Cap1 & CCA return

[Guest The Terminator]

Was the body of your letter identical?

 

I wonder if anyone that hasn't made a S78 request is getting these letters or whether it's purely a response to those requests?

 

Does smack of desperation doesn't it?

 

Pete

 

My letter was exactly the same word for word.I find it degrading of a bank to suggest that you ask your family for help and this is a breach of the OFT guidelines in itself. Things are certainly getting desperate.

[Number6]

BBC NEWS | Business | First Direct to end free banking

 

This is desperation as well.

 

I saw that on teletext news this morning. Disgraceful!

 

Pete

[Guest The Terminator]

I saw that on teletext news this morning. Disgraceful!

 

Pete

 

Surely if the banks charge £10 a month that must be an illiegal charge.

[Number6]

Surely if the banks charge £10 a month that must be an illiegal charge.

 

No, it wouldn't be a penalty charge, merely a subscription charge like many banks already charge for their "Gold" or whatever accounts. It would be quite lawful for new acounts.

 

Whether they can apply it to existing accounts though is another matter.

 

Pete

[meagain]

That's an interesting one. I'll have to ask my local drug dealer if he would consider imposing a similar monthly fee on his clients next time he's asked to give up his ill-gotten gains.

[tamadus]

Number 6 and Terminator,

 

I had the same letter a few weeks ago before MBNA settled my claims. basically they will offer you a deal of for example, the account has 4000 outstanding they will suggest you make a one off payment of say 1800 and they will cancel the rest.

 

I forget the figures quoted to me but I did call them back after the settlement and they suddenly removed the offer saying the refund didnt count, so I told them to stick it.

 

I agree the suggestion to borrow of friends and family is ludicrous and just shows the depths they are starting to stoop to.

[tamadus]

Was the body of your letter identical?

 

I wonder if anyone that hasn't made a S78 request is getting these letters or whether it's purely a response to those requests?

 

Does smack of desperation doesn't it?

 

Pete

 

I did not make a s78 request to MBNA.

 

Also my ex wife had a similar offer from a solicitor acting for Cap 1 and no s78 was made there either.

 

I think they are looking at accounts where a dispute has arisen for whatever reason and using this as a means of getting something back on the accounts.

 

I only know of this tactic with MBNA and Cap 1 so far, it's possible the American parents are slapping wrists over claims.

[tamadus]

No, it wouldn't be a penalty charge, merely a subscription charge like many banks already charge for their "Gold" or whatever accounts. It would be quite lawful for new acounts.

 

Whether they can apply it to existing accounts though is another matter.

 

Pete

 

How does this sound as a theory.

 

the charges are unlawful, which implies that at least 1billion of their profits are devised through unlawful means. They are now realising that the charges golden egg has come to it's end so are now going to replace those unlawful profits by charging us for basic accounts.

 

Imagine if the OFT actually took action, the court could confiscate all the hard earned unlawful profits

 

personally I will tell them what to do , just as I have told the credit cards what to do over the high interest rates they charge.

[mcuth]

BTW, I got a cracking reply to a s77/78 request today from Robinson, Way & Co Ltd, collecting on behalf of Grattan:

 

Further to your request for a copy statement/agreement for your account. Our client confirms that all relevant information has previously been sent ot you, and that the balance outstanding as stated above is correct.

 

The account is now long overdue for payment and we look forward to receiving payment in full, or your payment proposals, by return.

 

So, here's my reply to that

 

Thank you for your letter of 13th November 2006, received today.

Your client is mistaken if they believe that they are not obliged to fulfil a request made under sections 77/78 of the Consumer Credit Act 1974 (“the CCA”). May I respectfully suggest that you & your client appraise yourselves of the content of these sections, or explain why you believe that the CCA does not apply.

 

You are in receipt of the appropriate £1 fee and, as I explained in my letter of 5th October, under s.189 of the CCA you are obliged to supply these documents whether you or not are the original creditor.

 

You were also informed of the timescales for supply of this information – the “prescribed period” in subsection 1 is 12 working days from receipt of the request – this expired on 23rd October 2006. You were therefore in default of this request from 23rd October 2006 and you are currently unable to enforce the agreement.

 

S77 subsection 4(b) & s78 subsection 6(b) state that “if the default continues for one month he [the creditor] commits an offence.“ If, on 23rd November, you continue to be in default of this request, you will be committing an offence. At that time, I will instruct PayPlan (who handle my payment proposals anyway) to cease payments to you, and you will be reported to my local Trading Standards department for whatever action they deem necessary.

Cheers

 

Michael

[tamadus]

BBC NEWS | Business | First Direct to end free banking

 

This is desperation as well.

 

Hopefully they will have 195,000 closed accounts before February. Once again I see they are targetting those with incomes that dont move £1500 a month through the account. That is going to include a couple who both work and have seperate accounts but pay money into a joint account for housekeeping as well.

 

I use Smile (who settled my claim this morning ) but the minute they tell me they are going to charge me for using them I move to another bank. Even if I have to move my account offshore.

[tamadus]

oh while I remember it a little story you might have a laugh at

 

A friend of mine in the States was inspired recently by my stories of us fighting back. She phoned her credit card company and demanded a reduction in interest rates, when they said no she simply replied very calmly that it was time she changed her credit card supplier. they immediately cut 2% of the interest rate for 6 months. She is now enjoying one of the lowest rates available over there.

 

In 6 months she intends to give them the option of making the lower rate more permanent. In the meantime she is contacting other providors and asking them if they can beat the rate she gets now LMAO.

[meagain]

I know it's a bit of an annoyance, but you do realise that in most cases you can just draw your entire salary and put it all back in to reach the £1500, yes?

[tamadus]

I know it's a bit of an annoyance, but you do realise that in most cases you can just draw your entire salary and put it all back in to reach the £1500, yes?

 

yes I realise that would be a get around but as you say its an annoyance.

 

The real trouble is we rely on banks for far too much now to the point where most of us rarely need to carry cash. Because of that a lot of us have lost the sense of value for money and the banks have us firmly where they want us.

 

We rarely handle cash , lose its value and end up in a world of nightmare credit. Hmmm I seem to recognise that scenario.

[e28bigalbexley]

The real trouble is we rely on banks for far too much now to the point where most of us rarely need to carry cash. Because of that a lot of us have lost the sense of value for money and the banks have us firmly where they want us.

 

I think there has been quite alot of talk by the banks and the government about the possibilty of moving away from cash and relying soley on plastic, how depressing.:o

 

On another note i have 3 outstanding cca requests outstanding, isnt it suprising how long that 12 days + 30/31 takes to pass:cry: .....oh well only 7 more days to go:D

 

 

AL

[tamadus]

I think there has been quite alot of talk by the banks and the government about the possibilty of moving away from cash and relying soley on plastic, how depressing.:o

 

On another note i have 3 outstanding cca requests outstanding, isnt it suprising how long that 12 days + 30/31 takes to pass:cry: .....oh well only 7 more days to go:D

 

 

AL

 

A totally plastic society is what they want Al with their grubby little fingers in every last part of our lives. when you control the pocket you control the person.

 

Personally I think the people should start refusing their sterile, plastic world, so far its caused us all nothing but problems. Using cash was never a problem in my youth, the problems started with using plastic.

[un1boy]

Hopefully they will have 195,000 closed accounts before February. Once again I see they are targetting those with incomes that dont move £1500 a month through the account. That is going to include a couple who both work and have seperate accounts but pay money into a joint account for housekeeping as well.

 

I use Smile (who settled my claim this morning ) but the minute they tell me they are going to charge me for using them I move to another bank. Even if I have to move my account offshore.

 

Tamadus, I bank with Smile and I didn;t have time to tell them officially that I had withdrawn the claim until about 2 weeks after they paid - the day after they sent my my formal 30 days' notice - so much for being ethical!!

 

The problem with this is I cannot get another debit card at the mo because of unlawful defaults and they want me to close my ISA and savings accoutns, meaning I cannot invest into another ISA until April 2007!!

 

I've always had a good relationship with them, did not see this coming!!

[un1boy]

I know it's a bit of an annoyance, but you do realise that in most cases you can just draw your entire salary and put it all back in to reach the £1500, yes?

 

I don't understand this Meagain, please explain

[un1boy]

A totally plastic society is what they want Al with their grubby little fingers in every last part of our lives. when you control the pocket you control the person.

 

Personally I think the people should start refusing their sterile, plastic world, so far its caused us all nothing but problems. Using cash was never a problem in my youth, the problems started with using plastic.

 

I agree....

[alanfromderby]

I don't understand this Meagain, please explain

 

If your monthly income is, for arguments sake, £900.

 

When the money comes into your account, you withdraw £600. Then pay it back into your account. Your account will then show that you have income into the account that month of £1500.

[Guest The Terminator]

Hopefully they will have 195,000 closed accounts before February. Once again I see they are targetting those with incomes that dont move £1500 a month through the account. That is going to include a couple who both work and have seperate accounts but pay money into a joint account for housekeeping as well.

 

I use Smile (who settled my claim this morning ) but the minute they tell me they are going to charge me for using them I move to another bank. Even if I have to move my account offshore.

 

Banks warned of 'end to the good times' | | Guardian Unlimited Business

 

Oh dear!!

[un1boy]

If your monthly income is, for arguments sake, £900.

 

When the money comes into your account, you withdraw £600. Then pay it back into your account. Your account will then show that you have income into the account that month of £1500.

 

Ok, thanks for clarifying that!

[tamadus]

Tamadus, I bank with Smile and I didn;t have time to tell them officially that I had withdrawn the claim until about 2 weeks after they paid - the day after they sent my my formal 30 days' notice - so much for being ethical!!

 

The problem with this is I cannot get another debit card at the mo because of unlawful defaults and they want me to close my ISA and savings accoutns, meaning I cannot invest into another ISA until April 2007!!

 

I've always had a good relationship with them, did not see this coming!!

 

Did you actually issue a court claim against them ?

 

They have settled mine on getting the LBA but the entire claim is only £320. Hopefully they wont try bully boy tactics of closing my account.

 

I'm not sure thay can force you to close your ISA and savings account and consequently lose money through it. That in itself would also be a penalty.

[un1boy]

Did you actually issue a court claim against them ?

 

They have settled mine on getting the LBA but the entire claim is only £320. Hopefully they wont try bully boy tactics of closing my account.

 

I'm not sure thay can force you to close your ISA and savings account and consequently lose money through it. That in itself would also be a penalty.

 

Yes, I issued the MCOL - my claim was the smae amount as your though, that's what annoys me!!

 

And I sent a secure message to a manager before the dedaline for MCOL asking them, politely to have a look at my claim before the deadline so they wouldn't have to pay costs etc, but she was a c*w and said that it would take a few more weeks......I think it was because of this they are closing my accounts.....the letter I received was from a Jane and the Manager I secure messaged was a Jayne!!! spooky?

 

What I don't understand is that the letter only has my current sort code and nnumber on it, but the letter says "accounts with smile" all the time, not account. I have written to them, but there is no reason for them to have done this - the last set of charges I got refunded was when I worked for their parent company and they didn't pay me properly, so I got charged a few hundred pounds - my manager at the time arranged with them to refund them and confirmed that it was my employer's mistake.....I'm soooo mad....so so mad.......

 

It's sort of shooting themselves in the foot really, because I'm actually getting a mortgage and some investment products etc which I was going to do through them. If they do this to me then I won't go through them!!!

[clint1974]

RBS Credit Card and Barclaycard have not replied to my request dated 26/10/2006 what should i do next?

[un1boy]

If they received it more than 12 WORKING days ago then you can withhold payment

 

Then wait a further calendar montha nd id they still haven't sent it you need to send an LBA