Mistake in PPI repayment from MBNA ??

leesykoi

Nver got round to putting it on the appropriate thread (promise to this weekend) but had some good success with Barclays and MBNA of late however i have a question with regard to the repayment from MBNA.

As usual MBNA sent the standard letters ie we do not admit liability but we'll send you some cash in 6wks. They didn't so i rang them, got the standard oh yes within 7days we'll do a direct bank transfer - they didn't !! Rang back and again i asked for a direct bank transfer, they replied ring back tomorrow and we'll give you the figures (i had 3 accounts). So i rang back the next day and they gave me the figures, one was more than i was expecting so i asked the lady to check. All was OK and the following Monday my bank was credited with just under £5k - NICE !!!

However had a call last night from MBNA and on one account where they have paid out approx £2.2k it transpires they have made an error and it should have only been approx £650 and they have asked if i can pay it back ?

What has got my back up was the fact that they have used stalling tactics at every stage of this and also that i asked for the repayment to be confirmed in writing and i still do not have anything (payment confirmed on 5th and in the bank Monday 9th Aug).

I have not been home yet but MBNA have said they are going to go into writing to ask for the excess cash returned.

If i have to pay it back it's not a problem as it's not been touched but if i do i'm going to use stalling tactics myself just to be difficult really and because i can !!!

Main question is, am i legally obliged to pay it back if they've made an error ? (had no letter or anything confirming repayment amounts or to accept the payments)

Thks.

Lee.

di3004

Hi Lee

Bumping up for you, hope this is resolved soon for you, good luck.;)

leesykoi

Hi,

Sorry i'm shamelessly bumping my own post.

An update, i now have received a letter from MBNA asking if i can repay the overpayment on the PPI refund on the one account. However what has really annoyed me is that to-date i still have not received written confirmation of what they have paid back to me for all three accounts i have held with them.

With that in mind they have 'dumped' some money into my account with no apparent written explanation.

So do i have to repay the overpayment that is their mistake given i have no written confirmations of the repayment until i received this letter confirming an overpayment on one account.

I am seriously considering NOT doing anything until MBNA start threatening legal action as they have been pathetically slow at every stage of this procedure.

Anyone know the legal side of where i stand with this MBNA overpayment ??????

Thks.

Lee.

zppp

leesykoi wrote: »

Hi,

Sorry i'm shamelessly bumping my own post.

An update, i now have received a letter from MBNA asking if i can repay the overpayment on the PPI refund on the one account. However what has really annoyed me is that to-date i still have not received written confirmation of what they have paid back to me for all three accounts i have held with them.

With that in mind they have 'dumped' some money into my account with no apparent written explanation.

So do i have to repay the overpayment that is their mistake given i have no written confirmations of the repayment until i received this letter confirming an overpayment on one account.

I am seriously considering NOT doing anything until MBNA start threatening legal action as they have been pathetically slow at every stage of this procedure.

Anyone know the legal side of where i stand with this MBNA overpayment ??????

Thks.

Lee.

If you have recieved an overpayment whether bank error or not, you legally have to return it. Google 'unjust enrichment'.

di3004

leesykoi wrote: »

Hi,

Sorry i'm shamelessly bumping my own post.

An update, i now have received a letter from MBNA asking if i can repay the overpayment on the PPI refund on the one account. However what has really annoyed me is that to-date i still have not received written confirmation of what they have paid back to me for all three accounts i have held with them.

With that in mind they have 'dumped' some money into my account with no apparent written explanation.

So do i have to repay the overpayment that is their mistake given i have no written confirmations of the repayment until i received this letter confirming an overpayment on one account.

I am seriously considering NOT doing anything until MBNA start threatening legal action as they have been pathetically slow at every stage of this procedure.

Anyone know the legal side of where i stand with this MBNA overpayment ??????

Thks.

Lee.

Hi Lee

Sorry this have not been responded to yet and there is nothing to be ashamed of.;)

Right what I would do at first is write to them and ask them for "written details" on what they have done to the account.

And if your not happy with the way they have dealt with this, complain about this to them in writing, if they do not resolve to your satisfaction you can of course make a complaint to the FOS.

Your entitled to see what is going on with your account:).

Di

di3004

zppp wrote: »

If you have recieved an overpayment whether bank error or not, you legally have to return it. Google 'unjust enrichment'.

Sorry Zapp, missed your post.;)

leesykoi

Hi Zppp and Di,

Thks for your replies. Think i will send a reply letter to the MBNA loans manager who sent me his letter asking for the money back complaining about the whole stalling procedures etc and also asking for a breakdown of what was paid and when. In addition i will ask for a thorough explanation of how the mistake was made.

Obviously i will pay the money back to MBNA but i don't really have to do it in a rush, lets be honest MBNA have not exactly been quick to answer my queries (sorry its the devil in me).

Lee.

halphy

Haha dont blame u Lee, MBNA take forever but when they want theirs back..oh they are quick enough to get in touch!

leesykoi

MBNA have still not been back in touch to get their cash back from me that they overpaid !!!!