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PPI Reclaiming discussion Part III

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  • booi666
    booi666 Posts: 745 Forumite
    Now then Now then Now then,


    CaN ANYONE GIVE ME ANY INFO ON MBNA?

    My Bro has had a loan with them for about 3 yrs now,

    He got canned in novemebr 08 from his job and when he went to claim on his ppi they said that he only had critical illness cover W.T.F:eek:

    They are ringing him daily asking him about paying for his loan which i am trying to fix for him and i told him about is ppi,he was going to go ring someone about this ppi but i said i would chew the cud with my mucka's on here 1st:rotfl:

    Anyone had dealings with these,

    What are they like,shall i tell him to send a sars allthough im not sure he can cope 4 40 days untill it comes through:cool:
    :j Let him who be deceived ,be deceived:j
  • booi666
    booi666 Posts: 745 Forumite
    marshallka wrote: »
    Hiya Boo, not watching the footie...;)



    Nah im not into footy,more of a table tennis dude:eek:
    :j Let him who be deceived ,be deceived:j
  • marshallka
    marshallka Posts: 14,585 Forumite
    booi666 wrote: »
    Now then Now then Now then,


    CaN ANYONE GIVE ME ANY INFO ON MBNA?

    My Bro has had a loan with them for about 3 yrs now,

    He got canned in novemebr 08 from his job and when he went to claim on his ppi they said that he only had critical illness cover W.T.F:eek:

    They are ringing him daily asking him about paying for his loan which i am trying to fix for him and i told him about is ppi,he was going to go ring someone about this ppi but i said i would chew the cud with my mucka's on here 1st:rotfl:

    Anyone had dealings with these,

    What are they like,shall i tell him to send a sars allthough im not sure he can cope 4 40 days untill it comes through:cool:
    Was this PPI missold in the first place Boo.? Did your bro actually want the PPI or was it just added a condition of the loan?
  • pip2805
    pip2805 Posts: 26 Forumite
    jadest wrote: »
    I recieved this letter today from FOS:

    I wrote to you recently about your complaint against the firm.

    At this stage, I can confirm that we have everything we need from you and the complaint is now waiting to be passed to one of our adjudicators.

    As soon as this happens, the adjudicator will be in touch with you to explain the next steps and to ask for further information that they may need from you.

    If you need to contact us ib the meantime, please phone etc.....

    Sounds good doesn't it? No such luck.... This is my fourth letter stating virtually the same the first was dated August.... I have now had my compliant with the FOS 8 months hopefully this time I may actually get an adjudicator... unless they are going to hang on to it till this company goes bust like my other claim (company) has... lol!



    We put ours in March and its only just been looked at,they are now saying a year from start to finish.Its a long wait but could be worth it.
  • booi666
    booi666 Posts: 745 Forumite
    marshallka wrote: »
    Was this PPI missold in the first place Boo.? Did your bro actually want the PPI or was it just added a condition of the loan?


    Ey up marsh,


    Hes had the loan for a while and he's not 100% sure what he agreed to,although he did think he would be covered if he got laid of or why bother trying to claim if he knew he only had critical ilness?

    I do believe him cos unlike me he's 100% straight down the line,
    He's a religious fruit cake and nothing dodgy in his life,

    He even wears nike air jerusalems:rotfl:

    i ve just come back from his gaff and he was just talking in general about having no cash and these loan people hassling him,so i said i'd have a word wi you chicks 1st;)
    :j Let him who be deceived ,be deceived:j
  • pip2805
    pip2805 Posts: 26 Forumite

    tylerlewis wrote: »
    Thanks Marshallka that makes more sense now.


    Wot happens if its the broker that miss sold you the ppi not the loan company.
  • pip2805
    pip2805 Posts: 26 Forumite
    marshallka wrote: »
    I posted this above but may help in your question;)

    I have seen lots of people on here ask about how much PPI they should get back if a complaint is upheld and some people still have loans running. I have always said that you get it all back but if the account is still running you would only receive what you have actually paid out in the form of "cash in hand" and the rest CAN be used to reduce your capital owing on your credit.

    I have just read this from "Which" and maybe this confirms some peoples complaints on here the company can use some of the PPI (the PPI that you would have paid out if you had finished the loan) to reduce your loan.

    How much money should you get back?

    If your complaint is upheld, then the firm should do its best to put you back into the position you'd have been in if you had never taken out the PPI.
    Regular premium policy

    If you have a regular premium policy, such as those attached to mortgages and credit cards, then you should receive a refund of any PPI premiums paid by you and, if applicable, a refund of any additional interest charged to you because of the PPI.
    Single premium policy

    If you have a single premium policy, such as those often attached to personal loans or finance agreements, then the compensation you receive will depend on whether your loan is still in force or not.
    If your loan is still in force - your lender should calculate what your loan repayments would have been had PPI not been added to the loan, and how much should have been repaid so far. Any overpayments you have made will therefore be applied to your outstanding loan – reducing the amount of capital you owe.
    If your loan or finance agreement is no longer in force - you should still get back any PPI payments you made, plus the difference between the redemption figure you paid and what it would have been had you never taken out the PPI policy.
    Statutory compensation for mis-sold PPI

    You may also be entitled to statutory compensation, which is usually set at 8% of the money refunded. This is to make up for the fact that you haven't been able to use the money during the time you held the PPI – after all, you might have saved or spent it elsewhere


    Wot happens if the broker mis sold the ppi not the loan company.The broker then pays out so do they go to the company.
  • marshallka
    marshallka Posts: 14,585 Forumite
    pip2805 wrote: »
    We put ours in March and its only just been looked at,they are now saying a year from start to finish.Its a long wait but could be worth it.
    Yeah it is a long wait and things need doing about it too as people are getting into more debt by this wait. I think they could do more and need to do more. Perhaps sorting out the complaints that they can look into (jurisdiction issues) before assigning adjudicators is one thing..;)
  • marshallka
    marshallka Posts: 14,585 Forumite
    pip2805 wrote: »
    Wot happens if the broker mis sold the ppi not the loan company.The broker then pays out so do they go to the company.
    Its always the broker that the dispute for misselling is with as all complaints for this go to the person that actually sold the insurance if different to the lender. I don't know who pays out, I assume they are insured for it...lol
  • marshallka
    marshallka Posts: 14,585 Forumite
    booi666 wrote: »
    Ey up marsh,


    Hes had the loan for a while and he's not 100% sure what he agreed to,although he did think he would be covered if he got laid of or why bother trying to claim if he knew he only had critical ilness?

    I do believe him cos unlike me he's 100% straight down the line,
    He's a religious fruit cake and nothing dodgy in his life,

    He even wears nike air jerusalems:rotfl:

    i ve just come back from his gaff and he was just talking in general about having no cash and these loan people hassling him,so i said i'd have a word wi you chicks 1st;)
    Probably best to get a SAR then first...

    SAR - SUBJECT ACCESS REQUEST

    Dear

    Re: Account number:

    In the first part under the Data Protection Act 1998:

    Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges relating to the above accounts held with you since they were opened.

    Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you.

    If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.


    For the avoidance of any and all doubt, I reiterate:

    I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

    If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

    Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.






    I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

    I enclose the statutory maximum fee of £10.00 to access ALL data held by XXXXX about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

    You have 40 days in which to comply with this request.

    This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.

    Yours Sincerely
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