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MBNA PPI reclaim and the FOS

Hi

Not sure what happens next, made a start on the PPI reclaim back in January since MBNA told me to goto the FOS. Its taken a while but now the FOS want me to send them a copy of the credit agreement, which I do not have (had the card for 10 years or so)

The FOS say that they need this to consider the complaint further, I would write to MBNA for it but they refuse to talk to me about this issue and whilst they said that they had sent me a copy none ever arrived.

So my questions are :
If I cant get a copy of the agreement is that the end of the road for my complaint

or

If I dont have a copy and MBNA dont have a copy do I still need to pay the balance as there is no paper work showing that the agreement exists (although I guess 10 years of payments must point in the direction of an agreement)


cheers

Ed

Comments

  • di3004
    di3004 Posts: 42,579 Forumite
    mang0s wrote: »
    Hi

    Not sure what happens next, made a start on the PPI reclaim back in January since MBNA told me to goto the FOS. Its taken a while but now the FOS want me to send them a copy of the credit agreement, which I do not have (had the card for 10 years or so)

    The FOS say that they need this to consider the complaint further, I would write to MBNA for it but they refuse to talk to me about this issue and whilst they said that they had sent me a copy none ever arrived.

    So my questions are :
    If I cant get a copy of the agreement is that the end of the road for my complaint

    or

    If I dont have a copy and MBNA dont have a copy do I still need to pay the balance as there is no paper work showing that the agreement exists (although I guess 10 years of payments must point in the direction of an agreement)


    cheers

    Ed


    Hi Ed

    Is the account still currently still running (Active)?

    If so write a letter to MBNA, request for a copy of your agreement (apply the account number), and make them aware you are enclosing £1 cheque or postal order, and request they supply by 12 days.
    As soon as you receive this, then get it photocopied then send the copied agreement to the FOS.

    Just a though, but have you considered requesting for a Subject Access Request (SAR)?
    There is a template letter for this as added on link below, they have 40 calendar days to comply and send all they hold on your account.
    You enclose £10 cheque or postal order for this request.
    https://forums.moneysavingexpert.com/discussion/1475553

    Hope this helps.
    Good luck.;)
    The one and only "Dizzy Di" :D
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