diskmandave vs aqua card - MCOL action - ** Settled/Cheque Banked **

[diskmandave]

Hi Dave

 

Your spreadsheet is fine.

 

You are a seasoned member so please don't take the following in the wrong way...

 

1 -> As you are going back further than six years, are you prepared with your arguments around Kleinwort Benosn -v- Lincoln City Council (payments made under a mistake) which should get you around the Limitations Act?

 

2 -> Are you familiar with the principles of Interest in Restitution since you are claiming interest on the charges beyond the date on which interest would have stopped (based on your comment that the account is all now in order?

 

The latter point is mentioned in case you are asked to justify to a court why your interest calcs run beyond the date where they may well have ceased charging interest if the account is now running on the basis that you pay it off each month in full.

 

Yeah, got it all IMS... Also, that charges when reduced to £12 were not refunded and therefore hidden, thus an illegal act...

 

As for point 2.... I'll happily accept a negotiated settlement.

 

I'm FULLY committed to this now....

[ims21]

Ok then, sounds like you're good to go with the LBA and spreadsheet.

 

[diskmandave]

Will be posted on Friday...

[volvo]

Hi Dave,

 

Long time no speak, but good luck with your current endeavours,

 

Balloons for you if you are successful, just like the old days

 

VOLVO

[diskmandave]

Ballons are waiting old friend!

[diskmandave]

LBA posted this afternoon..

[ims21]

Good luck Dave

[diskmandave]

MCOL or N1 ??

[ims21]

MCOL should be Ok

[AndyOrch]

N1 Salford if you need to add attachments and use an indepth PoC.

 

 

Andy

[diskmandave]

Thanks..... No update as yet..

Letter shown as delivered 14/10.

[jdl93]

So Glad to find this post, ive just registered a claim with mcol too. for 12 month's worth of fee's

 

Aqua responded to my letter with a final response, claiming its my fault for the £12 fee's because im paying the minimum payment.

 

 

Hope you get it sorted!

[diskmandave]

I can update this now.......

Have got another sod off and bother the FOS letter, I'll scan after tea...

 

Letter comes from Aqua Card Services, so CLEARLY, the Registered Office address is correct.

 

Going to do this by MCOL, all new to me now, so help would be appreciated.

And those that know me of old will know that I won't back down...

Edited October 30, 2013 by diskmandave

[diskmandave]

Here's the response to the LBA to "Progressive Credit Limited", clearly the right company as

the response is on Aqua standard letterhead... Doesn't acknowledge LBA at all, just goes back

to first response & refusal, go bother the FOS.....

 

 

Have now registered with MCOL and start building a claim.

[dx100uk]

one point to note

 

the FCA [FSA now]

made NO recommendations on ANYTHING other than BANK CHARGES.

 

it DOES not apply to credit card companies nor loans.

[diskmandave]

So, we're still going to Court then dx ??!

 

I've just got off the phone with "Aqua Customer Services", who point blank

refused to give me their Registered Office details, but did confirm that they

were indeed Progressive Credit Limited...

[diskmandave]

I've now completed & saved stages 1 to 4 of the MCOL process,

I'll need a kickstart with the PoC.... Just a general idea, I learn quickly!

 

I've started with.....

 

"The claimant claims that aqua credit card (Progressive Credit Limited)............."

[diskmandave]

OK.... Forgetting how easy this actually is (getting lazy perhaps?!)..... ;-)

 

I've done the POC.... Would anyone like to see ?

[orfoster]

I've sent you a PM. Hope that helps.

[diskmandave]

And replied, thank you...

[diskmandave]

Replied twice now, both in my sent box...

[diskmandave]

Ok..... Have ammended MCOL to SAV Credit Limited..

 

Address is the same as Progressive, but website shows it as aqua's Registered Address...

 

http://www.savcredit.co.uk/

[diskmandave]

Want to get this submitted on Saturday, no point in peeing around

now I've had their refusal rather than an ignore...

[orfoster]

Don't know whats up, been in my general settings and all of my PM seems to be turned on....is yours? Either way still not coming through.

[diskmandave]

OK... Thanks orfoster, it's not private anyway, I'll post them at some point...

 

PM reply basically said thanks for your statement of claim that you sent me, and that

the particulars of claim POC that I've come up with are this.......

 

The Claimant claims that aqua credit card

(SAV Credit Limited) has applied over

the duration of a credit agreement, unlawful

penalty charges amounting to £184.00. The

interest rate for this account is 39.95% and

the Claimant claims interest from the date of

charges at that rate. Some of the charges go

beyond six years, however, the Claimant

claims that these were payments made under

mistake, Kleinwort Benosn -v- Lincoln City

Council (payments made under a mistake) and

seeks full recovery regardless. The Claimant

first approached the Defendant on 27th July

2013 with an initial approach for repayment,

this approach was rejected, and the Claimant

then served the Defendant with a Letter

Before Action on 11th October 2013, the

response received on 30th October being

almost identical to the initial approach and

refusal leaves little option but to take the

Court route. The Claimant claims the full

amount of Penalty Charges to be repaid, plus

interest at the account rate, and all costs

at the County Court rate applicable.

 

Thanks again mate...

Edited October 30, 2013 by diskmandave