Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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  1. #1
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    Exclamation Help wanted Marbles.com

    Hi all

    i am after some help and advice

    have been on payment plan for a number of years with marbles (intrest froze/overlimit fee not charged )

    had letter back in March 05 agree to 0% on what i owed aledgedly £439 arrears
    was under impresion this would be on top of overal balance as i belive card was maxed out due to late payment charges overlimit fees etc.

    This would make £1239 aprox and looking at an old statment from June 05 the amount outstading is £1201.82 no intrest being charged

    however i moved home in Aug 2005 told Mables new address and paid via standing order as usual no statments arrived for approx 12 months
    dispite repeated phone callsicon to no avail then all of a suden amount owed went up this was noticed 2007

    first someone did remove some of fees however not all of them
    now i look at a 2008 statment figure owed incresed to £1366.08
    most recent statment to hand shows i still owe £1296.08 this is feb 2009

    i have paid them over £600 since 2005 and it has not gone down belive

    should owe no more than £639 and this is being genoros as some of the orig amount includes overlimit fees and late fees

    have spoke to marbles alegedly investigating
    but i doubt will get very far as they even lost last month payment
    paid over phone

    they want me to redo finance statment

    this arrived last week

    please help

    i actualy belive they might even owe me monies
    as was told a number of accounts were incresed
    but no one from new comany knows why

    they also only have statments since take over

    please help

    should i put this down in writing

    and dispute any help gratefully received


  2. #2
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    Default Re: Help wanted Marbles.com

    First thing is do not signicon a new agreement because the existing one is probably not enforceable.

    Next you need to send off for a copy of your agreement and you will find info on this site.

    Someone will be along with advice soon but saturday night may not be a good time. If you get no replies tomorrow submit another post asking for help and it will move your thread up again.

    Pedross


  3. #3
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    Talking Re: Help wanted Marbles.com

    Hi all further to orig post

    i have had a statment arrive today with intrest charges and not showing payment made last month..

    Let me explain the whole story

    I had Marbles Account with credit limit of £800 and when I was getting less work than normal 1-2days per two weeks as oposed to 5 days per week
    i went to see CCCS this was december 04 and they drew up list of all creditors owed this included a figure of £1147 to Marbles(hfc)
    this includes unfair overlimit fees,Late fees, interesticon etc.

    i started making sure they were always getting paid every month

    in the march of the following year 05 had letter stating as i was paying 1/2 contractal payment
    they would be happy to except this no charges intrest frozen and at 0% until paid off.

    however moved in summer 2005 had royal mail redirection until gave Marbles new address
    had long period when only odd statments arrived
    continued paying via standing order again

    contacted them to explain situation about statments not arriving then when i had another statment notice figure had increased dramaticly
    and had not continued to go down

    continued ringing them explaining what was happening told would be investigated at one point in 2008
    one months statment had charges removed and credited however belive only one months worth

    kept being told it would be investigated.

    Moved again 2008 and

    in may 09 at new address after Marbles was sold to SAV(HBOSicon) to stop paying by standing order
    this was done and junes payment was few days late due to being away

    had phone callicon early july as no payment showing
    this was made via debit card
    showed up on account bank
    few days latter this payment was apparently lost via marbles

    obviosly given new Account number as take over from hfc(marbles)

    so now have new card number
    had a statment today wanting more of me
    no payment from july showing
    obviosly still lost amont
    owing has gone up again as last payment not showing and intrest now being charged

    had income and expenditure sheet sent to me last week
    so they could put on plan again
    but i have paid between £600 and £750 pounds since dec 04

    so there is no way this figure can be correct

    aledgely they are investigating account

    please help ASAP


  4. #4
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    Default Re: Help wanted Marbles.com

    Hi all I have a number of docs being posted up in next 1/2 hour or so any help gratfully recived


  5. #5
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    Exclamation Re: Help wanted Marbles.com

    hi so here goes in March 2005 had an agreement fixed to pay 12.50 by standing order everymonth to clear balance this fixed for life of balance at 0% balance included over 400 0f overlimit and intrest charges along with late fees.

    figure was going down until period of no statments attempted to finally resort out last year after going down this road manny times prievious with hfc to no avail. any way contacted fosicon who contacted marbles orig letter to me had complaint details incorrect put account into dispute wich they agreed to whilst investigating.

    you will see list of issues on letter dated 2nd oct 09
    started making £12.50 paYMENTS AGAIN FROM 28TH oCTOBER 09 STOPED AS OF DECEMBER 28TH AS NO MORE LETTERS REFERING TO COMPLAINT RECIVED AND IT HAD STALLED.
    http://i801.photobucket.com/albums/y...complaint1.jpg

    http://i801.photobucket.com/albums/y...complaint2.jpg

    THIS SHOWS RESPONSE TO COMPLAINT AFTER LOTS OF phone callsicon ETC WAS SURE IT WAS STILL BEING INVESTIGATED.

    http://i801.photobucket.com/albums/y...isspayment.jpg

    THIS PAYMENT SHOWS ON BANK CARD AS aQUA WHICH IS PAYMENT NAME WHICH HAS ALWAYS SHOWN WHEN PAYING THESE BY DEBIT CARD

    THIS IS WHAT WAS SENT AFTER PAYMENTS STOPED AGAIN AS NO ACTION ON COMPLAINT FIGURE NOT REDUCED ETC i NEED A LETTER TO SEND BACK TO THESE AS DISPUTE THANKS


  6. #6
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    Default Re: Help wanted Marbles.com

    Phew.. well one lesson you should have learned from this is NEVER to discuss your account on the telephone. Always, always in writing.

    Questions :

    Are you paying this via your bank and can you account for all payments you have made from your bank statements. If not, do you have receipts for each payment made.

    Do you still have your complaint in with the fosicon or have they given their decision ?

    Marbles should at the very least be able to provide statements from the time when they took over the account.

    It would seem to me that from 2005 until 2008 when you were not receiving statements, the balance increased even though you were keeping to the arrangment made with HFC. It is my understanding that the arrangement should have been honoured by Marbles, yet they say that new terms and conditionsicon were applied.. Can they do this ? I am not sure, I would say not.

    The missing payment.. was it ever found ?

    If this were me, I would be writing back saying something along the lines of:

    Dear Sir/ Madam

    Account Reference

    I am responding to your letter dated XX October 2009.

    I am concerned that since Marbles took ownership of this account an arrangement made between myself and the original creditor has not been honoured.

    I am also very concerned that since Marbles has taken ownership, the balance has increased substantially due to fees and interesticon, which I was under the impression had been frozen untill the balance had been repaid.

    You say that the terms and condtions of the account were changed when you took ownership of the account. Yet these were never provided to me. Was this change allowed for in the original agreement ?

    You say you are unable to provide statements for the previous 6 yearsicon in order for me to see how this increased balance has come about.

    It is my understanding that you are obliged to keep this information and would almost certainly be required to prove the balance claimed should this go to litigation.

    I have requested that you refund all penalty charges that have been applied to this account since 2005. Your letter conveniently avoided commenting on this part of my complaint other than to say you are unable to locate statements that would enable to put in a claim.

    I am of the opinion that there is little point in my continuing to make reduced payments in order to see the balance increase.

    I look foward to receiving a more favourable response from you within the next 14 days. Should this not be forthcoming, I will be making an official complaint to the Financial Ombudsman.

    Yours etc




    You may wish to wait for other comments.

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read
    BCOBS

    When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.


    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE

  7. #7
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    Default Re: Help wanted Marbles.com

    I was paying directly via standing order except missing payment they phoned me paid over phone.

    this showed on bank statment

    the other thing the 12.50 fixed letter also states £439.00 arrears and £105 late fess if remember corectly have missplaced that orig letter its around somewhere.

    the thing i was wondering is had marbles got this figure wrong in first place as my limit was £800 so as june o5 is a lot more not sure if this figure is 800 credit limit and 439 worth of charges am sending above letter to them this week


  8. #8
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    Exclamation Re: Help wanted Marbles.com

    ok here is a further update help and advice please sent letter to marbles in response to letter of 29th oct and missing payment letter about why the amount I owed them had increased dramaticly.

    I reckon I owe them about £200 max if all info i have is correct 0% payment plan agreed march 2005 I paid £12.50 from apr 2005-may 2009 by standing order only stoped this as asked to change account being paid into after HBOSicon took over Marbles Oct 2009 as account in dispute resumed end of november

    I stoped again as no progress with missing payment or what had happened durring time of no statments.

    the reply letters are all on the next few posts



    this arrived on thursday lastweek.






  9. #9
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    Default Re: Help wanted Marbles.com

    reply arrived last friday.




  10. #10
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    Exclamation Re: Help wanted Marbles.com




  11. #11
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    Exclamation Re: Help wanted Marbles.com

    I then found the orig letter I recived in march 2005 this is the one which states 0% intrest and amount I was paying was £12.50 which I penciled in on letter have paid a total of £650 back to them .




  12. #12
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    Exclamation Re: Help wanted Marbles.com

    I then got latest statment asking for £37.50 this being december/jan/febs payment show on statment as you can see normal amount on statment as shown in december statment also included.




  13. #13
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    Default Re: Help wanted Marbles.com




  14. #14
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    Exclamation Re: Help wanted Marbles.com

    I then get the following. which also arrived last week.




  15. #15
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    Exclamation Re: Help wanted Marbles.com

    and then this week I get this letter also have discoved card was taken out according to CRA file on 26/11/99 started with £250 limit settled 13/5/01 limit incresed to £800 settled 13/05/01 and then showing at £806 as a balance as of 16.05.03 still £800 limit just need to now what to do next




  16. #16
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    Exclamation Re: Help wanted Marbles.com

    and lastly got this yesterday. any help please....






  17. #17
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    Default Re: Help wanted Marbles.com

    Erm, this seems to be a bit of a mess, gaza.

    If I understand correctly, this account was originally with HFC/Beneficial. was it a loan or credit card ?

    At some point you entered into an arrangement whereby you paid half the contractural payment and they froze interesticon and charges. You maintained payments by standing order ?

    It was then taken over by Marbles.

    When they took it over, they started to reapply the interest and charges and it now looks as though the account has doubled if not more from the amount they took over ?

    Do you know how this was transferred to Marbles and on what date.

    Was it by Notice of Assignment, or a just a takeover.

    Were you informed that this was happening and do you have the balance that was transferred to Marbles.

    If you can provide the information above, perhaps we can make a little more sense of what is happening.

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read
    BCOBS

    When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.


    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE

  18. #18
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    Default Re: Help wanted Marbles.com

    bump


  19. #19
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    Exclamation Re: Help wanted Marbles.com

    hi recived the following this morning any help please
    mables latest.jpg


  20. #20
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    Default Re: Help wanted Marbles.com

    gaza, can you make it a bit larger please

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read
    BCOBS

    When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.


    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE


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