Thread: b8byd v IF

Hi there - I've received details of my charges after sending one S.A.R. under my plan number. They sent details of my current account, personal loan and credit card. I've got two question if someone wouldn't mind helping...

1. Is it ok to continue with this as one claim (i.e. for all our accounts under the one Plan)?

2. I'm claiming interest on my current account charges of 25% (which is their authorised overdraft limit). Can you do the same with the personal loan and credit card (e.g. reciprocate their interest rate for each)?

Thanks for your help!
b8byd

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Just to let you know (and also to keep things in a clear order for myself!) that I sent the preliminary letter on 22 May, and i've sent an lba today.

Thanks for posting your link, its helpful to see how IF handle the claims. Fingers crossed mine goes as staightforward as yours!

Hello all. I've received the standard 50% offer from IF. As you may know from our other threads, my partner and I are trying to clean our credit files so, with that in mind, does anyone have any comments on the following letter [does this sound like blackmail to anyone? - bit worried about that!]? We appreciate any advice.

without prejudice

Dear Sirs

Thank you for your letter dated X June 2007.

Your attempt to reach a satisfactory conclusion is appreciated; however we do seek the full amount claimed plus interest and we will not hesitate to make a claim in the county court if a satisfactory outcome is not obtained via correspondence.

However, in an attempt to reach an amicable settlement for both parties, we are willing to accept a full refund of the total sum of all charges applied to both our current account and personal loan account without any interest being added by us subject to the following conditions:

1. You remove any and all default notices you have entered in our names in relation to the above current account and personal loan account. We believe that you have only entered a default in respect of our personal loan account but, for the avoidance of doubt, we are seeking removal of any and all defaults which may have been entered by you in respect of both of these accounts. We understand that you are under no obligation to remove these defaults until the debt is settled, but as you can see we are well on our way to clearing what we owe and a satisfactory resolution of this claim will leave a comparatively small balance for us to clear. Furthermore, we do not recall ever receiving a notice of default from Intelligent Finance, which we are entitled to receive before a default is entered on our credit files. Therefore, we hope that as a gesture of goodwill on your part, and in return for us not claiming compound interest on the charges you have unlawfully applied to our accounts (which at today’s date stands at £1,484.82), you will comply with this request.

2. We also ask that you comply with your promise to refund interest applied to these accounts in the last six months as we have been making regular payments via the Consumer Credit Counselling Service during this period. We calculate that since 28 December 2006 you have applied £240.02 interest to our current account and £73.28 to our personal loan account.

In summary, we require:

· £1,179.00 to be credited to our current account which is the total sum of charges applied by you in respect of our current account and personal loan account; AND

· £240.02 refunded to our current account and £73.28 refunded to our personal loan account, in respect of interest applied to said accounts since 28 December 2006; AND

· The removal of any and all defaults your have entered with credit reference agencies in both our names in respect of our current account and/or our personal loan account.

Please note that we will not hesitate to bring a claim in the county court for £1,179.00 plus compound interest if we do not receive a satisfactory response from you.

We look forward to hearing from you.

Yours faithfully

Well (having come over from Bank of Scotland Forum!!) - that looks OK.

Hope that it works!

Well I got a response, and they basically ignored me regarding the default removal and getting back what they already agreed to give me (verbally) ages ago if I maintained by debt management plan correctly, instead offering me 75% of the value of my claim.

I know they must deal with 100s of these claims so its probably just a standard letter where they literally type in whatever 50% or 75% is, so I thought i'd give them a ring. Big mistake, the person I spoke to could not have been more unhelpful if she'd tried. At the outset I said I wanted to speak to someone about my bank charges claim. She said ok, go on, so I explained my position. She made some remarks about the charges being lawful and then she asked me something like 'do you actually think you are entitled to be refunded even though you handled your account in this manner?' to which I simply replied 'yes!'. Then - after all that - she said I couldn't be put through to the team because they were busy. I thought she was a claims handler!! Bloomin timewaster more like.

I won't bother calling them again - waste of effort.

I have written saying that their offer is unacceptable and I will be taking them to court for the full value of my claim. Only trouble is - not sure if i'll get the default removed this way, as the account they've defaulted only has a couple of charges - the majority of charges are on an account they didn't default .

Anyway..... will submit the court claim when I get the money together for the court fee.

I have already sent an lba in respect of the above claim which relates to both a current account and a personal loan account....

2 questions :

1. Is it possible at this stage to separate the claim into 2 separate claims (I want to do this as the PL claim involves the removal of a default which is more complicated, and I want to get the CA claim through as the majority of charges are on there)

2. Are IF claims pending the decision of the test case?

Thank you!