Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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Thread: neil v MBNA

  1. #1
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    ntomlinson8873 Novitiate

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    Default neil v MBNA

    Here we go.....

    SARicon sent off to MBNAicon today...I dont know how succesful with this one.

    All i know is that I've had several cards with MBNA over the years and managed to incur charges on most of them.
    The trouble is I no longer have records of the cards or the accounts as they were closed and paid off when I decided to sort my life and my finances out.

    I've just asked for a SARicon on any accounts I may have had with them....dont know of it'll work but its worth a try!

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  2. #2
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    Default Re: neil v MBNA

    Hi Neil,

    Time will tell !!

    Just wait until you receive the copy statements and have the oportunity to look at how much you've been charged.


    Claim the lot plus the 8% interesticon.

    Cheers


    pj41


  3. #3
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    Default Re: neil v MBNA

    Claim the lot plus your contractual interesticon, not 8%... from the date of the charge until now. They WILL pay it.


  4. #4
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    Default Re: neil v MBNA

    Hi, Sorry for the delay....had Christmas in the way....back to business now.
    I recieved my statements back on the 21st Dec and it looks like they have taken £252.50 in Late Fees over the years....not a lot but every little helps.
    They also offered a goodwill paymenticon of £140....i was going to write back and refuse this...asking for the full £252.50.

    I was going to write back with my Preliminary request but can I claim contractural interesticon at this stage or do I wait untill I file a Moneyclaim?


  5. #5
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    Default Re: neil v MBNA

    Cheque arrived for £140 today....do I cash this as acceptance of part payment and claim the remaining £112.50 or do I send it back and claim the lot?

    Any help much appreciated.

    Thanks


  6. #6
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    Default Re: neil v MBNA

    you accept the cheque as a partial settlement only, and advise you will continue to recover the outstanding balance, did you request contractual interesticon as part of the £252.50?

    if not , look at some of the threads in the MBNAicon section and also the general section on claiming contractual interest. MBNA pay contractual interest, so depending on your card you could ask for interest of up to 27% or even more.

    Thanks



    23/11/06 HSBC **SETTLED**
    30/12/06 - GE Capital - **SETTLED**
    30/12/06 - MBNA - charges and interest **SETTLED**

    30/12/06 - Welcome Finance - Prelim sent for mis-sold PPI



  7. #7
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    Default Re: neil v MBNA

    The £252.50 is just the amount that they have taken. i've read other threads when claiming from previous organisations and was under the impression tht contractural interesticon could only be claimed of the claim went as far as the small claims court.

    I didnt think it was applicable if the organisation setled prior to court?

    I will double check on the MBNAicon threads then and see of I can claim some more.


  8. #8
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    Default Re: neil v MBNA

    s69 interesticon (8%) is what is applied at courts, the alternative argument is that if they can make interest on your charges then so can you, and you can apply it earlier.

    Thanks



    23/11/06 HSBC **SETTLED**
    30/12/06 - GE Capital - **SETTLED**
    30/12/06 - MBNA - charges and interest **SETTLED**

    30/12/06 - Welcome Finance - Prelim sent for mis-sold PPI



  9. #9
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    Default Re: neil v MBNA

    thanks for the information. I shall try and apply the charges to the claim although i have already sent off my Prelim request letter, accepting the £140 as part payment and asking for the remainder to be paid forthwith.

    If they do not co-operate then I shall claim the full ammount, with interesticon through Moneyclaim



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