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uklad2018

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  1. Hi Bankfodder, The designers/planners work for Howdens, so it's all under the Howdens umbrella. Best
  2. Hi Bankfodder, I hope you're well? My specification was limited to simply what colour and kitchen I required. The layout and measurements were collected and compiled by the designers/planners. It was all agreed via e-mail. It was only when issues came up and looked closer that Inoted from the screen grabs that the planer software was reporting dimensional issues. Thank you. Hammy1962 - This isn't about getting a free kitchen. My thread title clearly indicates my concerns around interest charges during a Section75 claim. If its any consolation; I did smile at your comment.
  3. Howdens kitchen designers/planners.
  4. So Howdens recommended an installer which we used. The plans were incorrect which led to issues and the finish. The problem we had was with what we was promised in terms of design, colour and quality. There was no issue with the installation. Again, can't say it enough but thank you today and putting up with my questions.
  5. Thank you very much for today, BankFodder. You of course make some very valid and interesting points on this which of course I take on board. My final question is; Consumer rights act - would you not consider me to be outside the time limit to make a complaint? Again, thank you very much for today. Best.
  6. Taken on board, BankFodder. - can you maybe elaborate on your thoughts on this? Agreed and with how long this has gone on for, I do feel that Howdens isn't at the forefront. As I said, I understand what you are saying but this doesn't excuse MBNA's duty of care to resolve complaints in a timely and just manner? After all, they are jointly liable for this debt under the credit agreement (not that they have provided it). Before this became about MBNA, my only request from Howdens to put things right or return my money. With MBNA, as I have expressed to them, I want my default and 'flags' removed and the Section75 looked at. Then we can take it from there. I don't think I'm being unreasonable to be asked to be put back in the same position prior to my first section75 requests. I find the FoS response incredible. Its actually frightening. I understand today wires may have become crossed but my explanation to them and the submission of evidence was literally spoon fed. Diagrams, screen shots, confirmation of submissions, copies of e-mails - It was flawless. Points about my SAR and default notice was totally ignored and not even mentioned. Absolutely frightening. To think people rely heavily on these people.
  7. BankFodder, I do honestly appreciate your time. I really do. The title of this thread is, "Interest Charges during Section 75 claim". That is, in my view, the forefront of the whole issue at this precise moment in time. Howdens or indeed, "consumer remedies" (consumer rights), are not going to force MBNA to acknowledge or act upon the Section 75 request I have made. At a high-level. How can a credit card provider ignore my section 75 requests but still charge me interest and then when that complaint is escalated to the FoS, and in due process, apparently default with the correct correspondence? So as not to elevate any further confusion or waste any further time.. Its not secret that Howdens, supply and fit kitchen for the general public. That is what I requested as for our home as part of the general public. This was communicated via phone and most importantly via e-mail. The cupboards weren't as expected (colour as per plans) and the fitting just wasn't right hence the surplus of material. Again it didn't match the plans. At the time I specified that I wanted the issues resolved or my money back. I sent two letter of complaint which they ignored/lost before I pushed it up to head office who disagreed with my points and directed me to the furniture ombudsman. You can probably park that to one side as instead of going to the furniture ombudsman, I complained directly to MBNA, providing all the documentation etc. I did this twice but they never did anything with it, even when I called. Absolutely Howdens is a battle but that's going to be for another day, as allegedly, I now have a default even though my section75 submissions were ignored, the correct correspondence to instruct that decision wasn't sent and they didn't deliver on the SAR. I hope that's clear. Sorry for not being clearer before around the kitchen.
  8. P.S I didn't bother with the furniture ombudsman as I felt the Section75 route would hold more clout and rigor. So as per my post were I outline the timeframes, I reported this to MBNA who failed to act to my claims and phone calls.
  9. BankFodder, Sincere apologies on this. I do appreciate your time.... "You decided to buy some products from Howden's." Yes and fitting. "You paid about £3000 on a credit card " Yes. "you specified certain requirements and Howden's failed to supply the products that you needed." Yes and fitting. "Did you keep the products?" Yes I did. Due to the poor design, there was a surplus of items that I returned. "Did you return the products?" No. I still have the kitchen. How did you make your complaint? What is the response? (I know they suggested some furniture Ombudsmanicon, but what was the response other than that? Did they say that they had fulfilled the contract or the you had wrongly specified I wrote t the store (recorded) - twice. Who ignored/lost my letters. It was then taken up with head office Who referred me to the furniture ombudsman. Of course at a point down the line the issue is fundamentally Howdens but that has been overshadowed by MBNA and its reluctance to acknowledge the Section75 going forward.
  10. Hi BankFodder, No. It's no secret that Howdens supply and fit kitchens. That is the issue here. It is not what I was promised in terms of colour nor fitting. Thanks.
  11. "This involves a contract with Howden's – the kitchen furniture suppliers et cetera. Is that correct" Yes, that's correct. They were not interested and directed to the furniture ombudsman. My understanding is, regardless of this, I can claim a section75 without going through any form of Ombudsman or third party complaints but directly to MBNA. "Also, do I understand that you have had a response to your SARicon and they say they don't have anything?" As I said, they denied my subject access request stating that I didn't sign my request, which I believe I do not have to. My consequent letters have stated this but they have gone unanswered. To add again, the contents of the Subject Access Request would have been returned to the same address as my credit card billing address. "Also I don't see that you have actually explained what the fosicon have said or why" As I said, the FoS response has been selective at best. So for example, MBNA have said that they didn't receive the declaration from my first submission. However the FoS, even though I make mention of it, make no comment on the fact the second re-application for the claim didn't ask for a declaration. The FoS reiterate the proof need for a supplier-debtor-creditor relationship but they ignore the fact that I have pointed out MBNA have lost my initial documentation and have admitted to it. My point about the default notice. Again , they ignored my points. MBNA skirted the issue and conveniently now state the default notice was sent on another day even though I have e-mail confirmation from customers services dept on the date I state. The adjudicator takes their word as gospel in regards to this 'other' default notice but they can't do they same when I state I sent back my declaration form. Thanks again.
  12. Hi dx100uk, Thank you for getting involved. Can I ask where you are getting that info from? As I said before to BankFodder, but looking at the FCA handbook (which seems to be down) the sub section in regards to disputes states that any debt in dispute should be set aside? Hope all else is well with you.
  13. "so we don't have to waterboard you to get the fine detail" :-) Thank you for the fantastic and timely response, BankFodder. Really appreciate it. Just a side note, I have managed to get a default and associated 'flags' removed from my time at Uni back in 1999-2003. My mobile contract with Orange had come to a close and they hadn't closed down my contract properly whilst porting my number across. I had a default on my account for 1p!! As I was pretending to be a hardworking student and moving around 'digs', I dind't get any of the correspondence.. anyway I digress. For this point BankFodder, I can't get my head around how they can put my account in default. To add to this, it was done whilst the FoS, had my complaint. So the complaint is with MBNA - £3300 (Howdens) - Approximately around March 2016, on the direction of MBNA, submitted a section 75 claim via e-mail - Around April 2016, got a declaration letter from MBNA, which I returned. - From around August 2016 - December 2016 I made a number of calls asking for an update. On one of these calls, I was a bit abrupt with the MBNA staff member, and she refunded my interest to date (around £60 or so for not receiving my statements) and £100 GWG for the delay with my Section 75 claim - May 2017 I raise another Section 75, through the same channels but this time I don't get a declaration form. Just an e-mail confirmation of my submission. - Another couple of calls. Nothing. - October 2017 take my complaint to FoS (This is where it gets frustrating. Not sure why I bothered). - January I get an acknowledgement letter from MBNA about the complaint via FoS. A day or so following this (say 15th January 2018) I get another letter saying that I owed money and if I didn't pay then I would be at risk at being put into default. This letter wasn't in the form of a notice before action. It didn't have the required formalities such as the amount due and sub headers etc etc. 5 days later I get another letter saying I was in default. I e-mailed customers services asking whether the letter I'd received on the 15th January was my notice of pending default. She returned my e-mail saying Yes. - Debt collection agency was now phoning me every other other day. I asked them not to but to write and stated that the complaint was with FoS. They ignored me until I sent them a CCA request which they passed on to MBNA. At the same time I sent MBNA subject access request. MBNA replied requesting a signature even though the contents of the Subject Access Request was to be sent to the exact same address as where my bank statements go. -MBNA argue that as they have no record of my declaration being sent back for my initial section75 claim so they did nothing. They also admit they don't have anything from this request as the colleague has now left (which doesn't make sense as surely this would be managed by a document management system) i.e they have lost all my contracts, receipts and attachments. - MBNA make no mention of my second Section75 claim not being duly administered but state they can't see a debtor-creditor-supplier relationship. They don't make any mention of a declaration being needed either (why was it needed for my first but not second). When I state that it would be clear if they hadn't lost the initial paperwork, they respond saying that they ask customers not to send original paperwork. I'm actually rather shocked that the adjudicator sides with them with all my evidence. What is also frustrating, is they ignored my points around the default notice, subject access request. Think about all the pensioners and individuals who are less likely or not confident in raising an issue. The FoS ends up losing them money. Apologies for the length of my post, BankFodder. As before, appreciate your time on this.
  14. Afternoon All, I hope everyone has having a lovely bank holiday. When someone has a moment, I would very much appreciate some advice and direction with a credit card complaint. I've genuinely looked for a similar thread/question, as to not to waste anyone's time, but there doesn't appear to be anything (which is surprising). at a high-level, over the course of 2 years or so, I raised a couple of Section 75 claims with my credit card company; both for the same issue. On the first occasion, I submitted my claim via e-mail as per their direction of the CC, I got a confirmation response and they sent a declaration form in the post, which I signed and returned accordingly. Weeks and months went by and I hear nothing. I made several phone calls where they promised to investigate but did nothing. A YEAR goes by and still they fail to act. I submit another claim for the same issue. I get another e-mail confirmation but no declaration form to sign. Again weeks and months go past but I hear nothing. On this I refused to pay any further monthly minimum charges as they weren't looking into my dispute. Long story short, my account is in default (however they didn't raise the default correctly). Can they do that when he account is in dispute? The FCA handbook page is down but I'm certain it says that whilst there is a dispute a debt should be set aside? Thank you in advance for any help or advice.
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