Looking for some advice please......

[CoullLynn]

Earlier this year I tried to reclaim PPI I had on my old Alliance and Leicester credit card (which has now been taken over by MBNA for a few years). I received my money back from MBNA and they stated that they had passed my claim onto my previous lender (A & L) for their share. I later received word from A & L to say that because six years have passed they no longer have any statements or records of my account - even though i provided them with my account details! Unfortunately I no longer have a copy of any statement etc showing the PPI (although I know for a fact I was paying this with A & L as I did question the PPI payments when I first took out my account with them over 10 years ago but as i got no response at the time I assumed it was a compulsory payment!) I then got back in touch with MBNA to see if they had a copy of my original signed application form as I assumed either them or A & L should have this seen as when MBNA took over my account I never signed another form - therefore I assumed this should state PPI payments etc - however after MBNA took £1 off me to provide this, they then sent me a letter to say that they couldn't provide this but stated all my rights and responsibilities to the account i.e. that i was still due the money owing on the credit card etc. I did do internet banking with A & L - but obviously since they have been taken over my Santander I can no longer login to my credit card account.....

Therefore I'm just wondering if I have to admit defeat or is there anything else i can do? So frustrating to know that I have paid PPI when i didn't have to and that it seems impossible to get any further with this......

Any help/advice would be gratefully received

[brummie]

Re: Looking for some advice please......

Hi

IMHO i would write to them requesting a SARS. ( subject access request) If MBNA have taken over the account, then surely they should hold all account details, including statements?

[di30]

Re: Looking for some advice please......

Hi and welcome

I agree with Brummie, request a Subject Access Request (SAR), to the data protection unit, it's unlikely they tried tracking any of your details down, so give it a go on the SAR letter.

Let us know if you require the template letter for this request, you will need to enclose the fee of £10 cheque or postal order, they have up to 40 calendar days to comply. If they're not able to comply with the details of the SAR, they should return your payment fee with a letter of explanation.

Good luck.

[Bill-K]

Re: Looking for some advice please......

The problem seems to be that they are saying that the A&L aspect of the claim goes back beyond 6 years, in which case a DSAR would probably be of no use. The way it seems to me is that MBNA accepted responsibility for this account when they took it over from A&L. They have admitted liability for mis-selling the PPI, and IMO they have a responsibility to repay ALL of that PPI. If they then need to recover this from A&L then that is THEIR responsibility, and NOT yours. The following FSA rule might be of use:-

DISP APP 3.2.7 The firm should consider all of its sales of payment protection contracts to the complainant in respect of re-financed loans that were rolled up into the loan covered by the payment protection contract that is the subject of the complaint. The firm should consider the cumulative financial impact on the complainant of any previous breaches or failings in those sales.

[CoullLynn]

Re: Looking for some advice please......

Thanks for all your replies - I shall have a wee look into this further now x

[brummie]

Re: Looking for some advice please......

In my experience of PPI's may i suggest you request everything be put in writing, and your own letters should be sent recorded or the like. I don't have any faith with call centres anymore, i'm affraid.......

[stevesouth33]

Re: Looking for some advice please......

In my humble view at the point where MBNA took over responsibility for the account they took responsibility for the history as well as the ongoing account so they should be responsible for the A and L bit as well as that element was taken over too. If you think about it if you had arrears on your account at the point where MBNA took over even though those arrears were historic MBNA would have still asked you to pay even though the arrears occurred prior to them taking over the account.

[CoullLynn]

Re: Looking for some advice please......

Thanks Brummie - I do send all correspondence by recorded delivery so that I can track my letters etc - from previous claims I have been thankful of this as I have had proof of when they received my letters and proof of my PPI claims - without it they would just drag your claims out saying they never received them etc. I have never called a company to discuss any PPI claim as I prefer to do this in writing as you then have the proof as you say!

[CoullLynn]

Re: Looking for some advice please......

Thanks for all your replies - I'm going to be back in touch with MBNA regarding the A & L PPI! The refund I received from them only covered their PPI element yet as you guys suggest they took over all my account including the PPI from A & L - will look into this further!

I expect they are just trying to put me off but I'll give it another go! It's soo frustrating knowing that you have been paying this for years and years when it wasn't necessary!!!! Now we have to go throught a process which in the end might not get us our 'own' money back!!!!