Hi, I've been looking through the site and can't find anything specific to this, so thought I'd start a new thread. Long and short of it is, that DLC are trying to get a ccj registered against me for an old Citi card debt. As I understand it, the account is not statued barred (been less than six years), but they don't have a copy of the credit agreement or deed of assignment (after cca request). Nevertheless, they still made a claim against me on Jan 2nd. I put in my defence on MCOL and they have not responded. Phoned Northampton CCBC today and they confirmed to me the claim had been stayed. My question is, and the court official I spoke to could not confirm, how long is a claim stayed before it is struck out? BTW, just for info, I've done some digging on this DLC company. They appear to be one of the richest families in the Uk, with their fingers in many different pies. Especially chicken farming! Attached is some info I've dug up. If anybody knows anything else about them I'd be really interested as they've been real cluckers towards me. Best wishes everyone, Steve

I got a letter today from Platform responding to my prelim letter claim. They are refusing any refund. However, in their response they say: "A number of items are taken into account when determining the level of early repayment charge, some being: -The revenue which we have foregone by the customer redeeming their mortgage early. -Recovering some of the costs, which we have originating, funding and servicing a mortgage over its expected lifespan. We also belive it is unfair on the customer who continues with their mortgage contract to cross subsidise the cost we incur from other customers who redeem their mortgage early." I could do with some advice on how to proceed with this... I'm not sure if this is an explaination of the costs they face as a result of the loan being paid early (an explaination of which is requested in the prelim letter), or is this them admitting (unwittingly) that the redemption charge is a penalty that bears no real relation to the mortgage being redeememed... Thanks for any advice! Not sure if it's worth persuing this one at the mo... Steve

From my point of view he was a very reasonable guy (the customer advocates office generally seem to be more accomadating than other parts of MBNA). As your account is still active I guess it would be easier to get the information they need to look into your case (I had to wait until they could get the information on my account as it was closed and went back to 1999). I would say it's worth having a go - nothing to loose as you'll be claiming anyway... Have to say, I think It's shocking they way they operated your account: reducing the limit then taking you back over it with interest charges! Really underhand behaviour; I'd point that out if you do decide to call them. Good luck. Let us know how you get on with them. Steve

Yep, you're right. Just need to get me head around the statements, loan agreements and PPI I paid. Again, I think the banks are relying on confusion and inersia to keep the money rolling in... Even the bloke at the branch told me he shouldn't be approving the original loan back in 1999, but he did anyway. Good on him. Lets keep this thread going. Hopefully others will have some experience/advice to offer.

I have a managed loan with HSBC. Was set up in 2001. It was originally a Graduate loan for £5000, which was renewed three times to pay off O/D and CC debts. The term I have is for ten years, so I'll be waving the olympic torch goodbye before I pay it off! I work out I've alredy paid HSBC about 20K for that original loan and I'll be paying them £220 a month for the next six years... The three previous loans, plus O/D and CC charges combined, plus redemption penalties and intrest on PPI on the previous loans has made tackling this one too mind boggling for me, so resigned myself to it! Would be great to get some redress from them though! It's either that or sell my first born to them!! Steve

No, don't call the call centre!! They know nothing and will be mega unhelpful. Call the Customer Advocates office and ask to speak to Gareth Tunnicliff on 01244 672628.

Hi joload, I sent the LBA, then about a week in I gave the customer advocates office a ring (just on the off chance I could get it sorted before money claim). Spoke to a bloke there, he said they didn't want to go go court, i agreed. They had all the info they needed and would I be prepared to sort it out over the phone? I said yes, and half an hour later they called me back making a full offer plus some (don't know where the extra bit came from but I accepted.!) Just had to write a letter saying I would drop the claim. Maybe worth giving them a call? Worked for me when the Money Claim deadline was looming for them... Good luck: let us know how you get on. Steve.

Just to keep you informed, got a letter from Platform (Britannia) this morning, saying that they're looking into my 'concerns' and have passed my letter to 'Redemptions' to investigate... I wait with baited breath!

Does this sound like an ok reply? Again, thanks in advance: I am so happy at mo!! RE: Final Settlement Offer a/c no. XXXXXX Dear Sir Having spoken to your office today, I am writing to accept your offer of £XXXX in full and final settlement of my claim against MBNA EBL for charges levied on my account. In accepting this offer, which your office made to me today, I undertake not to pursue MBNA EBL to a court claim once the funds have been returned to me. Yours truly

Keep going! They offered me my full claim today.

Just to let you know, MBNA have settled in full (and a bit more)! Just have to write to them accepting the offer and droping the claim. Can't quite belive it!! Thankyou for all the advice which people have posted on this site to enable me to get this money back: you're all brilliant! Fifty quid donation on its way when the cheque arrives. I'm off to book me summer hols now...

9K!! That's terrible! There is NO justifucation for a charge like that. My god. Shocking! I know the OFT are looking at mortgage charges at the mo and are reporting back next month. Sooner the better!

It would be graet if you could explain a bit more what you did to get your money back, Julie. Any advice would be gratly appreciated! This seems to be a grey area...

This sounds really interesting. Paid about 3000 to Platform last year to settle my mortgage. Have had a read through this and have 'tweeked' the prelim letter; anybody got any opinions? Thanks in advance. Request for repayment of charges Dear Sir/Madam, ACCOUNT NUMBER: xxxxxxxxx My request I am writing to ask you to refund to me the ‘Redemption Penalty’ charges which you levied on my mortgage account when I settled the balance last year. I now understand that the redemption penalty fee which you applied to my account in order for me to pay off and close the mortgage is unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put as a result of me paying off my mortgage with you early, in order to reassure me that your penalties really do reflect your costs. In Common Law you can only recover liquidated losses stemming from a breach of contract - that is, money which it has actually cost you to end the contract early. To quote The Govan Law Centre: "charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79." Your responsibilities I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that when I settled my mortgage with you, you operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I consider that your contract suggested that your redemption penalty charges are fair, legal and reasonable are deceptive and that they have deceived me into agreeing to pay them. Your concealment of the true nature of your charges has prevented me from asserting my right until now. What I require I calculate that you have taken £XXXXX in redemption penalty charges, which I paid at the time I settled my mortgage with you. I require you to return this sum to me. My targets to resolve this matter I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment. If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments. After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline. Yours faithfully

Thank you!