed any identifying information then simply upload the docs to this thread and I will ask someone to have a peek for you.

 

You will need to convert to pdf format - if you then follow the instructions below you should be able to upload without any problems.

 

Ah, I uploaded them to my dropbox because I was travelling for a while, and I think they are in gif format. Is there an easy way to convert gifs to pdf?

 

Oh wait the instructions are there!

[AB1979]

I hope this works......I apologise in advance for the orientation.[ATTACH=CONFIG]52440[/ATTACH]

[AfterMidnight]

Hi AB79

 

 

Your calculations are pretty much what I would expect (from MBNA that is). They use a very idiosyncratic way of calculating redress - with "F&Ms", as per appear on your copy, allowing for them shifting values around and with interest being split and manoeuvred into kinds that suit the firm, if their aim was payment minimisation. F&Ms occasionally assumed on some months (redefined by MBNA as being so) as "Full" and "Minimum" - so sort of justifying an over-reaching twist-take on of a part of FOS guidance intended for something else entirely. This over-assumption that they can do what they like is currently being investigated by FOS, as detailed in some other threads, so if you complain specifically to FOS re. this aspect (as you should) you will be in the company of a number of others .... takes a while to get anyone's head around what they have been doing ...

 

 

AMN

[AB1979]

So it looks like I will have to fire off another letter to the FOS complaining. Should I write to MBNA as well?

And what should this letter say, is there a template available? I don't want it to look like I am being lazy here but I am away from the UK temporarily and I would like to shortcut the process.

 

Many thanks!

[ken100464]

AB1979

 

If you already have a FOS complaint in I would just write to them no point wasting your time with MBNA.

 

Just send something along the lines of you are now aware MBNA's calculations are under investigation by the regulator and Ombudsman and you would like to add your claim to the many who already have complained that MBNA are not following the regulators rulebook but instead seem to be using a vague Ombudsman bit of guidance which has nothing to do with the way your account was operated.

 

But dont expect a quick result as we have been stuck in this for nearly 2 years now. However the more people who pick up on this then hopefully no sweeping under carpets can happen.

 

Good luck

[ken100464]

Oh just to add and not sure if you had any overlimits in your account. If you did and your own calculations indicate your account was not over limit at the time then claim them also

 

MBNA are sticking to the line that they applied PPI last each month and therefore it cant have caused the PPI.

 

But the whole point of a reconstruction of your account is to show what it would have been if the PPI wasnt there. Very quickly and over time most accounts will dip below the limit if you went over it. So many of us will have an account reconstruction where sometimes the reconstructed balance is in credit to us but MBNA still want to charge us an overlimit fee.

 

They have actually gone to press to say these charges should stand because they are applying the PPI last so it wasnt the PPI that caused it completely ignoring in their favour the months and months of PPI and associated interest that shouldnt be in your account in the first place.

 

Even the FOS spokes person seemed to think charges should be coming back to us.

[AB1979]

I spoke to the FOS 2 days ago and the guy on the other end of the line seemed to think that MBNA were following guidance. We know that that's not true; he also suggested speaking with MBNA before going the FOS route.

 

I intend writing a letter simultaneously, but what should I say in my letter and call? I have the breakdown as indicated so I am wondering how technical I should get in this call.

[AfterMidnight]

I think, stick to the idea as per Ken's above #69 post : "Just send something along the lines of you are now aware MBNA's calculations are under investigation by the regulator and Ombudsman and you would like to add your claim to the many who already have complained that MBNA are not following the regulators rulebook but instead seem to be using a vague Ombudsman bit of guidance which has nothing to do with the way your account was operated."

 

 

I would tend to keep it relatively simple. Your adjudicator seems to be (understandably for them, if not acceptable for the organisation) pretty well handling things by "the rulebook" (which is somewhat in need of an update) in terms of standard procedure as opposed to really considering what is going on. I would mention "as being investigated by FOS's Vicki McAusland and others". As part of the old Attention-Interest-Action model for asking anyone to do anything: you have the attention bit - I would suggest to them it was very much in their own interest to keep up with current affairs regarding MBNA methodology as viewed internally by FOS/FCA. In a nice way of course. It's just that FOS people can't believe easily (why/how/deliberateness) that a major bank could be "wrong", and assume much more likely any complainant is more than likely a confused or misunderstanding or "motivated" individual. Which is a bit sad really. Jumping to the realisation that FOS have themselves been scammed while half-dozing for years, by people using their name as false-look-proof-of-OK - is something of a step for FOS staff ... although if not done soon (they have had sufficient opened information for six months) - they may find more vastly more public attention channels loudly and uncharitably doing their job for them ...

 

 

So .... keep it simples and suggest your contact asks around a little ... while undoubtedly and unmistakably asking for further consideration and action on your own file.