CCA Request_MBNA c/card with Connaught dca

[Amethyst]

Re: CCA Request_MBNA c/card with Connaught dca

Is that fatal to them FP or just the PPI part of the agreement unenf ?

[FlamingParrot]

Re: CCA Request_MBNA c/card with Connaught dca

Is that fatal to them FP or just the PPI part of the agreement unenf ?

Uhmmm, in theory a response to a s.77/79 should include the PPI terms or the account could be UE under s.18 of the CCA (multiple agreements). Having said that, s.18 is more relevant to fixed-sum accounts (loans) where the PPI is lumped together with the loan from the start, than to credit card agreements, when it can be hard to convince a judge to rule in your favour merely on the grounds of lack of PPI terms supplied.

[Helpseeker]

Re: CCA Request_MBNA c/card with Connaught dca

Hello Ladies,

From your convo above, does that mean that I may have to resume payment?

[FlamingParrot]

Re: CCA Request_MBNA c/card with Connaught dca

Where are you with this? Have you reclaimed the PPI?

[Helpseeker]

Re: CCA Request_MBNA c/card with Connaught dca

Hello FP,

At the moment d/debit payment has stopped, the last payment made was in August 2013.
I was given a deadline of 28th November to respond to their last letter, re: attachment at post #7.

I never reclaimed the PPI.
When I was made redundant from my f/time job in 2003, I was advised by someone ( I think it was at MBNA) to sign on at the Job Centre so that I could let MBNA know and then the insurance would kick in regarding my (then) current situation. So that is what I did.

I'm not sure if I am able to claim on the ppi now?

[FlamingParrot]

Re: CCA Request_MBNA c/card with Connaught dca

I never reclaimed the PPI.
When I was made redundant from my f/time job in 2003, I was advised by someone ( I think it was at MBNA) to sign on at the Job Centre so that I could let MBNA know and then the insurance would kick in regarding my (then) current situation. So that is what I did.

I'm not sure if I am able to claim on the ppi now?

Claiming on the PPI and reclaiming PPI are two different things:

Claiming on the PPI is like making a claim on any insurance policy (which is what the PPI is), in which case your minimum payments should have been paid by the insurers for a certain period (usually a year). Did the insurers pay out when you made a claim in 2003? When you default on the account, the PPI policy is automatically cancelled, so no, you wouldn't be able to claim on it now.

Reclaiming PPI is attempting to get back the premiums paid into the policy, usually due to it having been mis-sold in the first place (most were for a variety of reasons). If the policy did pay out when you needed it, then it may be difficult to argue it was mis-sold, hence my question above.

[Helpseeker]

Re: CCA Request_MBNA c/card with Connaught dca

HI FP,

I apologise for the delay as I've been away/offline for a few days.

Thanks very much for your reply, which has made a lot of sense.

To respond to your question, yes the the insurers paid when I made the claim.
I understand that I cannot claim on the ppi, so that area is closed to me.

I also received another letter from the dca asking for an update to their sending me the paperwork.
I'm not sure where I stand or what else to do?

A little while back, Amethyst mentioned something about looking at the t & c's (the original version compared to the recently received one).
Without sounding rude or too silly/ignorant, is that question of high importance?

Regards,
HS.

[Helpseeker]

Re: CCA Request_MBNA c/card with Connaught dca

Hello,

I received another letter from the dca, again chasing for a response from their previous correspondence.

The letter is dated 11th Dec and they have given 10 days for a response. A start point for the 10 days was not given e.g from the date of the letter or from the date of receipt, so I estimated the response time is by 24th Dec (I received it on Sat 14th Dec).

I have not responded to them for some time, so they have stated the following:

1. They have apparently checked with the Credit Bureau Information and have been advised that I still reside at the address where their letters have been sent.
2. They are unaware if I intend to make payments or are unable to do so at this time.
3. They want me to contact them to:
- make a partial settlement payment. They can offer a discount of up to 50%
- make repayments by installments. One of their agents will work with me to assess the affordability of my offer
- inform them of the reason why I'm not prepared to make a payment.

They then state that if they do not hear from me within the next 10 days, my case may be reviewed for further action, which could result in the a/c being passed to a doorstep collector who would attend my property to discuss repayment of the debt.

I do welcome your thoughts on this?

Regards,
HS.