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PPI Reclaiming discussion Part III

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  • maxdp
    maxdp Posts: 3,873 Forumite
    ElastiMum wrote: »
    Hi Guys

    Just wondering if anyone has had success claiming PPI refund from MBNA credit card? I've been paying PPI on my cc for longer than I care to remember. I'm actually on the phone at the min trying to cancel it, but I don't remember how/why I took it out in the first place!!!
    Any advice appreciated.

    Yes had two claims with MBNA on credit cards. One paid back before going to FOS about 3,000.00 the other about 1000,00 with FOS Adjudicator right now.:rotfl:
    :mad:
  • maxdp
    maxdp Posts: 3,873 Forumite
    maxdp wrote: »
    Yes had two claims with MBNA on credit cards. One paid back before going to FOS about 3,000.00 the other about 1000,00 with FOS Adjudicator right now.:rotfl:

    Hi Marshallka

    Thanks re DMP was not sure on that one. Hopefully Tiggrae correct and you can still claim back.:T
    :mad:
  • marshallka wrote: »
    If you actually mean here "where I could not get the loan unless I took out the policy" then yes, you have been missold.

    Just take a look at the link here and see what you can add and delete from the letter that you send. There is also a template letter on there too but sometimes it can be better to make your own up from this.

    You then write to the firm that actually made the sale of the PPI to you if this is different from the lender and don't forget to send this recorded delivery so you always a proof and dates etc.

    After that you have to give them 8 weeks for a full and final response. In this time it is usual to get a response of "sorry we sold this to you fairly" but you then respond to this and reiterate your complaint again. The next time they write they either give you a final response which you would need in order to take this complaint to the FOS or offer to settle. (if it is within the jurisidction of the FOS)

    http://www.moneysavingexpert.com/rec...urance#reclaim


    Good luck

    Hi,

    Thanks for responding. you're right, it should've said i could NOT get the loan without taking out the insurance. Great news! i have the letter sorted and ready to send off. Thanks very much for the advice!
  • Hi

    Now that I'm on a roll-I've another question regarding a loan I took out with Egg. I took out the loan in 2002 and in 2004 I re-financed which meant taking out a new loan.For both loans PPI was added on as a lump sum at the start-I have already sent a mis-selling letter to egg regarding the second loan (no response as yet). My query is-when restructuring the loan-I'm not sure that the PPI from the first loan was subtracted from my outstanding amount! i.e. the amount remaining on that loan was added into the second loan. Do you think I have any reason to take action on this?

    thanks again
  • sarah7610
    sarah7610 Posts: 148 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi, I'm new to this forum so I'm not sure if [EMAIL="i@m"]i'm[/EMAIL] in the right place but I have a question.
    I recently sent letters requesting copies of my original loan agreements, (using the templates given on this site) to Black Horse, Time Retail Finance and MBNA (Virgin Credit Card). I have not heard from TRF yet but Black Horse have sent copies of the original agreements, however, MBNA have sent me a photo copy of 'half' a page of my original application form and copies of my transaction history but not the original loan agreement or information on how I can get it.
    On the attached letter they say if I require any more information I need to forward a cheque for £10 to request a full Data Subject Access Request but why should I pay them £10 when they haven't even sent me what I asked for in the first place?

    Should I write back and tell them that they have not sent what I requested and see what happens?

    Are they trying to get one over on me or put me off claiming? I had enough trouble with them when I had the credit card and I get the feeling that they are going to be just as stubborn with this.

    Thanks

    Sarah
  • marshallka
    marshallka Posts: 14,585 Forumite
    maxdp wrote: »
    Good Gal thought it was most unlike you to miss that one:rotfl:
    Hope the roots are looking good now and you feel all relaxed again...:D
  • maxdp wrote: »
    Hi Sand Dancer

    Did they give you six months to respond this may now be time barred cause you should have responded within 6 months. If you now took this to FOS (even though you do not have final response) they would say it is time barred I believe.

    Write to them anyway giving them your circumstances and see what their response is. Argue the points in their letter you do not agree with and keep fingers crossed:D


    Hi maxdp, ive checked the letters and theres no timescale in them. Ill still write out, with additional queries Ive found on these threads!, and keep my fingers tightly crossed.
    Many thanks to you all for your advice today - Ill be asking for more tho!
    x :kiss: x
  • marshallka
    marshallka Posts: 14,585 Forumite
    sarah7610 wrote: »
    Hi, I'm new to this forum so I'm not sure if i'm in the right place but I have a question.
    I recently sent letters requesting copies of my original loan agreements, (using the templates given on this site) to Black Horse, Time Retail Finance and MBNA (Virgin Credit Card). I have not heard from TRF yet but Black Horse have sent copies of the original agreements, however, MBNA have sent me a photo copy of 'half' a page of my original application form and copies of my transaction history but not the original loan agreement or information on how I can get it.
    On the attached letter they say if I require any more information I need to forward a cheque for £10 to request a full Data Subject Access Request but why should I pay them £10 when they haven't even sent me what I asked for in the first place?

    Should I write back and tell them that they have not sent what I requested and see what happens?

    Are they trying to get one over on me or put me off claiming? I had enough trouble with them when I had the credit card and I get the feeling that they are going to be just as stubborn with this.

    Thanks

    Sarah
    They have to send it to you under the CCA act

    I request a copy of my agreement as in section 77 and 78 of the CCA
    Therefore, please supply me with a true copy of the original agreement.
    You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

    You need to pay £1 if they are being funny about it..

    Good luck
  • marshallka
    marshallka Posts: 14,585 Forumite
    Hi maxdp, ive checked the letters and theres no timescale in them. Ill still write out, with additional queries Ive found on these threads!, and keep my fingers tightly crossed.
    Many thanks to you all for your advice today - Ill be asking for more tho!
    x :kiss: x
    If the letter was a final response then they usually state in the letter you have 6 months from the date of this letter to make your complaint to the FOS. If it was not a final response then they can state that they give you 6 weeks to get back otherwise they will close the complaint.

    Good luck
  • marshallka wrote: »
    If the letter was a final response then they usually state in the letter you have 6 months from the date of this letter to make your complaint to the FOS. If it was not a final response then they can state that they give you 6 weeks to get back otherwise they will close the complaint.

    Good luck

    Just found another one which says if i dont provide any further evidence the letter was their final response - but no time stated. Ive got other queries regarding the claim so could that be used as a new enquiry?
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