PPI Claims & Debt Collection Agencies

[sglendevon58]

I am about to file a claim against MBNA for PPI mis-selling. They have sold the debt to a debt collection agency to whom I am making regular payments.

 

If my claim is successful, who will be the benificiary of any compensation payment?

 

Thanks

[ims21]

If the account has been sold then you should get the money. MBNA have no right of set-off if they have sold the account to a third party.

[dx100uk]

who's the fleecer they have sold it too>

 

dx

[sglendevon58]

1st credit

[dx100uk]

what is the default date from tyour cra file

 

and have you ever fired them off a CCA request?

 

dx

[sglendevon58]

how do i get the default date from my cra file?

 

What's a CCA request?

 

Thanks

[dx100uk]

send then this:

 

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

leave the payee BLANK

post the two off by 1st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

 

 

........

 

and get your CRA file ...........see below.

 

so how did 1st crapit get you paying them?

a threat-o-gram?

 

dx

[sglendevon58]

Might be being thick but who do I send that to - MBNA or 1st Credit?

What response is it meant to provoke?

How does it progress my PPI claim?

 

1C only getting £2 p.m. on £14,500 debt !

[sglendevon58]

Why does noddle want my card details? Are they to be trusted?

[dx100uk]

yes simply for verification

 

dx

[dx100uk]

Might be being thick but who do I send that to - MBNA or 1st Credit?

What response is it meant to provoke?

How does it progress my PPI claim?

 

1C only getting £2 p.m. on £14,500 debt !

 

the debt has been sold to 1st crapit

they get the CCA they are taking money from you.

 

ANYONE the demands money from you MUST hold a copy of your SIGNED credit agreement.

 

if you've other debts

I suggest you do the same

hope you are not being cash cowed here

 

dx

[sglendevon58]

Gonna make this really simple. If I succeed with a PPI claim from MBNA, can they set-off or not given that the debt is sold to 1st Credit?

 

Where is the legal basis for this that I can quote in my accompanying claim letter?

 

Thanks

[ims21]

See post #2 above.

 

The case law often referred to is Edlington Properties -v- JH Fenner & Co.

 

You don't however mention this in the claim letter as they may well pay you direct anyway. It is only if they try to set off that you challenge them.

 

The normal route to take with a claim is a completed fos questionnaire, a spreadsheet of claim and a brief covering letter. All of your reasoning for the mis-sale will go in the questionnaire.

[sglendevon58]

I've checked my credit report and there are loads of defaulted accounts missing. Now I can't find out who the debt was sold to. What do I do next?

[dx100uk]

why do you need to know that?

 

dx

[sglendevon58]

To send the CCA letter.

[dx100uk]

why do you need the CCA?

 

dx

[sglendevon58]

to get the original credit agreement

[dx100uk]

you are missing the point

 

unless you want to front 1st crapit, no cca = no pay

 

you don't need the cca to reclaim ppi.

 

dx

[sglendevon58]

so how do i find out if i had ppi on old credit cards? don't have any statements now.

[dx100uk]

you sar the OC.

 

a cca will tell you if you were charged PPI but not the amount each month

 

the SAR will give you all the statements.

just be aware that MBNA are known to 'diddle' with the refund methods

 

ideally you need to read link 2 below

 

and poss a few MBNA PPI threads

 

its quite easy really

 

dx

[dazza12]

If it helps, I've recently put a PPI complaint in to MBNA and got my refund cheque this morning.

 

My situation was similar to yours in that my debt of over £4000 was sold to Link Financial.

 

Although they contact me occasionally, I CCA'd them as above a couple of years ago, they didn't produce evidence they had the original paperwork, so they can't collect it.

 

Hopefully I can clarify what's being done here.

 

By sending the CCA request to 1st Credit, if they can't produce it then they have no legal basis to collect the debt.

 

This means you no longer have to pay them anything as they can no longer legally prove you owe it.

 

Chances are they only bought the debt for a few pounds on the debt market so they're not going to lose out by much (if at all),

but as far as MBNA are concerned, they've written off the debt.

 

If 1st Credit can produce the CCA, then nothing changes, you continue as before but the chances are they won't be able to get hold of it.

So, not only do you potentially get the redress, you're immediately a few grand up due to the debt becoming unenforceable.

 

MBNA are normally quite good with Subject Access Requests.

 

They provided me with full details of my account including transaction data from its' opening in 1995.

 

They've also been quite quick with the PPI complaint (4 weeks) and redress (2 weeks)

 

so hopefully you shouldn't get too much trouble on that front,

 

however as mentioned they've been short changing some people by under-calculating the redress payment.

[sglendevon58]

Thank you very much for the clarity. Best reply I've had. How much did you get from MBNA? I had three accounts worth c.25k.

[sglendevon58]

MBNA sorted,

 

now for GE Money!

 

The story..................took out a loan with First National brokered by Loans.co.uk for £16k over 180 months in 2002.

 

Up front ppi premium was added making total £17384.

 

PPI was only for five years yet paid for over full term.

 

Didn't even need it since I was fully covered by job T&C's for sick, redundancy etc (18 yrs service with enhanced terms over and above statutory cover).

 

Loan was CCA regulated and secured on my home.

 

Schedule clearly says it is First National Protected Payments Plan.

 

Loan settled 2005.

 

Have done the questionnaire,

SOC and letter ready to go

 

but have read that GE refer complainants to the broker - now gone bust.

 

S56 CCA is effective in this case presumably and they remain liable as they bought 1st National. Agree?

[sglendevon58]

Oh, and the interest rate for the loan was 8.75%. How much should I get back?