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About manxcat2206

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  1. This ruling is surely a travesty of justice and has only been made because the 'poor little banks' can't possibly afford to give us our charges back - after all they've handed them out in bonuses to incompetent managers now. So glad I moved my account when I first claimed so all my old bank have left is an overdraft made up of charges that I have no intention whatsoever of paying them, regardless of this ruling. Has it not occurred to them yet that people will vote with their feet if needs be?
  2. Well, it seems that M&S have got themselves well and truly confused over the last few weeks. I have had, in various order, letters stating that:- they've sent everything they've got they're investigating my complaint my account is in arrears they're investigating my complaint AND - the final two, both received on the same day: If I want a copy of my CCA, I must send them £1 and a default notice Have pointed out to them that they had my £1 back in June and that the same person who's now saying they need me to send £1 has been in correspondence with me sinc
  3. Don't know how much help this'll be or even if it's going to stop the calls I was getting permanently, but anything's worth a try. I got a letter off them (about 4 months after I wrote to them telling them to communicate only in writing) stating that they would like to do this, but that I:- don't answer letters had never answered any of their calls, leading to repeat calls and that this did not constitute harassment was ignoring them I wrote back immediately stating that:- I do answer their letters (as could be proved by them reading this one) I did an
  4. Right, a fair bit happened since I last posted. Went back to BC and explained that I was still missing a lot of info including the original agreement. Got a reply stating that they had fulfilled their obligations under S78 and demanding payment in full of the account. Wrote back to them to say that it was no longer an S78 request and that they were in breach of the Data Protection Act by withholding my data. They promptly passed the account to Mercers. Mercers started phoning multiple times a day. Started off by refusing the calls, then went to answering the odd one at ra
  5. This is where it gets tricky. Guidelines state that they should be able to resolve within 8 weeks. However, many companies that cannot resolve within this time will send a further holding letter stating that they need longer. The Ombudsman guidelines are that you should wait until you have a response from the company and are at a deadlock before you contact them. However, if you think they are simply stalling for time and aren't going to reply, you could complain to the Ombudsman explaining that you've already waited over 8 weeks for a reply and that you don't think that there is a
  6. Thanks for the info. I know what to look for now. I do, indeed, enjoy forcing them to reply again after they've said they've sent their final response. Well, if they're going to keep annoying me with phone calls and letters, then I want to be just as difficult right back. To be honest, I can wait them out quite easily - they and their pet DCA's are an irritation, but I don't find them particularly worrying. Certainly not irritating enough for me to spend money on taking them to court! My mobile phone book now has some very interesting names in it, so I know exactly when they're calli
  7. So, the SAR information turned up today (some of it at least - there's still bits missing). What they're calling the agreement is exactly what I've seen posted elsewhere - the signature form and some T&Cs. If I recall correctly, someone won a case against them recently based on this signature form being used by them as the agreement? So this one's looking a little better for me at this stage. In addition, my husband has had a secondary card on this account since day one - had forgotten I took this one out after I met him but before we got married. The signature form they've suppli
  8. Legally under regulatory guidelines, they're allowed 4 weeks to respond to a complaint, with an extension for a further 4 weeks provided they let you know before the first 4 weeks expires. Sounds like they're going to take the maximum allowable time, but they are allowed to do this. Frustrating, I know, but sometimes investigations do take longer than expected hence the guidelines. We all know that they shouldn't need this long to sort out charges and PPI, but I reckon they'll take as long as they can. However, if you've claimed interest on the charges and PPI, the longer they take t
  9. Well they can claim what they want really. When they do finally take it to court - I can see already that this is where it's going as we're now at complete deadlock, I will produce the documents they sent me to prove that they are illegible. And then I'll get to see what they actually hold. Still waiting for my SAR request to be fulfilled too - they've only another few days on that as I know there'll be charges etc going back over a few years as I had this account when hubby was out of work for a bit and did incur quite a few charges at their old higher rate, and the balance isn't that big
  10. Well, yes I agree with you there. The FOS don't appear to have been of much help to others on here and, although these companies seem to be keen on us all using the FOS to complain, I hadn't thought it was really within their remit - it's not technically a mis-sale or poor financial advice and is really a legal issue. But I did find it amusing that they couldn't even manage to enclose the leaflet! I will definitely be sending the OFT letter though - thanks for the template link. And I'm going back to M&S anyway to explain that I don't accept their 'belief' that the document is enou
  11. Well, they've said that if I want to take it further, I need to contact the FOS so I guess it is their final response. They also said they'd included an FOS leaflet, but didn't. Fortunately, I already know how to make a complaint to the FOS. Am going to go back to them one more time anyway explaining, again, why an illegible copy isn't good enough. I mean, seriously, if I've had to assume what the APR says because that's how it calculates, then it's just not legible enough as I can't really be sure that I'm matching back to the APR that was listed. And that was one of the more legible
  12. Well, that's made me sit up and pay attention! Just added up the PPI I paid before I cancelled it early in 2007 and it's nearly £2K before I even start adding any interest. And there's another 3 1/2 years' worth on there if I can persuade them to part with some earlier statements. The interest calculation's going to be evil to tackle, but clearly will be worth it as this alone will wipe a huge chunk off the balance and I can then continue to argue over the agreement on the rest. Surprisingly few charges on the account - I must've been better behaved with my payment record than I though
  13. One more quick question for now, please. The interest rates on the copy they've sent me are very difficult to read. However, the monthly rate is definitely listed as 1.93%. The annual looks like 23.7%, but I guess could conceivably be 25.7% - the copy really is that bad. I make 1.93% monthly as 25.78% APR, which should then be rounded to 25.8%. While I still think this is understated as I'm sure the real rate was more than this and am waiting for my copy statements to check this, if the rate is supposed to read 25.7% would that be OK, or would they have had to round it up as is ma
  14. Hi Not yet. Just back from holiday, so that's going to be my homework for the next couple of days. I know there's a few on there from times when they've changed the payment date so wanted 2 payments in a month etc
  15. Hi Slick. You're right, that's exactly what they've done. Precisely 6 years of statements and nothing else! New letter on it's way out to them
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