help needed (charges and serious problem with IF) **WON**

[BelstarBomb]

Prangers,

 

Looks ok to me. You have absolutely nothing to lose in sending it and everything to gain!

 

Let me know how you get on?

 

Good luck

 

BB:D

[Prangers]

cheers. i hope they wish to sweap this one under the carpet and pay up pronto.... i dont need the money financially BUT it would be lovely to have £2700 to blow on something nice

[Prangers]

IF signed for my package this morning @ 9.01am so i guess im in the waiting game now until they contact me.

[Prangers]

just had a call from IF. they have justified the transfers on my account and put it down to the money i was paying via CAPS was being put into my loan account and should have been going to my current account. so they transfered the totals to balance the books so to speak. the only trouble is there is a 700 quid difference between what IF say the debt was sold to the DCA for and the amount the DCA said they bought it for. so IF are going to look into it for me.

 

i also asked about the Credit Card Charges claim i put in 14 days ago and she said they sent me a letter on the 20th august with an offer of £430. bearing in mind that i am claiming for £2700 total and in theory only £900 of that is the actual difference between the OFT agreed £12 per charge its not a bad offer. but i will obviously reject it and hope for more.

 

i have got to say they seem to be very interested in helping me and cant fault them on their customer service at this point. spent over an hour on the phone (they called me) discussing the whole double payment thing and i hope something can be sorted regarding it.

 

so hopefully there is a letter waiting for me at home for when i get in from work

[emmaf01]

Its great that they seem to be being helpful. It's great that you are holding out for a more acceptable offer.

 

Stick to your guns and you will get a satisfactory conclusion.

[Prangers]

i will post up any new developments that occure. thanks again for all the help everyone

[BelstarBomb]

Great news Prangers - just what you need on a Friday!

 

BB

[Prangers]

yeh exactly.result lol

[Prangers]

after careful consideration regarding their offer i rejected it. got a letter last friday (2 weeks after rejecting the offer) saying they have looked at my case again and they cant do any better basically so they are passing them onto their senior manager to look into. so guess this is going to take ages now...

 

how long from start to finish should i give them.... regardless of them making me and offer then looking into it again ???

[Prangers]

WOW im shocked. came home after a weekend away to find a letter from IF sitting on the doorstep.... thought it was gonna be another waste of time letter... BUT.... it was an offerfor £1350 SWEET and thank you very much ill take it lol. just gotta sign the acceptance form and they will send a cheque... just in time for my M.O.T lol

[BelstarBomb]

Good for you!

 

Let's hope that I get as much joy from HBOS.

 

Everything has now been passed over to my solicitors - I realised that I had legal cover in my house insurance and they have agreed to take up my case for me.

 

I'll let you know how I get on in between you getting your MOT done and swigging copious amounts of lager or wine with your £1350

 

Great result - it's put a smile on my face

 

Not so much of a plonker now are you! :grin:

[Prangers]

lol well im still a plonker but i have an extra 1350 in my pocket. the best thing is i get paid in 3 days so i def wont be short of cash to do as i please for the next few months lol

 

thanks for all the help.

 

lets hope my other more in depth claim with IF gets settled soon

[emmaf01]

Well done, Prangers- brilliant result!

[steven4064]

Congratulations Prangers - well done

 

 

(I'll change your title to WON)

[Prangers]

now that they have agreed to refund the charges (i still aint seen a cheque yet) where do i stand with trying to get the default removed against this account???

[BelstarBomb]

Hi Prangers,

 

It all depends on if they had issued the default after your had technically paid it all off. When was it issued?

 

BB

[Prangers]

it was issued in july 2005 i paid it off last year

[BelstarBomb]

Hi Prangers,

 

I don't think you will be able to get it removed then. I think your only recourse maybe if the default was made up of the charges. If that's the case you have a good arguament otherwise you will just have to enjoy your £1300

 

BB

[Prangers]

lol the trouble i have with the default is that i dont agree with the date it was made. basically i opened the account in sep 2001... i spent up to the limit.... and never made a single payment on the account. so for the next 4 years all IF did was put charges and interest onto the account until they defaulted it. i have already complained about the defualt and they responded by saying that the date was correct.

 

so not sure what to do really

[BelstarBomb]

had you CCA'd them and got a satisfactory response. I still haven't heard back from IF and they have cashed my cheque and Halifax finally did get something back to me after cashing the cheque and they don't have an application form or properly executed CCA so they are stuffed.

 

I think your only angle if they don't have one is to say that as the whole agreement was unenforceable they did not have the right to process your information.

 

Have you got legal cover on your house insurance?

 

BB

[Prangers]

i dont have house insurance... i live with me folks. i will write them a letter basically asking them to remove the default as it was caused as a direct result of the charges that they have since refunded.

[Prangers]

right this has now NOT been settled. i knew it was too good to be true.

 

phoned them today as i have been waiting for the cheque they said they would send now for 2 weeks. basically the woman on the phone told me the money had been paid into the credit card account relating to the charges as there was still a balance of £600 to pay on the account. please bear in mind i paid a settlement figure on this account last year which was £600 less than whatthey were asking so i can see where they get the £600 from. the thing is i have a letter from the DCA stating the monies accepted was for full and final settlement of the debt owed.

 

another note is in all correspondence with IF i have asked for a cheque. and in the final offer letter ( which i accepted) said i would receive £1350 via cheque to the above address (meaning me lol). it was only today when i phoned the woman said it was being part paid into the debt.

 

so basically i told her i reject the offer and for them to terminate my acceptance. (i will also put this in writing and in the post tomorrow). i also told the lady that as they are past the deadline for settling my complaint (8 weeks was up on 2 October) that i will be refering my case to the Ombudsman.

 

do you think this i the next step i should take. or do you think i should start court proceedings???

 

really need some help now. i have re calculated the claim i put in originally which was for £2400 (all charges refunded in full) and just taken the charges over the past 6 years and the claim now totals £1660. what are the chances of the court enforcing them to pay this???

 

sorry to rabbit on.

 

could someone remove the **WON** from the title of this thread as im now not a happy bunny lol

[emmaf01]

PM a member of the site team to get the "WON" taken off.

 

It is terrible what they have done- do you have proof of the full and final settlement from last year? That would help. And then I would take them to court.

 

Send them a letter stating that you are shocked that they have decided not to honour the previous agreements, both for the full and final settlement of your account and this fresh issue and that, because of their bad faith, you feel there is no other option than for you to take them to court. Don't forget to add that you are disappointed that they have forced you into this course of action and they have 14 days before a claim will be lodged in your local court.

 

Hopefully this will cause scuttling. Include a copy of the previous F&FS agreement and their last letter regarding your complaint.

[Prangers]

yeh i have the letter stating that the debt has been settled from the DCA. im fuming i cant beleive they have offered this money by cheque knowing full well i would not see all of the money they are offering. surely the fact i have it in writing from IF that they will pay £1350 by cheque they cannot surely go back on this and say " thanks for accepting the offer but we changed our mind.... we are gonna keep £600 of it"

 

the woman on the phone said they £600 still owed by me was made up of charges. i said what all £600 of that is charges... her reply was no only a percentage of it is charges. so i said ill repay that percentage and she said it doesnt work like that....... but she just said it did work like that.

 

GRRRRRRRRRRRRR!!!!!!!!!!!!!!!!

[steven4064]

The way you indicated that you were going to proceed in post #47 seems to me to be the right ways to go. Give them a couple of weeks to reply and then start court proceedings (or issue an LBA if you didn't before and then start proceedings). Remember to include default removal if that still applies.

 

'WON' removed (temporarily )