MBNA Reclaim PPI although debt sold??

[epsonsx435w]

Hi,

I owed over £10k to MBNA on a credit card taken out online circa 2003 - change in circumstances meant payments were not fulfilled, defaulted and eventually sold to a DCA. After getting a CCJ (which I subsequently got removed with some help) I have agreed a full and final settlement with the DCA. I have a few payments left re the Tomlin Order.

My question is that I estimate around 2-3k of PPI charges would have been added prior to the account being defaulted/sold etc. Can I reclaim these now from MBNA as they were the originator?

Would this in anyway affect my Tomlin Order with the DCA which still has a few payments left?

Any advice/guidance would be much appreciated.

Regards

Epson

[Never-In-Doubt]

Re: MBNA Reclaim PPI although debt sold??

You would carry on with the Tomlin but sort ppi separately; surprised you never used that to help with CCJ set-aside? However to clarify, the ppi would be refunded direct to you and treated separate to the claim against you.

So reclaim by all means but do not agree to settle the Tomlin with it. If anything wait till you get the ppi refund then use it to bargain for F&F if necessary but maintain the Tomlin at all costs.

yes you can buy a Tomlin out early if the creditor agrees a F&F with you so say you owe £2k you can offer £500 or such to settle. They can only say no

[epsonsx435w]

Re: MBNA Reclaim PPI although debt sold??

Cheers Niddy.

Guess I was more concerned whether MBNA could then come after me for the big differential between what I owed and what I have agreed as a F&F with the DCA.

To be honest once the CCJ was issued etc I was in a race against time to get it removed and agree a F&F with the DCA - I didnt want the process to be hindered anymore awaiting MBNA to send everything over etc.

I have little MBNA info except from a blurred agreement but I have my card number and the date the account was opened - I presume my next step would be to SAR them and take things from there??

[Never-In-Doubt]

Re: MBNA Reclaim PPI although debt sold??

Cheers Niddy.

Guess I was more concerned whether MBNA could then come after me for the big differential between what I owed and what I have agreed as a F&F with the DCA.

To be honest once the CCJ was issued etc I was in a race against time to get it removed and agree a F&F with the DCA - I didnt want the process to be hindered anymore awaiting MBNA to send everything over etc.

I have little MBNA info except from a blurred agreement but I have my card number and the date the account was opened - I presume my next step would be to SAR them and take things from there??

Hiya

Anything you agree with MBNA is separate to the debt that is with XYZ Debt Collector so they cannot be linked. So assume the DCA has agreed a F&F and you don't have the cash, then try and get PPI refunded and use that to do the F&F.

However, can you clarify, do you already have an agreement to settle the Tomlin with the DCA? If so, why not settle then reclaim the PPI to ensure they don't utilise RoSo - although they can't as it's two different companies and no reciprocal agreement will exist for RoSo, it's not unheard of that they 'try it'.

[epsonsx435w]

Re: MBNA Reclaim PPI although debt sold??

Yes I have a Tomlin in place with the DCA but only just set up and only paid one of the 5 payments to date - what I really want to know is whether claiming PPI would upset the apple cart at all with MBNA and whether they can do anything re the Tomlin. I don't know much about right off set off but as you say they sold the debt to the DCA for "a value" then to try and off set then wouldn't be right I wouldn't have thought??

The Tomlin is signed, sealed and filed with the courts.

Should I wait 4 more months until the Tomlin is paid off before I start so I dont stir up a hornets nest or begin the process now and if so should I SAR as the first step?

[Never-In-Doubt]

Re: MBNA Reclaim PPI although debt sold??

Yes I have a Tomlin in place with the DCA but only just set up and only paid one of the 5 payments to date - what I really want to know is whether claiming PPI would upset the apple cart at all with MBNA and whether they can do anything re the Tomlin. I don't know much about right off set off but as you say they sold the debt to the DCA for "a value" then to try and off set then wouldn't be right I wouldn't have thought??

The Tomlin is signed, sealed and filed with the courts.

Should I wait 4 more months until the Tomlin is paid off before I start so I dont stir up a hornets nest or begin the process now and if so should I SAR as the first step?

The debt you owe is with a DCA right? Who is the DCA?

As suggested, yes send a SAR to the OC for now and see what comes back, that will waste a month or two.

However don't worry, they cannot merge/mix/confuse the two as the PPI must be dealt with by the OC NOT the DCA, who have no authority to even discuss PPI. So I would look at sending a SAR to the OC and continue with the Tomlin for now, then when you get the SAR back let us know and we'll try help you get the maximum return

[epsonsx435w]

Re: MBNA Reclaim PPI although debt sold??

Link is the DCA mate

I will find the SAR template and fire it off and let you know when I get something back!

Thanks again, much appreciated.

[Never-In-Doubt]

Re: MBNA Reclaim PPI although debt sold??

Good Luck mate --> http://www.all-about-debt.co.uk/old/...vanced-request

[ken100464]

Re: MBNA Reclaim PPI although debt sold??

Good luck on your PPI.

Your SAR will, if it goes to form come back with a transaction list NOT statements. Real pain in the butt if you are putting figures into a spread sheet. But possible

Rightly or wrongly have then seen punter ask for his statements upon which MBNA will ask for £4 a pop to get them.

Also be aware if you get an uphold that MBNA are calculating redress in a perculiar way.

[epsonsx435w]

Re: MBNA Reclaim PPI although debt sold??

Cheers Ken - I will keep everyone updated as and when!

[ken100464]

Re: MBNA Reclaim PPI although debt sold??

Also just wanted to also say we have a CCJ which has been sold to a DCA. Did a PPi reclaim and MBNA coughed direct and didnt try a RoSo.

What we do know is the DCA got to know about the payment so someone has been chatting when perhaps they should have not. DCA became aggressive and wouldnt entertain any F & F. But it isnt same DCA as yours.

[Never-In-Doubt]

Re: MBNA Reclaim PPI although debt sold??

Ken that'd be a breach of DPA as the ppi refund has NO effect on the sale or servicing of your debt that would have been sold in absolute, to generate the dca CCJ.

FOS time? Maybe?

[ken100464]

Re: MBNA Reclaim PPI although debt sold??

Niddy.

Fended off the DCA and the CCJ was our friend which is one in the eye for the creditors tbh.

Wont bother with FOS as its just a suspicion. But did seem strange that the DCA seemed to know about the PPi payment. Good job we spent it and are still poor lol.

They didnt quite like being told take us back for a redetermination and find that the payments could drop. Been quiet with them since lol.

[di30]

Re: MBNA Reclaim PPI although debt sold??

Am here to help you with the PPI once your ready!