Does anyone know how to get a copy of my credit agreement from MBNA?

jjbrien

Does anyone know how to get a copy of my credit agreement from MBNA? The issue I am having is they have been charging me for 3 years for payment protection and claimed I agreed to this when I signed the credit agreement. But I never singed one does anyone know how I can go about getting this and proving I never singed this?

broker2008

Ring customer service in first instance followed by email, followed by letter , then escalate to complaint, see website. Another possibility was that they rang you one day and they may have the telephone recoding. Let us know how you get on.

Sir Oxman

jjbrien wrote: »

Does anyone know how to get a copy of my credit agreement from MBNA? The issue I am having is they have been charging me for 3 years for payment protection and claimed I agreed to this when I signed the credit agreement. But I never singed one does anyone know how I can go about getting this and proving I never singed this?

http://www.moneysavingexpert.com/reclaim/ppi-loan-insurance

Have a read, it's a UK site but gives good advice in how to approach PPI reclaiming if you think it was mis-sold.

I am in the endgame of a reclaim against MBNA for CC PPI which wasn't properly explained at point of sale. (T&Cs, wasn't fully explained that I had adequate job cover/insurance cover so didn't need their PPI) This was distance -selling btw.

Don't be put off by their reply letters - that's their job.

Final step for me is Financial Regulator Ombudsman


Advice - don't rely on phone calls or email except the initial contact by phoneif that is part of their compalint procedures, write in every correspondence with them and keep copies of course (register your letters)

As I suggested, read the site I linked to.

Good luck.

jaffa20

it's as simlple as asking them for a photocopy of the original application to be posted out. You're entitled to it under the data protection act.

I dunno why the replies above are talking about escalated complaints

It's as simple as asking for it and these applications have small print, you may have had to tick a box to not be charged this.

kaiser sauze

jaffa20 wrote: »

it's as simlple as asking them for a photocopy of the original application to be posted out. You're entitled to it under the data protection act.

I dunno why the replies above are talking about escalated complaints

It's as simple as asking for it and these applications have small print, you may have had to tick a box to not be charged this.

+ 1

I don't know what all the other discussion is about either.

Sir Oxman

"you may have had to tick a box to not be charged this"

Which is a case the OP would have for mis-selling surely?

PPI must be explained (exclusions etc) and alternative options spelt out to the customer (own income insurance etc)

Simply ticking a box NOT to be/or to be sold PPI is not on (don't actually know if this country lets it slide but will find out pretty soon myself)

But I agree actually, a request for original application should be fulfilled under Data law no bother (fee may be applicable)

GerardKeating

gambiaman wrote: »

"you may have had to tick a box to not be charged this"

Which is a case the OP would have for mis-selling surely?

PPI must be explained (exclusions etc) and alternative options spelt out to the customer (own income insurance etc)

Simply ticking a box NOT to be/or to be sold PPI is not on (don't actually know if this country lets it slide but will find out pretty soon myself)

Most loan agreements have two sections to sign, one to accept PPI and one to decline, so unless the OP signed both sections, they might be "safe"...

broker2008

jaffa20 wrote: »

it's as simlple as asking them for a photocopy of the original application to be posted out. You're entitled to it under the data protection act.

I dunno why the replies above are talking about escalated complaints

It's as simple as asking for it and these applications have small print, you may have had to tick a box to not be charged this.

Sorry if it looked as if I was suggesting to escalate straight to complaint. I was merely pointing out the order - start with customer service who should of course sort out by looking at copy of proposal form or listening to telephone recording. If this wasn't successful escalation could begin. I have first hand experience, a bad experience, of a supposed tick of a box where an application form was then unable to be located etc etc. It was sorted but took time and not taking no for an answer.

jjbrien

broker2008 wrote: »

Sorry if it looked as if I was suggesting to escalate straight to complaint. I was merely pointing out the order - start with customer service who should of course sort out by looking at copy of proposal form or listening to telephone recording. If this wasn't successful escalation could begin. I have first hand experience, a bad experience, of a supposed tick of a box where an application form was then unable to be located etc etc. It was sorted but took time and not taking no for an answer.

it was done online back in 2003 they have said i ticked the box when applying for the card and i agreed to it when i signed the credit agreement. I have never signed an agreement to my knowledge for this account. Does anyone know if you apply for a credit card online and never get a credit agreement to sign does it make it void? I am not looking for a way not to pay them the balance on the card only to argue to them that since the lack of any credit agreement signed by myself i dont have to pay them the payment protection insurance or anything if they wanted to play hard ball.

I have been looking at this site http://www.consumeractiongroup.co.uk/ its exellent some people in the Uk have managed to get alot of debts and charges disolved thanks to it. I have adapted a letter from the site to the Irish Consumer Credit Act 1995 and sent to MBNA to see what happens. I am not an expert on Irish law so I done the best I could with thier template.

This letter is a formal request pursuant to section 30 of the Consumer Credit Act 1995. I require you to provide me with a true copy of the credit agreement relating with my original signature to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.30 will apply.

If it is your view that you are not the creditor, Consumer Credit Act 1995applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by Consumer Credit Act 1995. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that Consumer Credit Act 1995 is clear that an assignment is of both rights and duties.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance.

I look forward to hearing from you.

Yours faithfully,

kaiser sauze

jjbrien wrote: »

it was done online back in 2003 they have said i ticked the box when applying for the card and i agreed to it when i signed the credit agreement. I have never signed an agreement to my knowledge for this account. Does anyone know if you apply for a credit card online and never get a credit agreement to sign does it make it void? I am not looking for a way not to pay them the balance on the card only to argue to them that since the lack of any credit agreement signed by myself i dont have to pay them the payment protection insurance or anything if they wanted to play hard ball.

I have been looking at this site http://www.consumeractiongroup.co.uk/ its exellent some people in the Uk have managed to get alot of debts and charges disolved thanks to it. I have adapted a letter from the site to the Irish Consumer Credit Act 1995 and sent to MBNA to see what happens. I am not an expert on Irish law so I done the best I could with thier template.

Good work on the letter; and good luck with your request.

CSC

If you didn't want the cover why pay the charges for three years? Surely the first month you noticed it you could have rang up to cancel.