Cornucopia V Goldfish

[Cornucopia]

Hi all,

 

I need to take a break from my gargantuan MBNA thread to do something rather more simple!

 

Have had the friendliest response to my SAR request to Goldfish.

 

All statements arrived this morning, along with a total breakdown of amounts charged to my account in the last six years. This came to £653.00. Also, without me asking, they have offered a refund of £233.00 in full and final. This is made up of the difference between charged amounts and the OFT's recommendation of £12.00 per charge.

 

Obviously I will be accepting this but pursuing for the rest.

 

I need to work out contractual interest. On my statement, it shows me the percentage they charge each month. Do I times this by 12 for my annual rate?

 

I do like to ask stupid questions............

[chorlton1]

C,

which spreadsheet are you using? I will tell you which formula to change to what

C

 

(and let me know what the monthly rate is so I can work it out for you!)

[Cornucopia]

C,

which spreadsheet are you using? I will tell you which formula to change to what

C

 

(and let me know what the monthly rate is so I can work it out for you!)

 

Morning Chorlton! I didn't expect to see you over here hun, thanks for replying!

 

I am at work at the moment so will sort it out when I get home. Thanks for your offer of help - very much appreciated! x:D

[Cornucopia]

Morning Chorlton! I didn't expect to see you over here hun, thanks for replying!

 

I am at work at the moment so will sort it out when I get home. Thanks for your offer of help - very much appreciated! x:D

 

C, am v. stressed, had a RUBBISH day at work, actually given that I have had a few glasses, I might expand. I have worked for the same company in the City for nearly 20 years (obv have worked way up etc) but then didn't like it when I had my daughter and I decided to leave. Holly is now 8 and a bit. Then then asked me to come back on my terms and offered me a very good salary. Anyway, 7.5 years down the line, I have asked them to give me a cost of living increase for each year as I was left out of the pay increases "as I only work part time". I asked for 3.50 per hour on top of my pay, which would equate to a 2% Per year increase. They gave me 30 p. Er, yes, 30p. Am v. hacked off and waiting for a decision from the partners . Will somebody please tell me that my life will get better eventually???

 

I know you will C, can I give you GF info tomorow when I am off? Thanks hun! xx

[Cornucopia]

C, am v. stressed, had a RUBBISH day at work, actually given that I have had a few glasses, I might expand. I have worked for the same company in the City for nearly 20 years (obv have worked way up etc) but then didn't like it when I had my daughter and I decided to leave. Holly is now 8 and a bit. Then then asked me to come back on my terms and offered me a very good salary. Anyway, 7.5 years down the line, I have asked them to give me a cost of living increase for each year as I was left out of the pay increases "as I only work part time". I asked for 3.50 per hour on top of my pay, which would equate to a 2% Per year increase. They gave me 30 p. Er, yes, 30p. Am v. hacked off and waiting for a decision from the partners . Will somebody please tell me that my life will get better eventually???

 

I know you will C, can I give you GF info tomorow when I am off? Thanks hun! xx

 

Chorlt, are you still alive hun???!! Not like you not to respond to a whingeing post!!

 

I am so sorry, I abandoned Goldfish for a bit but intend to get my prelim in this week, is it still OK for me to ask you to sort out my rate, I think I know how to do it but could you double check before I make an ass of myself? Thanks hun, hope all Ok with you xxxx

[jmg666]

I too received an offer from Goldish for the difference between what they'd actually charged me and the OFT recommended £12 that they're now conveniently using. I'd imagined that this would run the full course (as with previous claims) and that I'd use the 8% spreadsheet, but does this only apply to the banks and should I be using something different for Goldfish? Any assistance gratefully received. Thanks in advance.

[grundon]

Hi Cornucopia

 

Good luck - I'm about to start on Goldfish now and will follow your thread with interest

 

Just wanted to check the address you sent your SAR to? My Goldfish account moved to Morgan Stanley but the DPP Register still lists Goldfish under Lloyds TSB?

 

Help much appreciated!

G

[Cornucopia]

Hi Cornucopia

 

Good luck - I'm about to start on Goldfish now and will follow your thread with interest

 

Just wanted to check the address you sent your SAR to? My Goldfish account moved to Morgan Stanley but the DPP Register still lists Goldfish under Lloyds TSB?

 

Help much appreciated!

G

 

Hi Grundon,

 

Good luck with your claim! They were pretty good actually, sent all the statements and a spreadsheet listing all the charges. They then offered the difference between the charge and the £12.00 maximum limit we expect the OFT to set this month. They will probably do the same with you. I suggest you accept this amount, as I will, but pursue for the rest.

 

I received the response to my SAR from :

 

Goldfish

PO Box 3598

Glasgow

G68 9YG

 

Therefore, I suggest you send it there!

 

Keep in touch!

[jmg666]

Interested to read this - good luck with your claim. I received the same kind of offer from Goldfish with the parcel of statements, and have written back to them yesterday accepting the offer as a partial settlement but reserving the right to pursue a claim for the rest. Is there another spreadsheet apart from the 8% auto-calc one that applies to the banks to use for credit card claims?

[Cornucopia]

Interested to read this - good luck with your claim. I received the same kind of offer from Goldfish with the parcel of statements, and have written back to them yesterday accepting the offer as a partial settlement but reserving the right to pursue a claim for the rest. Is there another spreadsheet apart from the 8% auto-calc one that applies to the banks to use for credit card claims?

 

Hello jmg, thank you for your good wishes!

 

If you are going for contractual, I would suggest using the advanced excel spreadsheet in Vamp's chambers and changing to the appropriate rate, it will calculate for you.

 

You will find your contractual rate by looking on your statement to find the monthly amount, say 1.7% for example and multiplying by 12.

 

Hope this helps and good luck with yours too!

[jmg666]

Thanks for the heads-up on the advanced spreadsheet, will dig that out. Find myself in a minor quandary here - had a letter from Goldfish yesterday offering the full amount (but no interest) but there were 5 conditions attached to the offer:

1. this offer is accepted in full and final settlement of your Claim and the subject matter (including any future claim against Morgan Stanley in relation to default charges applied in accordance with the Terms and Conditions) costs and expenses (Morgan Stanley Bank International Limited, its trading names and any of its affiliates)

2. to withdraw in writing any Court proceedings you may have issued within two days of accepting this offer informing the Court that you have reached a settlement with us and that you wish to withdraw, in its entirety, the claim you have brought

3. at the same time, you will send a copy of the above letter to the Court to us (attention Senior Counsel (CBGI), Law Division, 25 Cabot Square, Canary Wharf, London, E14 4QA)

4. you acknowledge that failure to write to the Court and us as described above will not invalidate this agreement but may mean that the settlement amount is not paid to you until the condition is met; and

5. the detail and terms of this offer together with any prior discussions or correspondence relating to your claim will remain confidential between yourself and Goldfish (acting for an on behalf of itself and as agent for any of its affiliates) and any breach of this confidentiality by you will result in the settlement amount becoming returnable to us on demand and without reduction or set-off

 

Sorry to quote in full, but it concerns me for a number of reasons.

1. I don't know which other credit cards, storecards, whatever are owned by Morgan Stanley, and I feel that the first point, if agreed to, would indemnify them against any other claim I might have for another card and they could then refuse to settle

2. as I no longer have an account with Goldfish I don't intend to seek any futher settlement from them and could do without the both of the MCOL thing, extra time, expense, blah blah - I'd quite happily settle for the money and leave it at that

3.clearly the last point is intended to prevent me from making any reference to the claim in this forum, so I've possibly already screwed myself on that one.

 

I'd be interested to know if anyone thinks it's possible to just write back to them and say yes, I'll accept the settlement, but I give no such undertakings (or in my case, I have no further claims on Goldfish but might have against Morgan Stanley).

 

Confused, I am. Any thoughts, suggestions appreciated.

[Cornucopia]

Thanks for the heads-up on the advanced spreadsheet, will dig that out. Find myself in a minor quandary here - had a letter from Goldfish yesterday offering the full amount (but no interest) but there were 5 conditions attached to the offer:

1. this offer is accepted in full and final settlement of your Claim and the subject matter (including any future claim against Morgan Stanley in relation to default charges applied in accordance with the Terms and Conditions) costs and expenses (Morgan Stanley Bank International Limited, its trading names and any of its affiliates)

2. to withdraw in writing any Court proceedings you may have issued within two days of accepting this offer informing the Court that you have reached a settlement with us and that you wish to withdraw, in its entirety, the claim you have brought

3. at the same time, you will send a copy of the above letter to the Court to us (attention Senior Counsel (CBGI), Law Division, 25 Cabot Square, Canary Wharf, London, E14 4QA)

4. you acknowledge that failure to write to the Court and us as described above will not invalidate this agreement but may mean that the settlement amount is not paid to you until the condition is met; and

5. the detail and terms of this offer together with any prior discussions or correspondence relating to your claim will remain confidential between yourself and Goldfish (acting for an on behalf of itself and as agent for any of its affiliates) and any breach of this confidentiality by you will result in the settlement amount becoming returnable to us on demand and without reduction or set-off

 

Sorry to quote in full, but it concerns me for a number of reasons.

1. I don't know which other credit cards, storecards, whatever are owned by Morgan Stanley, and I feel that the first point, if agreed to, would indemnify them against any other claim I might have for another card and they could then refuse to settle

2. as I no longer have an account with Goldfish I don't intend to seek any futher settlement from them and could do without the both of the MCOL thing, extra time, expense, blah blah - I'd quite happily settle for the money and leave it at that

3.clearly the last point is intended to prevent me from making any reference to the claim in this forum, so I've possibly already screwed myself on that one.

 

I'd be interested to know if anyone thinks it's possible to just write back to them and say yes, I'll accept the settlement, but I give no such undertakings (or in my case, I have no further claims on Goldfish but might have against Morgan Stanley).

 

Confused, I am. Any thoughts, suggestions appreciated.

 

Hi JMG, what a bleeping cheek!!! The banks were doing this when the charges issue first arose, offering settlement but imposing conditions such as confidentiality etc. On this site, a lot a people just disappeared and we never knew what happened to their claim, I suspect this is the reason why.

 

As far as I am concerned, you are well within your rights to accept settlement but make it absolutely clear that you will not accept the associated conditions. Obviously you would give your undertaking to halt your legal proceedings, this is the only course of action you could take at that juncture, however, asking you to keep quiet and this that and the other - I DON'T THINK SO!!!!

 

On the other hand, it is entirely up to you if you want to press ahead and get your interest payment aswell - I know what I would do!

 

Keep me posted, this is very interesting!!!

[jmg666]

Hi Cornucopia, thanks for that. I suspect you're right - reading between the lines of millymoolymoo's last post I guess that's the story there too. My feeling is that I'll tell them they've got a deal but I'm not accepting the conditions, and if they don't like it they can see me in court. I think I had about 3 offers from Halifax before they coughed up, so I'm not bothered if this takes a little longer, although it would be good to get it sorted quickly if possible. I'll keep you posted.

[Cornucopia]

Hi Cornucopia, thanks for that. I suspect you're right - reading between the lines of millymoolymoo's last post I guess that's the story there too. My feeling is that I'll tell them they've got a deal but I'm not accepting the conditions, and if they don't like it they can see me in court. I think I had about 3 offers from Halifax before they coughed up, so I'm not bothered if this takes a little longer, although it would be good to get it sorted quickly if possible. I'll keep you posted.

 

Well, as jmg above, I have had the same letter from Goldfish with the same conditions, not only that "Without Prejudice Save as to Costs". They are trying to tell me that as my payments are used to pay charges first, I don't incur any interest on them, therefore they are not liable to pay me interest!

 

I think I might ask them to prove that!

 

As the interest is nearly £400, I don't think I will be accepting this offer, well I guess I will accept it as part payment but if they don't cough on the interest, I am going to file on MCOL.

 

Anybody else had this with Goldfish and ended up actually being paid the interest element of the claim?!

[Cornucopia]

Well, as jmg above, I have had the same letter from Goldfish with the same conditions, not only that "Without Prejudice Save as to Costs". They are trying to tell me that as my payments are used to pay charges first, I don't incur any interest on them, therefore they are not liable to pay me interest!

 

I think I might ask them to prove that!

 

As the interest is nearly £400, I don't think I will be accepting this offer, well I guess I will accept it as part payment but if they don't cough on the interest, I am going to file on MCOL.

 

Anybody else had this with Goldfish and ended up actually being paid the interest element of the claim?!

 

Well I thought it was time I updated my thread, had some hilarity with Goldfish today! I put in a CCA request for a true copy of my executed agreement. What I actually received was a document assembled via constructive conjecture. It has actually got my current address on it, current rates, current charges and is dated 17 April 2007. Obviously this cannot be a true copy of my executed agreement from 1992.

 

However, today as I wondered if somebody had died behind my front door as I couldn't actually get in it...............I finally broke through and found :

 

61 (YES SIXTY ONE) separate copies of the same "agreement" all in separate envelopes and all dated 23 April 2007.

 

Good GOD, what a waste of a rainforest!

 

Anybody else had the reconstruction thing with agreements?

[birchave0]

yes me!!!!:o

I asked for a copy of the original CCA and received a brand new credit agreement dated 8 March 2007, I've had my goldfish card since 2001. There is no mention of the PPI I paid (I cancelled it last summer) so I obviously didn't agree to it! I rang and asked again and all they've done is send yet another copy of this new agreement! Help! Do I ring them again and tell them they are in default and ask for all of my PPI money back?!!!!

[grundon]

Hi Cornucopia, can I ask where you are with your claim (have you filed with MCOL yet?)

 

I had exactly the same letter as JMG and yourself (offering to pay all charges but not interest and attaching the conditions). They also gave me until the 17th May to accept (or not). I'm going to file my claim on Monday and wondered how you were getting on.

 

G

[Cornucopia]

yes me!!!!:o

I asked for a copy of the original CCA and received a brand new credit agreement dated 8 March 2007, I've had my goldfish card since 2001. There is no mention of the PPI I paid (I cancelled it last summer) so I obviously didn't agree to it! I rang and asked again and all they've done is send yet another copy of this new agreement! Help! Do I ring them again and tell them they are in default and ask for all of my PPI money back?!!!!

 

Hi Birchave, I have got to tell you that I have not a clue what to do now - since my post above, I have had a further...........wait for it...........THREE HUNDRED AND SEVENTY EIGHT copies of the "agreement", all currently dated and all sequentially numbered. I am wading in their "The Facts" leaflets!! I have written two very strongly worded letters about this but have yet to receive a response!!

 

I also was charged PPI and I didn't notice until a couple of years into the account. I challenged it at the time (this was around 1994) and I recall them sending me a copy of the application form with the PPI box ticked in different coloured pen!! LOL! Unfortunately, this was when I was young and naive and there was no CAG to support me so I didn't think I could pursue it. They then cancelled the PPI.

 

I suggest you SAR them (and go for a full SAR), can I suggest you PM my friend Battleaxe, she has a fantastic SAR letter that goes above and beyond and tell her I sent you, I am sure she won't mind!!! This will hopefully reveal your PPI stuff.

 

If anybody can help with my predicament, I would be grateful!!!!

 

I hope this helps, keep in touch!

 

Regards,

 

Corn x:)

[Cornucopia]

Hi Cornucopia, can I ask where you are with your claim (have you filed with MCOL yet?)

 

I had exactly the same letter as JMG and yourself (offering to pay all charges but not interest and attaching the conditions). They also gave me until the 17th May to accept (or not). I'm going to file my claim on Monday and wondered how you were getting on.

 

G

 

Hi Grundon, I was offered the full amount plus 8%!!! How ODD!! I took it because events re : the agreement, have overtaken me and I wanted to get that out of the way. I have to concentrate on enforceability now. I was going to pursue CI but the reasons already stated, I decided not to.

 

Go for it though! Let me know if I can help in any way.

 

Good luck and keep me posted!

 

Regards,

 

Corn x:)

[ladybird17]

Ha, ha Corn - I've just gone back and read your opening post on this thread - bet you would now like to eat the words of your first sentence!

[Cornucopia]

Ha, ha Corn - I've just gone back and read your opening post on this thread - bet you would now like to eat the words of your first sentence!

 

 

LMAO Bird - you're not kidding hun!

 

I can see you're still on theme though (see bold!) :D

[ladybird17]

trust you to notice that!!

 

did you see about my egg card?

[Cornucopia]

trust you to notice that!!

 

did you see about my egg card?

 

You just can't stop yourself................

 

No! Send me a link!!! x

[birchave0]

Hi Birchave, I have got to tell you that I have not a clue what to do now - since my post above, I have had a further...........wait for it...........THREE HUNDRED AND SEVENTY EIGHT copies of the "agreement", all currently dated and all sequentially numbered. I am wading in their "The Facts" leaflets!! I have written two very strongly worded letters about this but have yet to receive a response!!

 

I also was charged PPI and I didn't notice until a couple of years into the account. I challenged it at the time (this was around 1994) and I recall them sending me a copy of the application form with the PPI box ticked in different coloured pen!! LOL! Unfortunately, this was when I was young and naive and there was no CAG to support me so I didn't think I could pursue it. They then cancelled the PPI.

 

I suggest you S.A.R - (Subject Access Request) them (and go for a full S.A.R - (Subject Access Request)), can I suggest you PM my friend Battleaxe, she has a fantastic SAR letter that goes above and beyond and tell her I sent you, I am sure she won't mind!!! This will hopefully reveal your PPI stuff.

 

If anybody can help with my predicament, I would be grateful!!!!

 

I hope this helps, keep in touch!

 

Regards,

 

Corn x:)

 

Hi Corn, well I rang them this afternoon, very nerous guy who tried to convince me that this is my credit agreement! I told him I wanted a copy of the original, not a newly concocted one, it has no signature, no credit limit, and no mention of the PPI. He attempted to convince me that this is legal, I'm not convinced! He told me if I'm not happy to write in and complain. I have already done the SAR, just recived the statements and nothing else, maybe I should work my way through the statements and see how much PPI I have paid. If I never agreed to it maybe I can have it back?!!! Apparently they don't have the original so how can they prove otherwise? I'm sure that Goldfish was owned by Lloyds at one time, I think they sold it and that's why all this paperwork is missing:roll: !!!

why don't you sick all those useless CCA's in a box and send it back to Goldfish, minus the stamps!!! They are no bl**dy use to anyone are they??

Thanks for the advice/support

Birchave:)

[birchave0]

Hi Corn, any more copies of you "original agreement" turned up? I PM'd Zu and he is going to try and sort out a "where do we go from here" letter!!!

Let me know how you get on

Birchave:)