MBNA Claim Upheld Now What

simon_the_poet

Andy_010210 wrote: »

I have been given a name by a contact who works there who you should write to- maybe this will stimulate them into some action as what is happening is clearly unacceptable. You need to write Tristan Lynes c/o MBNA at Chester. He allegedly is in charge of PPI.

Many thanks Andy

Simon

ddebski_us

Got my "offer" letter from FOS this morning; have until 13th Feb to refuse and then MBNA will calculate my refund.

Another waiting game (anyone any idea of how long from this stage?) but at least it's a step in the right direction!

xDx

simon_the_poet

ddebski_us wrote: »

Got my "offer" letter from FOS this morning; have until 13th Feb to refuse and then MBNA will calculate my refund.

Another waiting game (anyone any idea of how long from this stage?) but at least it's a step in the right direction!

xDx

Do you mean you received the decision letter saying that your complaint has been upheld ?
If so this is what many of us have received some months ago, MBNA seem to routinely ignore these deadlines.

This is a reply to one of my resent queries to the FOS, keep in mind that my complaint went in in Jan last year and was provisionally upheld in June.

I asked how long i would have to wait given that they had already ignored three deadlines. I said I hoped they didn't think I was being awkward or unreasonable in my request.

Dear Mr Poet,


Thank you for your recent email.

That's a very valid question, and one most of our consumer's want to know the answer to at this stage in the process so I don't think you're being awkward at all.

If MBNA continue to ignore us the case will need to be referred to an ombudsman. At this stage in our process we're not able to order the business to pay, however once the case has been reviewed by an ombudsman their decision is legally binding.

If the case does go to the final decision stage this can take another six to twelve months until we can give the final decision on the case, but as I said before at this stage the decision will be legally binding.

I hope that answers your question, but If you have any questions or would like to discuss this further with anyone please feel free to call us.

Yours sincerely

Sarah Senouci
Financial Ombudsman Service
0800 121 6222 or 0300 121 6222

simon_the_poet

So if we look at the time line.

The initial complaint went in in September 2011

The complaint was rejected by MBNA in March 2012


The complaint was upheld by the FOS at the end of June 2012

Deadline for responses issued in July 2012,, august 2012, september 2012 October 2012, November 2012 , january 2012, All ignored by MBNA.

Latest deadline is the 28 Feb.

Now apparently I have to await the FOS decision to transfer this to the ombudsman in order to consider enforcement.

There is no time frame for when this decisions may be made, and I am advised that even when (or if) this is done there will be another twelve months wait at least.

Does this sound fair ?

garynuman

Ok, I have had my offer from MBNA as follows. I have removed all figures but hope this may give some optimism to those people in the same boat..

I am writing further to communication received from the Financial Ombudsman Service confirming your acceptance of our decision to uphold your Payment Protection Insurance (PPI complaint).


In order to calculate your refund we have worked out how your balance over time would have changed if you hadmade the same monthly payments without PPI. Therefore:

• we have notionally reconstructed your statement balances by removing the PPI premiums and associated interest. This includes interest arising because the ongoing monthly balance on your account was higher than it would have been if you had made the same payments without PPI;
• if there is any statement period where, after deducting your premiums and associated interest, your balance would have gone into credit; we have added 8% simple interest to your balance for that statement period. If there is no statement period during which your balance would have gone into credit, you will not receive any 8% interest.

Please note that the approach outlined above follows the refund guidelines set out by the Financial Ombudsman Service.

Accordingly we have calculated the refund as follows:

Total amount of Payment Protection Insurance premiums charged since sale date:
£X

Total amount of associated interest: £x
Applicable 8% gross interest: £x

(Note: UK withholding tax of £x has been deducted from the 8% gross interest amount. You may need to inform Her Majesty's Revenue and Customs (HMRC) of this amount. For any queries regarding tax, please contact your local Tax Office or go to www.hmrc.gov.uk)

Total amount payable: £x

A cheque will be sent toyou within the next 28 days. This amount is in full and final settlement of yourcomplaint.

If PPI is still active on your account, I have arranged for it to be cancelled with immediate effect. Please note that you are no longer covered by the policy.

As we have now complied with the offer, the complaint is now closed and settled.

Yours sincerely,

I first complained to them in July 11. Been with FOS since Sep 11. I am more than satisfied with their offer (which I do not want to divulge here).

Please excuse any typo's - I scanned their letter and used OCR which may not have been 100% accurate.

Wish everyone luck with their claim.

Gaz

ddebski_us

garynuman wrote: »

Ok, I have had my offer from MBNA as follows. I have removed all figures but hope this may give some optimism to those people in the same boat..



I first complained to them in July 11. Been with FOS since Sep 11. I am more than satisfied with their offer (which I do not want to divulge here).

Please excuse any typo's - I scanned their letter and used OCR which may not have been 100% accurate.

Wish everyone luck with their claim.

Gaz

Well done!

I am hoping the recent fine with Lloyds will hurry them up and I get mine soon - that's a long wait you have had!!

xDx

garynuman

Should I inform HMRC of the 8% interest they have withheld?

If not, what's to stop them keeping quiet and not declaring it themselves? It is a considerable sum (£400+)

Gaz

Caz_the_cat

Just an update and it's good news as far as my complaint goes. After writing to MBNA and reminding them that the FOS had upheld my complaint and they had failed to respond by the deadline, I advised that unless they respond with an offer within 28 days I will be seeking a CCJ against them. Guess what they replied with an offer (albeit Goodwill and no admission). They are now sending a cheque to the tune of just shy of £3k.
My advice to everyone still seeking their payment even with an upheld FOS complaint, is keep going and don't be afraid to threaten them with court action as this is what has worked for me.
Now, perhaps a little holiday with MY money!

fifitrixiejane

Hiya to all on the thread..

Very excited about all the positive news going on here.
Garynuman, I found your post last night and from what i can remember i think you had your letter from the FOS confirming you were going to get a refund from MBNA about a couple of weeks before mine, so now that you have had your offer from MBNA it makes me think that mine can't surely be that far behind it which is all rather exciting!
Obviously, not wanting to know the exact figure of your refund, but was it more of less what you anticipated? I s'pose its just a waiting game until you actually get the money now!

oh well.. hears hoping!

Apart from this one with MBNA that is at the FOS i've got two further claims with FOS that i'm waiting to hear about, anyone else here got any further complaints that they are waiting for?

Well, good luck everybody!! :rotfl:

garynuman

Hi all!

I have the cheque! - (almost £10000). Gotta wait for it to clear now - THEN I can pay off the last of my debts!

It does look as though MBNA are now making progress.

Good luck everyone!

Gaz