PPI Claim against MBNA c/card. Involves 1st Credit & Connaught DC Agencies

[AdvS1]

I'm writing about requesting PPI from MBNA re: my old credit card account. I am also wondering about claiming back charges to the account i.e late fees, overlimit fees, interest. etc. The monthly interest rate charge was 1.6674% .

 

MBNA c/card a/c was opened on 7th May 2003 and on the statement it clearly shows Payment Protection Cover. The opening credit limit was £4,100.00 and the closing balance on 8th December 2005 was £5,926.16 . The a/c was sold to 1st Credit dca in January 2006, and then I started receiving discount letters from Connaught Collections.

 

To date I have estimated that my account with Connaught, has a current outstanding balance of about £5,530.00 . I would really appreciate your advice on the first steps to dealing with this.

 

I bank with Natwest and have a new Select bank account which was set up to replace my savings account (which I was using as a current account).

 

From August 2013, the savings account will no longer accept direct debits and standing orders, and I have been advised by Natwest to inform all companies accordingly.

 

I have yet to do that with the c/card dca's, especially when I saw this post here http://www.consumeractiongroup.co.uk/forum/showthread.php?37604-Connaught-Collections-uk-ltd&p=314480&viewfull=1#post314480 where a respondent called HUSBANDKHAN is informing the OP to not contact Connaught, as that will cause a roll-on of 6 years further debt.

 

Is this true? Can you elaborate further?

It made me think of my own situation which is summarised below:

 

- Made redundant from my full-time job in April 2003

- became Self-employed in January 2004 to date

- Currently in repayment plans of £5 and £1 via advice from CCCS since July 2005 with different c/card companies and one bank – First Direct.

- I also have three closed accounts i.e. HSBC bank account, HSBC credit card (a joint account with ex-boyfriend), and Lloyds TSB for Car Insurance that I will want to investigate.

- This week, I contacted Kwik Fit Insurance by phone for PPI redress on car insurance payments dated November 1998 to November 2002. They told me that they stopped selling PPI, but didn't state when this decision was made.

- Upon their request, I quoted all the relevant details and was told that there was no record of my account. I do have my paperwork with details to hand. Kwik Fit were courteous and I received a prompt email response and a letter the very next day. It stated that they will investigate my complaint and get back to me in 20 working days.

 

There is a lot going on with my accounts, however I want to now focus on the open accounts that I am currently paying, first.

 

Re: MBNA, I believe that I last contacted them on the 26th February 2007 to set up automated bank payments. This was in response to their letter dated 19th February 2007 where they had ~ “intention to issue a Statutory Demand under the Insolvency Act 1986 (Bankruptcy) as we are unaware of any valid reason for your non-payment”.

 

They went on to say ~ “Should you fail to contact us within seven days then our designated agent will be asked to attend your property in due course within the hours of 8:00am – 8:00pm for the purpose of serving you with the said notice.”

 

Please let me know if there is any other information you require?

I welcome your advice on the first thing to do to get claims of PPI with related charges, and with other relevant guidance.

 

Also, am I legible to claim back main payments made on the accounts over it's duration?

 

Thanks in advance.

 

Regards,

AdvS1

Edited July 13, 2013 by AdvS1
duplicate word

[ims21]

Hi

 

You would be best to start a new thread for each of the accounts you need help with.

 

Let's use this one for the MBNA stuff.

 

This account was sold in January 2006.

 

It appears that you have been making payments to them. Is that correct?

 

This debt will only be Statutory barred if there has been a clear period of six years where no payment has been made or an acknowledgement of the debt in writing by yourself.

 

By selling the account off, MBNA have no right of set off so any refund of PPI must come to you.

 

It sounds like you have all of the statements for this account. If that is so then you can complete this spreadsheet to work out what you will be looking to get back for the PPI.

 

FosRunningPPI v102.xls

 

The standard process is to complete a fos consumer questionnaire and send it to the lender with a brief covering letter. They will have 8 weeks to investigate and give you a final decision. The consumer questionnaire can be downloaded from here

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

As far as the penalty charges go, I would treat them as a separate claim. Use this spreadsheet and work out the amount that you are going to claim. The interest rate to be used is the rate that they were charging you on the card.

 

CISheet v101.xls

 

 

When you have your figure, come back here and we can help you with the claim process.

[AdvS1]

Hi ims21,

 

Thanks for your prompt reply. I will make new threads for the different accounts.

 

Yes, I have kept up-to-date with my payments to Connaught. The next one is due in August, so from your response, I guess I will have to inform them of my new bank account details.

 

I will get onto the other form as soon as I can.

 

Regards,

AdvS1.

[ims21]

Personally I wouldn't give them my bank details.

 

It is best if they give you theirs so you can set up a regular payment using your internet banking.

 

BUT, before you do that, have you ever sent them a CCA request to ensure that they have a right to collect?

[AdvS1]

Oh, Okay.

Yes, I think I have that set up already where I have their a/c details.

 

No, I have never sent them a CCA request.

I just assumed that because they contacted me on MBNA's behalf, that it was a referral/continuation of required payment.

 

Sending them a CCA, is that a simple process?

[ims21]

Hang on...Post #1 says the account was sold to 1st Credit......now you say they are acting on behalf of MBNA?

 

It makes a difference so which one is it?

 

Did you ever receive a notice of assignment?

[AdvS1]

I make monthly payments of MBNA credit card payments to Connaught who are their dca's.

Before that, I received a letter from MBNA informng me that they had sold my a/c to 1st Credit.

I believe that 1st Credit and Connaught are related companies, in some form.

 

I have not seen a letter with the term notice of assignment, but I do have letters from MBNA with titles:

 

" Notification of Default and Termination"

"Notice of Proceedings from MBNA EBL"

 

I can't see/find anymore letters (to hand).

[AdvS1]

Re: your comment here "It makes a difference so which one is it?"

 

I receive yearly statements from 1st Credit and I receive discount offer letters relating to my monthly payments, from Connaught.

Connaught always refer to the following in their title "Re: 1st Credit Ltd - Mbna Outstanding Balance £x,xxx.xx"

 

Regards,

AdvS1.

[ims21]

Ok Connaught are with 1st Credit and not MBNA.

 

So I would send a CCA request to whoever you are paying. If there are discount letters flying around then this can be an indication that there is something not right with the debt.

 

There is a template for the CCA request here.

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

The statutory fee is £1. Mark your cheque or postal order "For Statutory Fee Only".

 

They will have 12+2 working days to provide the documents.

 

In the meantime, crack on with your spreadsheets for the PPI and charges reclaims.

[AdvS1]

Thank you, I will compile and send the letter.

 

Also, regarding completing the spreadsheet with my c/card statement details, I have already noticed a gap

in the dates that I have to hand. I'm going to look again for the statements at home.

 

However, if I need to have them to fill in the form accurately, would you suggest that I contact MBNA

to get the ball rolling or do a best guestimate?

 

Regards.

[ims21]

If you have missing data then I would SAR MBNA.

 

There is a template for SAR (Subject Access Request) in the CAG library, the link to which is at the top of every page in green.

 

Statutory fee is £10 and they will have 40 days to comply.

[AdvS1]

Okay. I have a lot to be getting on with.

 

Thank you very much, I really appreciate your responses.

Please enjoy the rest of the lovely weekend

 

Kind regards,

AdvS1.

[dx100uk]

get your cra file too

 

if a debt you are currently paying does not show

 

start making noises to whom you are paying regarding their rights to demand payment.

 

ie CCa request

 

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 [PC print yourname - do NOT sign it!]

[AdvS1]

Hello dx100uk,

 

Thank you for your reply.

 

Does the CRA refer to Credit Reference Agency?

If so, then I will look into that from next week.

 

I will come back to this thread and keep you posted of my developments.

 

Kind regards,

AdvS1.

[dx100uk]

yep

 

dx

[AdvS1]

Good Afternoon Guys,

 

I sent off for a cra with CallCredit and received it today. Looking at the file, I noticed that under the heading Credit Search History there is an entry from Moorcroft aka MC, for February 2013.

In due course I will post a new thread for them re: ppi etc., on credit card, from the original lender Nationwide c/card.

I have included the details of the CallCredit search here:

 

Credit Search History

My name - correct

My address - correct

Search date: 21/02/2013

Date of Birth: correctly stated

Search Organisation: Moorcroft Debt Recovery (CT, SR, CT, BATCH)

Search Organisational Unit: Moorcroft Debt Recovery BSB, (SR)

Search Purpose: Debt Collection

Type of Application: Sole

Balance/Limit: Not Supplied

Term: Not Supplied

Credit Type: Not Supplied

Transient Association: N/a

Start Date of Address: Not Supplied

End Date of Address: Not Supplied

Current Address Match: Yes

Opt In / Opt Out Opted In

Search Reference Number: {specific reference number quoted}

Notice of Correction

There is no Notice of Correction associated with this individual

___________________________________________________________________________

 

From this information above, I don't know why MC have conducted a search using my details? I have not been in any recent contact with them and have not authorised or instructed them to look into my credit history.

 

Are they allowed to do this?

What do I do about this as from CallCredit's notes, this search by MC will stay on my file for 2 years. Can you please advise me?

Thanks in advance.

[AdvS1]

Also, there are other payments I am making to other dca's and not one of their details/names are highlighted on CallCredit's file.

[dx100uk]

if a debt you are paying does not show under who you are paying it too

then fire them off a CCA request

 

dx

[AdvS1]

Hi Dx,

 

Will do and will use your response, as previously mentioned.

 

In the meantime, should I continue to pay them or cancel the d/debits and s/orders?

 

Regards.

[dx100uk]

not yet.

 

lets gather info first

 

dx

[AdvS1]

Rightio.

Will get onto it. Thanks so much, dx.

Have a restful night

 

Regards,

AdvS1