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My husband has a cc with a and l which is done through mbna.I sent a letter just over a week ago basically saying give me money back or else blah blah blah. I have just received a reply but to be honest i haven't a clue what to do next!!

 

The letter

 

Thank you for contacting us.

 

It is my utmost intention to resolve this matter to your satisfaction and I would appreciate if you could telephone the Customer Advocate office, on 01244 672628 between 8am and 5pm, Monday to Friday.

 

We will ensure that you receive a full response by March 12, 2006. I have enclosed a copy of our internal complaints procedure leaflet for your information

 

 

My husband will be a nightmare if he has to call, he flaps and panics and it useless 'demanding' stuff! I tend to write down bullet points for him if I know how the conversation will go ont he phone.

 

Has anyone else had this letter? What should I tell my husband to say ont he phone?

 

I hope someone can help!!

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My husband has a cc with a and l which is done through mbna.I sent a letter just over a week ago basically saying give me money back or else blah blah blah. I have just received a reply but to be honest i haven't a clue what to do next!!

 

The letter

 

Thank you for contacting us.

 

It is my utmost intention to resolve this matter to your satisfaction and I would appreciate if you could telephone the Customer Advocate office, on 01244 672628 between 8am and 5pm, Monday to Friday.

 

We will ensure that you receive a full response by March 12, 2006. I have enclosed a copy of our internal complaints procedure leaflet for your information

 

 

My husband will be a nightmare if he has to call, he flaps and panics and it useless 'demanding' stuff! I tend to write down bullet points for him if I know how the conversation will go ont he phone.

 

Has anyone else had this letter? What should I tell my husband to say ont he phone?

 

I hope someone can help!!

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Do you know how much you are cliaming - is it all penalty charges and associated interest?

 

If so then seend the letter before action.

 

If not then send the DPA request

 

Don't phone.

 

Basically the rule is:

If they want you to write - phone

If they want you to phone - write

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Do you know how much you are cliaming - is it all penalty charges and associated interest?

 

If so then seend the letter before action.

 

If not then send the DPA request

 

Don't phone.

 

Basically the rule is:

If they want you to write - phone

If they want you to phone - write

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Also, record your telephone conversation. They might well be doing the same, and if they can pursuade you to cave in they'll have evidence of it if they've recorded the call.

 

At the beginning, warn them that "I just have to tell you this call IS being recorded for quality control purposes."

 

During the call, ask them direct questions such as "Can you explain to me what these charges are, and how you break down the £38?" (or whatever it is), "What reason do you have for disobeying the law as laid down in the unfair terms in consumer act 1999 which gives me the right to negotiate liquidated damages compensation?" - really push these sorts of questions, because the more YOU KEEP THEM on the defensive, the better you can control the conversation the better it will be.

 

Finally if not satisfied, don't get angry and shout or swear at them. Thank them for their efforts, but tell them that "I believe as you are not prepared to change your position, and I'm not prepared to change mine, and the banking ombudsman has no powers to force compliance with a decision in arbitration, I feel that the only way forward is to settle this matter through the courts."

 

Last time the NatWest spoke to me, they tried to assure me that the banking ombudsman and the financial ombudsman CAN make binding rulings, but this simply isn't true. The leaflet produced by the banking ombudsman specifies they are an arbitration service ONLY, and can't force the banks to comply, and the financial ombudsman specifically excludes banks and building societies - so don't be misled by the banks about the powers these two organisations have.

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Also, record your telephone conversation. They might well be doing the same, and if they can pursuade you to cave in they'll have evidence of it if they've recorded the call.

 

At the beginning, warn them that "I just have to tell you this call IS being recorded for quality control purposes."

 

During the call, ask them direct questions such as "Can you explain to me what these charges are, and how you break down the £38?" (or whatever it is), "What reason do you have for disobeying the law as laid down in the unfair terms in consumer act 1999 which gives me the right to negotiate liquidated damages compensation?" - really push these sorts of questions, because the more YOU KEEP THEM on the defensive, the better you can control the conversation the better it will be.

 

Finally if not satisfied, don't get angry and shout or swear at them. Thank them for their efforts, but tell them that "I believe as you are not prepared to change your position, and I'm not prepared to change mine, and the banking ombudsman has no powers to force compliance with a decision in arbitration, I feel that the only way forward is to settle this matter through the courts."

 

Last time the NatWest spoke to me, they tried to assure me that the banking ombudsman and the financial ombudsman CAN make binding rulings, but this simply isn't true. The leaflet produced by the banking ombudsman specifies they are an arbitration service ONLY, and can't force the banks to comply, and the financial ombudsman specifically excludes banks and building societies - so don't be misled by the banks about the powers these two organisations have.

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I disagree that you need to warn them about recording.

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I disagree that you need to warn them about recording.

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Thanks for the help. If possible i will speak to them on the phone on behalf of my husband if they let me, he will talk to them first to confirm it. Would this be allowed?

I am writing him a list of what to say to see if he feels ok doing it, if not i will either talk or write on his behalf.

 

They want to satisfy my husband (ooh er), the only way to do this would be 100% of charges reimbursed, if they say no should we just say, ok then, you aren't willing to budge so i will start court proceedings? Or do I ask them to negotiate?

 

I just don't understand the bit of the letter that says 'we will ensure you recieve a full response by march 12th', any ideas what this means? Does it mean if I don't do anything they will write to me again?

 

I am not sure how much I am charging yet as i asked for a statement in the first letter, they haven't mentioned this in the reply.

 

I am very baffled!

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Thanks for the help. If possible i will speak to them on the phone on behalf of my husband if they let me, he will talk to them first to confirm it. Would this be allowed?

I am writing him a list of what to say to see if he feels ok doing it, if not i will either talk or write on his behalf.

 

They want to satisfy my husband (ooh er), the only way to do this would be 100% of charges reimbursed, if they say no should we just say, ok then, you aren't willing to budge so i will start court proceedings? Or do I ask them to negotiate?

 

I just don't understand the bit of the letter that says 'we will ensure you recieve a full response by march 12th', any ideas what this means? Does it mean if I don't do anything they will write to me again?

 

I am not sure how much I am charging yet as i asked for a statement in the first letter, they haven't mentioned this in the reply.

 

I am very baffled!

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Thanks for the help. If possible i will speak to them on the phone on behalf of my husband if they let me, he will talk to them first to confirm it. Would this be allowed?

 

Absolutely.

 

I have the same thing at home with my husband. When we took his ex-employer to Employment Tribunal, I had to rehearse practically word for word so that he wouldn't get flustered when cross-examined, and in fact, I kept on muttering "slow down" while he was talking, as he would otherwise accelerate and start stuttering and lose his thread.

 

All you have to do if you want to call them is get your husband to do through the verification procedure, then to say "there's my wife, she'll be talking to you, as i have to (go to work, make the tea, whatever, he doesn't actuallly have to give a reason) and that's it!

Think about it, if you were his lawyer, accountant, or legal guardian for that matter, you'd be talking on his behalf all the time... As long as they know he has given you permission, they can't refuse to talk to you.

 

Go for it, sister :wink:

 

xxx

ML

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Thanks for the help. If possible i will speak to them on the phone on behalf of my husband if they let me, he will talk to them first to confirm it. Would this be allowed?

 

Absolutely.

 

I have the same thing at home with my husband. When we took his ex-employer to Employment Tribunal, I had to rehearse practically word for word so that he wouldn't get flustered when cross-examined, and in fact, I kept on muttering "slow down" while he was talking, as he would otherwise accelerate and start stuttering and lose his thread.

 

All you have to do if you want to call them is get your husband to do through the verification procedure, then to say "there's my wife, she'll be talking to you, as i have to (go to work, make the tea, whatever, he doesn't actuallly have to give a reason) and that's it!

Think about it, if you were his lawyer, accountant, or legal guardian for that matter, you'd be talking on his behalf all the time... As long as they know he has given you permission, they can't refuse to talk to you.

 

Go for it, sister :wink:

 

xxx

ML

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Well, my husband spoke to them and then they called back later and i was able to talk to the bloke. Basically he said that they are going to get all the details of charges printed off and sent to the assessment team who will then decide what to do next, we will hear an answer by March 12th. I said if they decide not to pay my money back then send me the list of charges so that can work out the 8% interest and make a claim through the courts. He said they will do that.

 

Just a case of sitting tight now isn't it? What are the chances of full money back before I have to start proceedings?

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Well, my husband spoke to them and then they called back later and i was able to talk to the bloke. Basically he said that they are going to get all the details of charges printed off and sent to the assessment team who will then decide what to do next, we will hear an answer by March 12th. I said if they decide not to pay my money back then send me the list of charges so that can work out the 8% interest and make a claim through the courts. He said they will do that.

 

Just a case of sitting tight now isn't it? What are the chances of full money back before I have to start proceedings?

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Well, my husband spoke to them and then they called back later and i was able to talk to the bloke. Basically he said that they are going to get all the details of charges printed off and sent to the assessment team who will then decide what to do next, we will hear an answer by March 12th. I said if they decide not to pay my money back then send me the list of charges so that can work out the 8% interest and make a claim through the courts. He said they will do that.

 

Just a case of sitting tight now isn't it? What are the chances of full money back before I have to start proceedings?

 

I think they're just using delaying tactics. The "assessment team" will have access to a computer, so there's no need for the 1st lot to print them out and send them on, is there?

By the 12th, they'll more or less tell you to sod off, then you'll have to make the request under the DPA, which will give them ANOTHER 40 days to comply...

Since they're talking on the phone, I would phone them back and say that you want those copies now. After all, if they have printed 1 set, a second won't take long, now, will it? If they're funny about it, then send them the DPA request asap. And in fact, I would be tempted to send in the DPA request in writing now jst in case they say yes on the phone, but then don't send them. Well, that's what I would do anyway.

Oh, and just in case, also send in a letter from your husband giving permission for you to talk to them about the account, this way, he doesn't need to be there every time you want to talk to them.

 

xxx

ML

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Well, my husband spoke to them and then they called back later and i was able to talk to the bloke. Basically he said that they are going to get all the details of charges printed off and sent to the assessment team who will then decide what to do next, we will hear an answer by March 12th. I said if they decide not to pay my money back then send me the list of charges so that can work out the 8% interest and make a claim through the courts. He said they will do that.

 

Just a case of sitting tight now isn't it? What are the chances of full money back before I have to start proceedings?

 

I think they're just using delaying tactics. The "assessment team" will have access to a computer, so there's no need for the 1st lot to print them out and send them on, is there?

By the 12th, they'll more or less tell you to sod off, then you'll have to make the request under the DPA, which will give them ANOTHER 40 days to comply...

Since they're talking on the phone, I would phone them back and say that you want those copies now. After all, if they have printed 1 set, a second won't take long, now, will it? If they're funny about it, then send them the DPA request asap. And in fact, I would be tempted to send in the DPA request in writing now jst in case they say yes on the phone, but then don't send them. Well, that's what I would do anyway.

Oh, and just in case, also send in a letter from your husband giving permission for you to talk to them about the account, this way, he doesn't need to be there every time you want to talk to them.

 

xxx

ML

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Yes, send the DPA request now - just in case. It won't do any harm to have a head start.

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Yes, send the DPA request now - just in case. It won't do any harm to have a head start.

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I did send dpa request with the first letter, i did remind him of this on the phone. I presume the DPA is 40 days for info under data protection act? I am counting down the days already!! When I said printed off i think I meant sorted out! I was actually thinking of 2 things at once and typed the wrong thing. I am sure he said sorted out not printed off.

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I did send dpa request with the first letter, i did remind him of this on the phone. I presume the DPA is 40 days for info under data protection act? I am counting down the days already!! When I said printed off i think I meant sorted out! I was actually thinking of 2 things at once and typed the wrong thing. I am sure he said sorted out not printed off.

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i have just called them back (apparently I am an authorised user) to tell them I wanted a list of charges.

 

ME Good morning, I was speaking to a man called *** yesterday is it possible to talk to him again

HER I am sorry, there is nobody in this dept with that name, your account is being dealt with by our assessment team

ME Oh, I got told the details were to be sent to the assessment team,

HER is there anything i can help you with?

ME as you are sorting through my details anyway, can you send me a list of charges for the last 6 years.

HER Mrs ****** we can send you copies of for the last 12 months at £2.50 each.

ME As far as I am aware you must send me a copy of 6 years of charges within 40 days,

HER we can send you a list mrs ****** but for 12 months. There will be a charge

ME YEs I know there will be a charge, a maximum of £10 Under the data protection act you must send them within 40 days

HER you must send a letter in requesting them

ME I did last week

HER The man who you spoke to yesterday will be in shortly, I will get him to call you as i am not sure what has been advised!

 

So got nowhere fast, but if he hasn't called by 10 i will call again. Am I best to call them often or leave it to them to call me?

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i have just called them back (apparently I am an authorised user) to tell them I wanted a list of charges.

 

ME Good morning, I was speaking to a man called *** yesterday is it possible to talk to him again

HER I am sorry, there is nobody in this dept with that name, your account is being dealt with by our assessment team

ME Oh, I got told the details were to be sent to the assessment team,

HER is there anything i can help you with?

ME as you are sorting through my details anyway, can you send me a list of charges for the last 6 years.

HER Mrs ****** we can send you copies of for the last 12 months at £2.50 each.

ME As far as I am aware you must send me a copy of 6 years of charges within 40 days,

HER we can send you a list mrs ****** but for 12 months. There will be a charge

ME YEs I know there will be a charge, a maximum of £10 Under the data protection act you must send them within 40 days

HER you must send a letter in requesting them

ME I did last week

HER The man who you spoke to yesterday will be in shortly, I will get him to call you as i am not sure what has been advised!

 

So got nowhere fast, but if he hasn't called by 10 i will call again. Am I best to call them often or leave it to them to call me?

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Call them often. Get names each time.

Get to speak to managers.

never accept a promis to call you back. If you do then you have relinquished control

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