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Everything posted by EricTheRed

  1. Just a quick one. Sorry if this has been covered on other threads but I've been away for a while. I’ve submitted my court papers and Abbey have filed a defence and a derisory offer to settle which I will reject. I’m now working for myself on a six month contract with a larger services company. I get a very good daily rate. If I have to take a day off to go to court can I claim this back from Abbey. By the way I need a buddy in Bradford. If anybody can help out then please PM. Best regards
  2. Mrs ETR got the same letter but from Fazel Yousaf. here is my reply on her behalf. Not all original thought most of it was plagiarised from this excellent site. Should do the job though. "Dear Mr Yousaf Thank you for your letter dated 7th July 2006 please note that that unfortunately this offer of £276.00 is wholly unacceptable as there is no reason why I should agree for the Bank to refund only part of the charges that were unlawfully taken from me. As stated in my first and second letters to Barclaycard I require a full and complete repayment of all unlawful charges. My original request was for a schedule of all the charges applied to my account with appropriate descriptions for the past six years – in short a list of charges with dates and amounts - alternatively a complete set of bank statements for that period would have been acceptable. I wish to inform you that in the interim period I will be sending a copy of my letters and your response(s) to the Information Commissioner for your failure to comply with my original the DPA request. Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity -caused directly by the taking by you of penalty charges which you had applied unlawfully to my account. In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. I require repayment in full of this money and removal of any default notices. If you do not comply fully within 14 days then I shall begin a claim in the County Court against you for the full amount plus interest plus my costs and without further notice My claim is for the entire amount of unlawful charges. I do not understand why the Barclaycard believes it to be acceptable to offer me a part return of the monies illegally taken. You state the refund is based on the OFT limit of £12 when all the penalties you have taken were taken before at your old rate. The OFT have stated that a charge of less (or more) than £12 could also be a penalty and that it would be for a court to decide, NOT them Unless the Bank is willing to repay the amount in full then the legal process will commence as you have been advised. Yours sincerely, Mrs J Duree
  3. seems reasonable. My own claim is based on the £972 for this year and for the previous 5 years (where they haven't supplied any info) its based on incurring a £75 penalty every 60 days or so. I don't think it's over the top bearing in mind I had £972 in about 3 months or so.
  4. Thanks to all for your help. I'll be following karnevils estimated claim against them with great interest and Seminole fight with the Abbey and the IC.
  5. Just a thought. If Abbey were to take me to court in respect of my unpaid overdraft and I then disputed the claim on the basis and that I wanted them to confirm where they got the transactional information from and was it retrieved from their microfiche records then would this shoot their current argument down in flames or are they really just stalling everybody on the SAR status? If they took action against me for recovery of the overdraft I would bet my shirt that the information in support would come via their microfiche system thus confirming what a set of vindictive [email protected]@rds they are and that their system is used when it is to their advantage. Rant over…………….
  6. Many thanks Seminole. Letter going today and I'm back on track.
  7. Well after reading Seminoles excellent thread I feel that I am now in a bit of a predicament. As you can see from the above postings my overdraft has been withdrawn by Abbey and despite the fact I wrote to them begging and pleading for a pay down arrangement they have withdrawn the facility and sooner or later they will ask for a full repayment. I’ve opened a parachute account with another bank and all my DD’s are being paid (including my Abbey mortgage). My current situation in respect of the claim against Abbey hasn’t changed, apart from the fact that it hasn’t been issued yet as I’ve just got myself into a position of being able to afford the court fee. As you are aware my claim is based on a reasonable estimate on their claims for the past 6 years because they have failed to supply me with a list of transactions which would have enabled me to submit a correct claim. After reading Seminoles thread if my case goes before a judge then could Abbey argue that they have supplied the information in accordance with the DPA? The judge could say that they are correct and that my estimate is not correct and then order them to pay what they have taken based on the statements they have supplied. I could go down the route that Seminole has taken and hold out for a full list of transactions and get into a long winded exchange of letters between DLA and the Information Commissioner or I could just issue my estimated claim and let a court decide. If it went to court and the judge requested that they provide all transactions going back 6 years should I then ask they supply this from their microfiche records thus nullifying their contention that microfiche does not form part of a relevant filing system? This is causing me no end of stress at the moment and the thought of having to square up to their lawyers in court fills me with dread even though I am aware of the legal basis of the claim and will have a buddy with me. My opinion is to go ahead with the claim and report them to the IC. Could anybody advise please? many thanks
  8. I've had another letter from MBNA this and it really must have their backs up timeI've had most of my charges back and applied to the credit card balance even though I informed them that it wasn't acceptable as they haven't confirmed that the defaults are still there. I have had a letter from them telling me that they will no longer respond to my letters regarding my account and I should deal with the FSA. How dare they refund the charges to the account thus inferring that I had accepted their offer. I expressly stated that this was not part of the deal and that any defaults must be taken of the relevant register.
  9. They have never referred to the EricTheRed bit I don't think they would be so stupid. They are I firmly believe covert and they will be watching. I aren't in the least bit bothered. What they have done is illegal. I've had most of my charges back and applied to the credit card balance even though I expressly informed them that it wasn't acceptable as they haven't confirmed that the defaults are still there. I have had a letter from them telling me that they will no longer respond to my letters regarding my account and I should deal with the FSA. Sorry for the rant and hi jack I'll put this bit on my own thread for their benefit.
  10. So "MBNA Europe Bank Ltd Chester Business Park Wrexham Road Chester CH4 9WW" it is then. They would normally sit in their post room until someone decides which department it goes to then half a day to get to the right department. Having said that they are probably spying on us now and formulating their plans for the letters. There will be MBNA staff logging in from there houses/homes on MBNA business using their private accounts and reporting back to MBNA. They know who I am because I inadvertently left my "EricTheRed" name on one of my letter. I hate MBNA with a vengeance.
  11. Just for confirmation is this the address to send it to? Customer Advocate Office MBNA Europe Bank Ltd PO Box 1004 Chester Business Park Wrexham Road Chester CH4 9WW and What are the next steps? Do we have a template letter in response to their non compliance/response. Thanks
  12. Count me in. I'm on annual leave next week so I'll prepare my letter today and keep tabs on this thread for when to send it. Surreyscouse 6/7/2006 Worzel 5/7/2006 Stacymason5/7/06 Paulcaley Gizmo111 Norvernrob thfctimmo dellydaisy Bryony84 Davefirewalker downsouth 6/7/06 EricTheRed6/7/06 My circumstances are similar to Norvernrob in that it was originally a HBOS account.
  13. My original contract for the credit card will be with HBOS as it was then transferred to MBNA. I have a feeling they would still have a copy of my contract but I'm willing to have a go? Have you a template? Just one point though. MBNA could produce evidence that I spent on the card therefore isn't there a contact in existence based on that evidence?
  14. MBNA latest update - response to Scott Bailer "Mr Bailer I’ve had a call from Matthew (McGrath???? probably not come to think of it) this morning (I said I would ring him back but unfortunately didn’t have his number as it came up on my mobile as “Private number”). Matthew has asked when I am going to make the payment arranged with David Pemberton. David wrote to me and enclosed some payment slips to make the payment. This was arranged because I believe that I explained that I no longer had a debit card and that would pay as soon as I could. Unfortunately I don’t get paid until the end of the week. In any case I would strongly object to leaving my debit card details (if I had one) with somebody who said they were part of your organisation without giving me any proof. This person didn’t even ask any security questions. If he would have known he would have been aware of why I received some bank paying in slips. On this basis I won’t be answering his call. I have become very security conscious given the recent spate of crime involving debit and credit cards. You will note from all my previous correspondence that I rejected the original off of £600 yet your assumption by crediting the account is that I have accepted this. Could you please respond in respect of the email below? At the moment there are 2 different deals on the table from MBNA 1 MBNA will refund the penalties 2 MBNA are offering me a reduction in the balance to settle – you have details of my counter offer - but FTAOD - MBNA refund all penalties applied to the account as full and final settlement of the outstanding balance and in addition I ask that any defaults registered against my name as a result of the late payment/overlimit fees are removed from the relevant register - and I am still awaiting a response from MBNA on that particular point. Rather confusing don’t you think? As I have explained on more than one occasion I won’t accept anything from MBNA unless and until you have corrected my record with the various credit agencies where a default has been registered as a result of the unlawful charges you have imposed. Could you let me know just who is dealing with my situation within your organisation. is it your department? Is it Stuart Johnsons Department? Is it Matthew Mc Graths department? Is it Richard Honeys department? Is it Marcus Warings department? I have received various letters from different people within your organisation (including a very nice post card covered in footballs) and in addition I've had several discussions with different members of your staff from different departments. Please would you mind delegating this to one person from within the MBNA oligarchy who can give me a definitive answer instead of all these chinese walls that seem to appear at every opportunity? ? I trust this clarifies the position and I look forward to your response. EricTheRed
  15. I sent emails to the following and they have been returned [email protected] User unknown [email protected] User unknown [email protected] User unknown
  16. Read the FAQ. Don't let them get the better of you. £300 is better in your pocket than theirs and they shouldn't have taken it in the first place. Good luck with your claim.
  17. Do you have an email address for him or anywhere I could get one? Thanks
  18. I'll email him with a response. It's obvious that the left hand doesn't know what the right hand is doing in this organisation. First I get threatening letters, then a compromise, then an offer effectively of refunding all the penaltiies, then another threatening letter, then an offer to settle the debt at 60% discount (with a hint of a threat in the text). This would make a good press story methinks. Has anyody got any contacts?
  19. The plot thickens even as I type. I received the following this morning from Scott Bailer - Director of Customer Assistance. They are offering a 60% saving on the full amount. Problem is that I don't have the money to meet their timetalbe. "Dear Mr EricTheRed Your current balance of £3051.16 is scheduled to be written off as a bad debt imminently. This means that for the next six years any potential employer, car dealership or creditor who utilise the services of a credit reference bureau will be able to see details of this information on your credit file. When the default has been registered your account will be sold to a third party. As a final attempt to demonstrate our good faith in resolving this matter we are giving you the opportunity of saving up to 60% of your outstanding debt - that's £1830.70, which will be dependant upon your individual circumstances. This means that you could pay as little as £1220.46. You will also relieve yourself of the responsibility for repaying the remaining debt of £1830.70. Call now for further details and to take advantage of this offer! We may be also willing to give you three months to pay this amount, subject to adherence to the following payment dates and amounts: £40.03 by Monday 26 June 2006 £85.41 by Monday 24 July 2006 £1,095.02 by Friday 25 August 2006 If any payment is not received by the due date, this offer would become null and void. Furthermore, we may take recovery action for the full outstanding balannce. To avoid this action, you could consider one of the following options to raise these funds. • Requesting assistance from relatives and/ or friends. • Re-mortgaging your property which would release equity to pay off your creditors Call now to discuss this offer or alternative options on 01244 879 090. One of our account managers will be available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am to 12pm. Yours sincerely Scott Bailer Director of Customer Assistance" So my question is. How should I respond to this given the trail in previous postings? My initial thoughts are to email him and ask that I would accept a refund of the penaltiies as full and final settlemeent and they could then write the debt off as settled - of course they would have to remove any defaults that had been registered. Advice pelase on my response to MBNA. Thanks as always
  20. despite all the emails and dialogue with MBNA and being told that they would credit the card with £600 and (subject to me paying £100) the balance of outstanding penalties I have received a yellow leeter from MBNA. This letter is quite threatening. "Notice of proceedings from MBNA EBL. This not a court document PLAINTIFF: MBNA EBL DEFENDANT: Mr Eric The Red Amount Due:£3051.16 Account: XXXXXXXXXXXXXXXXXXXXX YOU ARE NOW LEGALLY REQUIRED TO TAKE ONE OF THE FOLLOWING ACTIONS TO PREVENT LEGAL PROCEEDINGS BEING TAKEN AGAINST YOU: Pay the full maount due by 1.00 pm on Wednesday 21st June call MBNA to negotiate a reasonable repayment plan 8.00am - 9.00am Monday to Thursday 8.00am - 5.00pam Friday 8.00am - 12.00pm Saturday This is your final chance before MBNA register a default on your credit file At this point court action may be taken without further warning. Court fees, legal costs and interest may be added to the sum you owe now. If you fail to comply with any court order MBNA may request the court to take one of the following steps to recover the full maount outstanding. Deductions from your salary (Attachment of earnings) The order for the sale of your property Your financial situation examined in court Call now if you want to prevent any proceedings from being taken." What are they playing at?
  21. Lisa my claim against this lot is based on the charges for 2005/6 which are accurate as they sent me the statements. The other 5 years of my claim are based on a very reasonable estimate. My claim against them is for £3782 plus interest plus costs. I have detailed this on the spreadsheet attached to my claim. "* Amount for 2006 is £1082 and is based on statements supplied by Abbey and penalties applied. ** Amounts for years 2000 to 2005 inc are based on a reasonable estimate of £450 per year for each year. Abbey have refused and failed to supply information on the account for these years. Letter has been sent to the Information Commissioner." When this goes to court Abbey will then have to disclose what the actual amount is and I suppose if it went before the CC judge he would ask why they can produce it in court but couldn't produce it on request of the customer. Just a thought.
  22. I thought I would follow this up. I recently wrote to my MP about bank charges asking him to take it up with the CoC. he replied and was most interested and asked me to keep him up to date. I've sent him this letter. Please excuse the plagiarism in some parts. Dear Mr Rooney Bank Charges Thank you for your response to my letter about bank charges. Your reply asked me to keep you up to date. From my own perspective I can inform you that I will shortly be issuing summonses in the Bradford County Court against Abbey and Capital One for recovery of penalties applied to my bank account and credit card(s). Abbey haven’t even had the courtesy to comply with their obligations under the Data Protection Act and my case will be based on a reasonable estimate of part of the claim. In addition they have informed me that “If the complaint escalates into a claim in the County Court, we will review each case individually, and if we feel that our relationship with our customer has broken down completely, we may decide to give notice to close the account under the Terms and Conditions.” To close an account because a customer complains and stands up for their legal rights has already been addressed by the Ombudsman and as one would expect, the outcome was favourable for the originator of the complaint and the complaint was upheld. The Ombudsman agreed that to close the account was against “natural justice” and awarded compensation to the purveyor of the original complaint.” Over 4 years Capital One has charged over £1200 on 2 credit cards each with only a balance of £200. I’ve also attached a letter that I sent to Joanna Elson of the British Bankers Association on 11th April. Ms Elson has not replied to this letter. The letter was sent also to Ian Mullen Chief Executive of the same organisation. I find it hard to understand what Ms Elson and Mr Mullen have not had the good manners to reply to my letter when I clearly indicated that I wanted a response. The email sent to Ian Mullen came back as Your message To: [email protected] was deleted without being read on 11/04/2006 12:55. I seem to remember that at least one of them deleted the email I sent without even reading it. The question of bank charges is a serious matter and for this to be dismissed through lack of response by a responsible member of their professional body concerns me greatly. I have incurred penalties from my bank. I appreciate that if I am delinquent, inadvertently or otherwise, in my banking that I should be penalised but only to the extent that it is legal and fair and not a case of my bank making a profit on the back of my delinquency. It is well established at both common law and enshrined in statute that a bank can only claim back its actual loss and not impose unfair contract terms on its customers. I don’t expect to contribute towards the shareholders champagne at the banks AGM after they have announced that once again they have made £xbn profit. The big 5 banks made £31bn profit last year. I believe that the banks made approximately £3bn in bank charges. I don’t think the questions posed in my letter to the BBA should be anything they should hide behind when all I required was a written response penned in honesty. Would it be possible for you to solicit a response from this organisation on my behalf? I know that several members of the Consumer Action Group forum - http://www.consumeractiongroup.co.uk - have asked the same question of Ms Elson and Mr Mullen and as far as I am aware neither have had the courtesy to respond. Perhaps you could bring this to the attention of Anne Snelgrove the member for South Swindon as you are probably aware has asked questions regarding these issues. The banks and credit card companies are a law unto themselves having scant regard for the laws of this country (and indeed the OFT) and the majority of their customer base. Fight the good fight and I look forward to your response. EricTheRed
  23. thanks for that I couldn't find the original
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