MBNA / Optima PPI Dispute

pete_mk

In March 2009 I was contacted by RMA (MBNA in disguise) to tell me I had missed a payment. I explained that I was out of work, so things were a bit tight. This woman wouldn't take no for an answer, and unless I paid, she would take action, including sending people round. I explained my Son had just passed away, and could she give me time. No. So I had to pay the money I had put aside for the funeral bits to satisfy her personal mission. The following month I was contacted again to say I hadn't paid. I explained it all again, and she said why didn't I just claim on my insurance. I paused as I had no idea what she was on about. She said I had payment protection on my card so why didn't I use that. I explained I had no idea what she meant. I said okay, use that then, and she said I had to speak to the insurers. I spoke with St Andrews, and eventually things got rolling in May !. Meanwhile, I wrote to MBNA, and asked what the insurance was, and was told I did it by telephone. That simple, no date, time, or with whom I had a conversation, or whether I phoned them, or they phoned me.

I told them I had never asked for it, and can I see a copy of my CCA, and details of when/how the application for PPI was done. It is now October 2011 and still no reply, despite many letters. I have told them, I am happy to pay, but the account is in dispute due this PPI matter, and I was going to the FOS. I received a reply back saying they will not discuss the matter any more, and will not reply again.

I sent in several letters including ones that state they have 7 days to respond that I found on the web etc .... I heard absolutely nothing until the 16th August when Optima Legal contacted me. I explained what was going on, and they asked me to call back as the person I need to liaise with is away. I eventually contacted them on the 30th August, and she asked me to put all of this into a letter as they had no access to any of this previous correspondence. So I did this, and then on the 28th September, I received notification of court action from the court dated 23rd September. I spoke to Optima who claims they never received a letter from me, and they were looking to recover the debt. I explained the account was with the FOS as it was in dispute, and they said they did not care. I had 14 days to respond to the court, and that was all that mattered. I have asked for more time to prepare information etc ... I have posted all correspondence to Optima last week, and I have asked for a refund of my £10 cheque that was cashed by MBNA to cover admin costs for a copy of all letters, and my CCA. Again, no response.

What shall I do - very worried about this, especially as they are in the wrong and wont liaise with me.

magpiecottage

Ring FOS today on 0300 123 9 123 or 0800 023 4567.

You might also want to seek assistance from the Solicitors Regulation Authority on 01527 504450 and complain that they are ignoring the fact that your complaint is in dispute in breach of the OFT's debt collection guidance para 2.6h.

pete_mk

I have today complained to the SRA, and told the FOS what is happening.
I have written to Optima and told them of the (a) the breach, and (b) that I have complained to the SRA about them, and (c) that I have written to the court telling them the story, and asked them to set judgement aside due to the inconsistencies in MBNA/Optima story.