MBNA now DLC debt

[Madge67]

2 things - 1) new letter done and sent re card protection charges (posted Monday)

 

2) I had accpeted their 28 days time limit to deal with my charges complaint, that was up yesterday - time for LBA I think. Will get this posted off tomorrow .

 

Oh yes and I had a letter from a Solicitor acting for Hillesdon threatening Court actino against me ..... WHATEVERRRRRRR !!!

 

Madge

[Madge67]

Sent LBA letter this morning but decided to give MBNA a call anyway to see what had happened re my complaint against charges and fees. They said they had sent letter on 11/01/12 said charges are fair etc etc not refunding charges blah blah blah. I kind of knew this would be the case. So let battle commence and off to court we go. I must admit im a bit anxious about getting this part right but I really want to pursue this.

 

I know I will be looking for lots of advice on here in the next few weeks which will be very much appreciated

 

Madge

[Madge67]

Oh my days - Had a letter from MBNA today saying

 

Further to our recent correspondence, please find enclosed a cheque for sum of 225.90 as promised.

 

WHAT!!! - Firstly I didnt receive their recent correspondence, when i phoned on Monday I asked the woman on the phone to send me a copy (which i havent recd yet)

She didnt say they had made such a generous offer (NOT). My claim was for charges of 1307 and interest of 5948.69 total = 7255.69. The claim is from 2003 onwards and the interest rate was 34.90% so this is why it is so high.

 

 

Just a quick question - Now I have already sent an LBA letter which was just a copy of my original complaint letter. Should I respond to this latest letter (even though I dont know how they have worked out the amount they have offered).

 

Or - shall I just continue with my claim through court????

 

Thanks

 

Madge

[dx100uk]

return it

 

dx

[Madge67]

So return the cheque with a letter saying 'thanks for your wonderfully kind offer, but bog off'

Maybe refer to my letter before action sent on Monday.

cheers

 

dx

[Madge67]

Hi

 

Ive finally recd the response from MBNA to me initial complaint against the charges. Here is what they have to say.

mbna_page1_001.pdf

 

I have already submitted my LBAon 16th Jan which was just a copy of my original claim. Not sure what to do next. Should I repsond to this and give them another chance to increase their offer or go straight to court. Getting a bit nervous about this and would really appreciate any thoughts on my next move and of the letter they sent me

 

cheers

Madge

Mbnapage2 (2).pdf

[dx100uk]

waffle and garbage designed to confuse you....

 

Dear

Re: Your Reference

Thank you for your letter dated 30 November 2010. I would like to take this opportunity to make you aware of the fact that if I do issue Court Proceedings this will incur a further interest charge of 8% simple interest, on each charge including your interest - from the date it was levied - to the date of your claim

I also note that your letter effectively seeks to justify these charges on the grounds that it complies with OFT guidance. In that guidance, the OFT says:

“As a practical measure, to help encourage a swift change in market practice, we are setting a simple monetary threshold for intervention by us on default charges. The threshold is £12.

We regard the setting of the threshold as a provisional practical measure to move the market towards compliance. We should make it quite clear that we are not inviting the banks to align their charges at such a threshold figure. We are not proposing that default fees should be equivalent to the threshold and a court will certainly not consider that a default fee is fair just because it is below the threshold.

The threshold is not intended to be a permanent feature of our intervention in this market. We will consider further action if trends in the market suggest that this threshold approach is insufficient to bring about appropriate and early change in the market.

It is also important to note that the threshold for action is a statement of our regulatory intent. We have no power to constrain private civil actions or to determine what a court should decide and other enforcers may apply for injunctions under the UTCCRs”.

I require repayment in full of this money and removal of the default notice.

I look forward to hearing from you within fourteen days from the date of this letter.

Yours sincerely

delete amend as necessary!!!

 

 

as they are wishing to resolve your complaint to your satisfaction, then why are they not giving you the full monty.

 

dx

[Madge67]

I love you DX

[dx100uk]

not here madge.......not here dear..

 

dx

[Madge67]

Hee hee you nutter DX - Any road up - Ive done my response here it is

MadgesMBNA.pdf

 

Ive also uploaded the spreadsheet so you see the amount I am claiming - Seems really high but the inetrest is only what they charged me.

 

 

MBNA LBA(2) 060212 edited[1].pdf

[Madge67]

Oh gosh i should have renamed the file DOH!

[Madge67]

Update: Letter from DCL saying as Ive ignored them they MAY send the heavies round.

 

I'll pop the kettle on shall I?

[Madge67]

Update re my CCP claim from MBNA.

 

I have recently made a claim for credit card protection amounts that were applied to my credit card some time ago. I know this is slightly different to PPI protection but I still feel these were missold to me as I had no idea they were being applied or what they were for.

 

I have received a reply to my claim today as follows:

 

Thank you for your letter regarding the charge for an annual subscription for card alert that was applied to your account by CCP Holdings (CPP)

 

I confirm that when this policy was sold to you the terms and conditions were issued by CPP at the time and these explained that they would be responsible for this policy. They also stated that the cover would automatically renew every year until you cancel it wirth them.

 

Taking into consideration your situation I can advise you that I have contacted CCP who have confirmed that your policy is already cancelled so no further premium will be charged.

 

Furthermore I regret that I am unable to issue a refund of the premiums charged as the insurer has been paid and you have been covered in line with the terms and conditions.

 

I trust this has now been resolved

 

Can I go any further with this? I dont want to waste my time in trying to pursue something that I have no chance of succeeding in.

 

What would my next step be? LBA letter maybe?

 

Many thanks

 

 

Madge

[Madge67]

Anyone????

[dx100uk]

there is always our search top right...........

 

http://www.bbc.co.uk/news/business-11747016

 

dx

[Madge67]

Oooooh DX - I didnt think of that - as if. Ive really tried hard but cant really find anyone who has made a complaint and succeeded. I'll keep looking though, its probably just me being vague.

 

re charges claim - letter I sent on 5th Feb was signed for on 6th giving 14 days to respond. this was up yesterday so I guess its time to file a complaint to court - OMG!!

 

I have already uploaded my claim spreadsheet so just have a few initial questions (really easy ones to start with) Im sure they will get complicated as I go forward but for now I really appreciate your advice or comments.

 

1) I have claimed 34.9% compounded interest - This was the only rate I could find within the SAR details they sent me. However on closer look - the coms log shows interest rate increases from 29.9% to 34.9% in Nov 2007. Would you recommend I perhaps do an average of the two or maybe even go for the lower to show Im not being too greedy. erm hermmmmmm!!!

 

2) What about them harping on about 12.00 charges being fair and only offering the difference figure of anything higher than this. I know you guys are really up for claiming everything, and really do trust you, Im just a bit jittery and perhaps need a bit more reassurance....go on, call me a muppet.

 

Thank you my lovelies.

 

Madge

[dx100uk]

1 no

2..

the oft did not give perm for any level of penlty fee let alone £12.

 

nicked from somewhere

 

Dear Mr. Hoang,

Thank you for your prompt response to my letter of 13th October 2010.Your letter indicates you believe your charges are in line with the Office of Fair Trading Guidelines. In order to make it clear to you that OFT did not give you permission to charge £12.00 I include these quotes from OFT “We are not suggesting that default fees should be set at £12, and a court will certainly not consider that a default fee is fair just because it is below the threshold”. “We consider that a contract term is likely to be unfair if it requires consumers to pay more as a result of a default than the court would order them to pay if they were sued for breach of contract. This means that a default charge should not exceed a reasonable pre-estimate of the administrative costs that the consumer ought to have realized would be likely to be incurred by his or her card issuer in dealing with defaults”.

In order for you to charge me £12.00 you must demonstrate to me that it cost Capital One £12.00 by you receiving my payment two days late.

I was only requesting that you to return all charges to my account that reflects negative balance on my account, however as you have pointed out in your letter to me of 8th December 2010, you have charged me £20.00 many times and occasions.

English Law is very clear the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd. I now require you to repay all my charges in total of £676.00 including 8% interest £338.99 of total sum 1,014.99 to my account within 7 days.

Failure to comply will result in court proceedings being initiated,and let the Court decide if the charges are in proportion to actual costs in addressing any breach of terms and conditions/and or loss.

Court action will also include a claim for costs and section 69 interest at the Courts discretion.

In the absence that you can furnish me with figures which represent a true fee/charge that is not undue enrichment,I will be asking the Court to order your disclosure of the same.

In consideration of any charges which you consider outside Limitation,I will be seeking to rely on section 32c of the limitation act 1980 citing the precedent between Kleinwort Benson v Lincoln City Council.

This has been widely accepted by County Courts in recent years.

I trust this outlines and clarifies my position

Yours Sincerely

 

 

.............

 

dx

[Madge67]

I dont care if its nicked - its beeeeeaaaautiful

 

thank you.

 

Time to prepare fully then DX. Doing lots of research on here before though.

[Madge67]

Well peeps - just phoned MBNA to see if they have looked at my response sent to them on 05/02 re the unfair charges. They have indeed and they have sent me a letter (not recd it yet) upping the offer to £1858 (final offer). they have decided to refund all charges and 8% interest - Hmmmmmmmmm what to do what to do?????

[Madge67]

Ims or anyone - you there ??

 

Got homes tonight and just as a thought I opened up the spreadsheet I had used to work out the claim

- Wanted to see the amount at 24.9% interest as this is what it was before it went to 34.9%.

 

Looks as though my previous spreadsheet was wrong that my claim was based on .

 

I think the sum cells didnt go all the way down to the bottom of the spreadsheet so the last few lines were missed - arrghhh

 

I didnt post my previous one on here for you to check for me so that will teach me a big fat gypsy lesson.

 

Here is the new one.

 

Please can you take a look and see if it looks ok now, Id bee extremely grateful.

 

So based on this new set of figures OMG!!! the claim is now £10596.

 

They have offered 1850 - hmm makes the decision a bit easier me thinks.

 

Madge

[Madge67]

Here is mbnaci.xlsthe spreadsheet

[Madge67]

Dx where are you my lovely?

[dx100uk]

that will be the CI sheet

you'll have to goto court if you want them to pay that figure

and i doubt you'll get passed 6yrs

so i make it £1947 ish

 

ideally you should use the fos running one from here.

 

but it's alot of work

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

read the notes!! red tab

dx

[dx100uk]

Well peeps - just phoned MBNA to see if they have looked at my response sent to them on 05/02 re the unfair charges. They have indeed and they have sent me a letter (not recd it yet) upping the offer to £1858 (final offer). they have decided to refund all charges and 8% interest - Hmmmmmmmmm what to do what to do?????

 

they cant just use 8% sorry

 

they are wrong and trying to short changed you

 

see above

 

dx

[Madge67]

Hi DX - thank you for coming back to me and cheers for the link - Yeh I realise they are trying to diddle me. muddy funsters they are

 

Hey I didnt realise these new spreadies were knocking about. DX did you mean I should be looking at the CI spreadsheet in the link, the FOS one relates to PPI payments and not charges.

 

I thought I was meant to enter the interest rate as it was i.e 34.9% and that the 8% was only iro PPI claims not charges. I am of course willing to accept a much lower fee which is why I was thinking of the 24.9 figure as well.

 

Where did you get your fgure of 1947 (is that 8% too) Oooooh and can you explain - why would I have a problem with 6 years.

 

I really do appreciate you help mate

 

Madge