Claire vs Marbles

claire x · 22nd June 2006, 17:50

OK - I went overdrawn on a Marbles Credit Card 2 years ago. I went over my limit and they kept charging me. I explained that I was out of work but to no avail. The charges kept coming and mounting up and up. I tried to contact them by writing to them but they said they never got the letter. I also explained to them by telephone that I had no way of paying but they offered no help or advice. Just that I should find the funds. Eventually they referred it to a debt collecting agency and then when I found work I started to pay £20 a month. Once I was in a position to pay, I settled the whole amount outstanding in full.

Just found out that I will need to write a letter to data protection to get info on the charges I made. Will I need my account details and what is there address? Dont think I'll have any account info though??? Thanks for any help you can give guys! My credit score is terrible! And all for something that I couldnt help and Marbles wouldn't help me get out of!

claire x · 22nd June 2006, 17:52

Also I agreed on a settlement figure. Will this go against me claiming anything back due to me agreeing to pay a lower amount in full? Even though it was probably made up of charges.

The amount I ended up paying was definitely mostly charges.

claire x · 22nd June 2006, 21:40

OK, now I've had time to read through after work I'm happier. Got my letter drafted to get the info and will be sending it recorded delivery tomorrow!
Wish me luck!

bradkb · 23rd June 2006, 07:53

Best of luck Claire, go get 'em....

claire x · 23rd June 2006, 11:34

Hi Bradkb,

Did you default on your marbles card? To be honest I'm more bothered about getting my name cleared than getting any money back (although that would be nice of course!

)

Letter sent recorded delivery this morning

bradkb · 23rd June 2006, 12:24

No, surprisingly Marbles did not default me, Egg did after missing 2 payments, marbles were fine, I kept in contact, they slapped me with charges, but never issued a default.

claire x · 23rd June 2006, 12:33

Maybe it's because I gave up calling them because I couldn't offer them any money and they knew that because I was out of work. Also their phone calls and correspondence stopped until I received a letter from the debt collectors...

Will this go against me do you think?

bradkb · 23rd June 2006, 13:53

Absolutely not, follow the steps, its YOUR money, always remember that. These are unenforceable penalties.... and you are entitled to them back. I am now going after EGG mainly to get my default removed.

claire x · 23rd June 2006, 16:21

Cool! I'm a bit of a chicken! I'll probably get scared when they start mentioning court.... BUT I WILL BE STRONG!!!

I'm also in the process of claiming tax back from 2003-2004. They had me on the BR tax code all year and stupid me didn't realise! Now I'm pushing to get a rebate. Hopefully it should be pretty good. And the only reason I noticed was when I was fishing through my paperwork to find an old marbles statement

Good luck with egg!

claire x · 27th June 2006, 12:29

I've just realised that I sent my letter without an account number. I called Marbles to get my account number and they wouldn't give it to me. They said I had to write to them to get this info. I put all address details relating to the account in my letter but are they going to fob me off because I didnt include the account number? And if I write to the address they gave me to get my account number, will they reply or am I going to go around in circles?

claire x · 4th July 2006, 14:21

Right, Data Protection Letter sent properly

on 30th June....

claire x · 30th August 2006, 12:58

Just got back off holiday. HFC had sent me my statements. But only half of them. Dont they have to send me them all from the very beginning? From the statements I have received, apart from one, they are all bank charges and late payment charges. Each time being a total of £40.

So because they havent sent me all the information, I take it I can report them?

claire x · 30th August 2006, 13:03

Also, they sent the information to my old address. Luckily I knew the person living at my old house and they brought the post around but I did clearly state in my original letter the address to send the information to

claire x · 30th August 2006, 13:28

OK I've had another read of the website (always forget where the info is!!) Just sent a Data Protection Act - Non-Compliance letter as they have exceeded the 40 day deadline. I've given them 7 days to send me ALL the info.... watch this space.....

claire x · 4th September 2006, 23:35

I have a feeling that I'm not going to get the rest of the info within this 7 days so I'm preparing the documents to send to the Data Protection Commissioner to complain that they havent complied. I will do this on the 7th day (Wednesday). As read in the FAQs section this may not be as effective as sending the particulars of claim letter to the courts. So I have prepared the particulars of claim - - hard copy version letter which I can send. However the main reason for me doing all this is to get my default removed (the refund in money is a bonus). The info I have been sent by HFC does show that apart from one transaction, over £500 over my limit is due to charges due to late payments and being over my limit. (Being over my limit is due to the charges (!!!)

Can I just add onto the particulars of claim about the default or should I just send the letter as it is and mention the default at a later date? Or can I add something in at this stage?

I'm getting a bit confused now as to how to move this forward and really dont want to get it wrong. Can anyone give me any words of wisdom please? I've read the step by step and the FAQs but I'm not 100%....

claire x · 26th July 2007, 14:22

When sending the prelim letter, does this apply about the interest or does this just relate to an account? I had a Marbles credit card.

What I require
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

birchave0 · 26th July 2007, 14:46

Quote:

Originally Posted by claire x

When sending the prelim letter, does this apply about the interest or does this just relate to an account? I had a Marbles credit card.

What I require
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

hi claire x
what stage are you at? Did you manage to get all of your statements from marbles? If so use one of the spreadsheets in the library to calculate how much you are owed. In your letter state your account number and what you are claiming back. ie your unlawful charges.
Put the total amount of charges, interest from the charges and overall interest, the spreadsheet should do this all for you.

James Ball is dealing with my claim/dispute with Marbles at the minute, if you would like his details let me know, good luck
birchave

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