Mbna plevin

Deb27

I have received a letter from MBNA with a claim form for PPI under the plevin ruling. My concern is they have asked for my bank details so they can pay in any money due. Is this normal procedure? Has anyone else had one like it?

dunstonh

Deb27 wrote: »

I have received a letter from MBNA with a claim form for PPI under the plevin ruling. My concern is they have asked for my bank details so they can pay in any money due. Is this normal procedure? Has anyone else had one like it?

Whose bank would you like them to send the money to if you don't give them yours?

Yes it is normal.

Deb27

Think I was probably being a bit over cautious so thought I would ask. I don't like giving my details out. So many scams these days you never know!

Midnightreader

A month ago I had a letter from MBNA saying they had upheld my Plevin complaint. It detailed the amount they say they owed me and stated payment would be made within 28 days of the letter. Those 28 days ended today and still no repayment from them. I phoned them this morning for them to inform me that they have since decided they don't owe me anything and that a letter will be sent to confirm this decision. Can they do that?

dunstonh

Midnightreader wrote: »

A month ago I had a letter from MBNA saying they had upheld my Plevin complaint. It detailed the amount they say they owed me and stated payment would be made within 28 days of the letter. Those 28 days ended today and still no repayment from them. I phoned them this morning for them to inform me that they have since decided they don't owe me anything and that a letter will be sent to confirm this decision. Can they do that?

You have no legal entitlement to gain financially where an error has occurred. Mistakes happen and if they have noticed an error, they can withdraw the offer.

MBNA do appear to have sent out the wrong letter recently on a number of cases and withdrawing the offer pending a revised letter being sent. So, you are not alone.

Wait until you get the new letter. Do not destroy any letters received so far.

nikkim2175

Hi,

I was just wondering where the dates came from that you had to have a policy active on 6th april 2008 to be eligible for a plevin refund? I know the obvious answer is just because thats what was ruled but I just wondered if there was a specific reason behind it? My PPI was cancelled just before this date so I have just missed out on receiving a refund.

dunstonh

I was just wondering where the dates came from that you had to have a policy active on 6th april 2008 to be eligible for a plevin refund?

There are a number of dates that can apply. These are all set by the FCA based legal advice given to them.

I know the obvious answer is just because thats what was ruled but I just wondered if there was a specific reason behind it?

Technically, there is no law that says a commission should be no more than a certain amount. However, the supreme court was asked to rule on a case that fell under the Consumer credit act 1974. The laws changed at given points so its not a blanket date range and not all types of credit fall under the CCA. Or they didnt originally but do now or vice versa.

The unfair relationship provisions of the Consumer Credit Act apply only to credit agreements taken out on or after 6 April 2007 - as well as agreements taken out before 6 April 2007 if they were still ongoing as at 6 April 2008 (or there was money still owing).

For mortgages, sales made before October 2004 are in scope but not those after.

nikkim2175

The PPI related to a mortgage taken in approx 1990 with HSBC. I cancelled it later because I tried to make a claim but was unsuccessful due to being in seasonal work. HSBC have sent a letter but its pretty vague as to why it doesnt meet the criteria of plevin. it just says my complaint does not fall within the scope of the provisions. Would they be able to clarify further if I rang them?

dunstonh

The PPI related to a mortgage taken in approx 1990 with HSBC. I cancelled it later because I tried to make a claim but was unsuccessful due to being in seasonal work.

Technically, they could timebar that complaint if they wanted under the 3/6 year rule (3 years from cancellation due to knowing it didnt cover you and 6 years after the start).

HSBC have sent a letter but its pretty vague as to why it doesnt meet the criteria of plevin.

If the premium was not being paid as at 2008 then its not in scope.

Would they be able to clarify further if I rang them?

yes

senote

Okay, I submitted one of these plevin complaints, got an update to say they were looking into it, and today got a very poorly worded letter that, I think, means I am getting something, but instead of saying "we are giving you this much" it goes on about commission and 8% interest and historic interest, I'm a pretty smart guy and this was gibberish to me.

So my question, do I get all 3 amounts, less the 'UK withholding tax' or am I just getting the top amount or what?