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Everything posted by EricTheRed

  1. I've been through the processes outlined on this excellent site and was just about to go to the court to register my claim when I got the following from Capital One. "Dear EricTheRed Thank you for your patience while I've been looking into your concerns. I understand you're looking at issuing a county court summons against us and would like details of the amount of fees we refunded to your account. After receiving your letter, I have looked at the refunds we've allready given you and reviewed our offer. However, I'm afraid I won't be increasing it as the fees we've added are correct. Our fees are in line with other banks and financial institutions and as you are probably aware the OFT are not challenging the right of the banks to charge default feess, but merely the level of those charges. We disagree with the OFT's analysis and believe that our current fees are both fair and legal. I've checked your statements and i can see in total we've refunded £123.39 to your master card and £200 to your VISA account. I'm sorry we haven't been able to resolve this without the need for further action, but I hope you'll accept my best wishws for your future. Yours sincerely Paul Scott Excecutive office" I have 2 cards with Capital One each with a limit of £200 and over the past 3 years or so I have been charged penalties of Mastercard £860 VISA £380 with a deduction of what they have already refunded plus costs and interest the CC claim form this now amounts to £1158.20. I'll see them in court
  2. Cathy Robertson from Abbey got one of her staff to call me this morning in respect of my letter about withdrawing my overdraft. They won't entertain a step down arrangement either. I have arranged a parachute account and this is effective from next pay day. Do you think they are aware that I am taking them to court? I never mentioned it in the letter to Cathy Robertson or are there Chinese walls in operation at Abbey? My potential claim is now for £3,682.00 plus £780.96 plus costs and this is based on £982 for years 2005/6 and is based on statements supplied by Abbey and the rest for years 2000 to 2005 inc is 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 citing the microgfiche argument. I suppose that they will have to disclose what the actual amount is when it gets to court. Has anybody been successful on an estimated claim?
  3. Well done to you Tim. I note in their letter that they asked you to inform the court that you had settled. A bit strange I thought. In addition did Abbey remove the default entries from the register and not just correct or amend the register?
  4. Thanks I think I will.
  5. I know someone from MBNA will be watching this forum. Well I think I’m nearly there with MBNA and very close to a settlement. I have the papers ready to go. My claim is for £775 plus cost plus interest. Last week I received a letter from Steve Bailey offering me app £600 in a refund. I wrote back to him and refused this and stated that MBNA should refund the full amount otherwise I would proceed with my claim. The other night I received a call (at 9pm) from Customer Advocate David Pemberton. David explained to me that the account was 7 months in arrears and that £600 had been credited to my account. I explained that I had formally rejected this offer in writing to Mr Bailey and that I would be taking MBNA to court for the full amount of £775 plus costs plus interest. I am surprised that MBNA’s assumption that I would accept this £600 offer and that they credited it to the card. I explained to David that the penalties that they had applied had taken the card over its current limit and that once the monies had been returned to the card balance then the card would be well below the limit. I also explained that the costs were unlawful and I would be willing to challenge this in court with MBNA. David has written to me (countersigned by Marcus Waring – Customer Assistance Section Manager) and offered to refund a further £175 to the card, which would in effect be a refund of all the charges, conditional upon me paying £100 off the balance. He kindly enclosed some paying in slips in the letter. I’ve written back requesting that MBNA also confirm that they will remove any default entries from the register stating that mere correction or amendment to the entry will not be acceptable. Should I accept the latest offer from MBNA and leave it like that or should I hold out for written confirmation that defaults have been removed? Many thanks
  6. My bank (Abbey) only sent me 11 months statements and on my claim I am reasonably estimating the rest over 6 years. This is far in excess of my current overdraft facility with them. Has anybody taken any of the banks to court based on an estimate and what happened?
  7. It will come rolling back as quick as a Johnson/Beattie strikeforce maurauding their way through the PL!!!!!!!!!!!!!!!! Thanks SS and all for your advice and guidance. Just got Abbey and Capital One to go. Abbey might be a tough nut to crack given their attitude but I think I have Capital One in the proverbial head lock at the moment.
  8. Eric The Red v MBNA Received a letter from Steve Bailey on Friday offering app £600 against a claim of £825. Here is my response MBNA Europe Bank Ltd PO Box 1004 Chester Business Park Wrexham Road Chester CH4 9WW Monday, 05 June 2006 Steve Bailey – Head of Customer Advocate Office Reference: - xxxxxxxxxxxxxxxxxxxxx Card number:- xxxxxxxxxxxxxxx Dear Mr Bailey Thank you for your recent letter. Please note that I respectfully decline your offer of settlement and request, once again, that you return to me ALL penalties made on this account. I require repayment in full of this money and removal of the default notice(s). I have begun a claim against MBNA for recovery of approximately £825.00 for penalty charges applied to the above credit card. They are detailed on the attached spreadsheet for your convenience detailing the penalties applied to the credit card including any interest that may be claimed as allowed by the County Courts Act (1984) s69. Yours sincerely MODERATED threads joined .please keep to the one thread when updating or asking questions this is for your benefit and the benefit of everyone following your claim
  9. If successful I'm hoping they will wipe the balnces of both cards and send me a cheques for the difference.
  10. Hi Meggie – well done to you. I have my claim form ready to submit on Tuesday. I have had offers from C1 including wiping the balance of £137 on one card and a goodwill gesture of £200 credited to the other. These have been accepted but I informed C1 that it was not in full and final settlement and that I would pursue the full amount owing through the county court. For 2 credit cards each with a limit of £200 each I am claiming £920 plus costs plus interest.
  11. BTW the postcard was signed by "Ref 076". They are getting personal!!!!!. MBNA have said they would ring me week commencing 29th May.
  12. I had similar problems with Abbey so I sent my LBA with an estimated amount on. if it goes to court then they would have reveal what the exact figure was anyway. I've just sent this to Barclaycard for Mrs ETR. "I now understand that the regime of 'fees' which you have been applying to my credit card account in relation to overlimit and late payment and so forth are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. I estimate that you have taken £1704.00 in overlimit and late payment penalties. These figures are based on statements supplied to cover the period 20th May 2004 to 3rd April 2006 and reasonable estimates over the previous 2 years and because of your banks inability to supply me with the correct information on transactions on my account. My 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. 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 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 the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice. Yours faithfully, Mrs ETR ------------ Hope this helps
  13. Just got home and I have a couple of standard letters from Matthew Mc Grath - yes you've guessed it he's another "Head of " so I am including him on every email with a delivery AND a read receipt. The letters are pretty standard One starts - "Act Now, Before it's too late. The above account will soon be written off as a bad debt, unless you call to make payment arrangement............. The other (much the same tone) "Only a small amount of our customers set out to deliberately avoid making paymments and when we have eviidence that this is the case, we apply sufficient resources to pursue them..........." Any advice before I respond?
  14. Good point. I think I will ask them to send both written and email responses to me.
  15. Things are looking up. Michael Rhodes has read my email.
  16. Gavin Theobald has read my email. What is his role within MBNA?
  17. Had the DPA stuff. Sent the LBA. Had some letters from “Head ofs” some threatening me with collection agencies, default notices etc which I responded to indicating my intentions to litigate. Could n’t afford to go to court at that time as I did n’t have the fees at that time of the month so held off. Going to file my claim next Tuesday. Why they sent me a postcard Christ knows! It has a phone number on it so I’ll ring it when I get home. I’ve written to them at MBNA Europe Bank Ltd PO Box 1004 Chester Business Park Wrexham Road Chester CH4 9WW Anyway today I’ve just sent copies of all my letters to [email protected] [email protected] [email protected] [email protected] [email protected] with a read receipt Oh ……………and my “friends” on the redandwhitekop forum sent me the following message. “An Error Has Occurred! Sorry Guest, you are banned from using this forum! Gayboy “ I'm gutted!!!!!!!!!!!!!!!!!!!!!!!
  18. Well done to you surreyscouse. I hope everything turns out well. I have to admit though you are a lucky as the Garcia in the CL semi at Anfield in getting a response from MBNA. All I’ve had is a hand written postcard (covered in footballs) from someone in Ireland – I can’t make out the signature but they are apparently going to call me this week. Generally their responses to me are “the greatest work of fiction since laws of fidelity were included in the French marriage service…” Keep us all posted.
  19. Don't know whether anybody has had to deal with these people? They are a company based in Sheffield and they act on behalf of Online Finance if an account goes into arrears. I'd be interested to hear peoples comments on them. I went into 3 months arrears on my car loan (because of bank penaltiies) and they sent this agent around - he made an appointment). He took all my income and expenditure details and said that the payment would be £495 per month against the car loan of £293 per onth car loan. I can't afford this but can now revert to the original amount even if it means extending the term by 3 months. I have paid well over the half the loan off and could return the car anyway but I don't want to as I can afford to resume payments. Are there agents paid on commision for how much they can collect for any arrears. Could anybody help? it would be in Online Finances interest if I paid the loan up in full insted of me returning the car would n't it? I wonder would it be possible to speak to them instead of dealing with Close Assistance. Close Asssistance are a very aggressive organisation.
  20. Alan I'll be there as well. You will be easilly recognisable from your avatar!!!!!!!!!
  21. Very interesting. I always thought that if you didn’t have enough money in your account then the retailer would process your card at the checkout and would find it would be declined. I have had similar things happen with Abbey. I’ve checked the card balance at the cash machine before I’ve gone into the store (Asda in this case) paid for my good on my debit card and then found that because of other transactions that I have been charged for going overdrawn on the transactions at Asda even though at the time I have made the purchase there was evidently enough in my account. On these occasions there has been nothing waiting to go through such as DD’s or SO’s as they had all been paid.
  22. The OFT also 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 MBNA
  23. it looks pretty much like a standard letter. I used my overdraft facility every month in full but there was always enough from my own and my wifes salaries going in to clear it. It's only gone belly up since January because of the fees that they have added on every month. "Dear Mr ETR Re: YOUR ABBEY ACCOUNT No:xxxxxxxxxxxxxxxxxxx You may already know that your over draft of £xxxx.xx expires on 1st July 2006. I'm sorry to tell you, we are not able to renew your overdraft on this occasion. As this overdraft will be taken away, please make sure that your account is within its new limit by the expiry date. If it is not you will be charged for spending whist overdrawn. Details of fee and charges can be found in the Tariff of charges. if you need another copy you can request one at any time in your local Abbey branch or take a look on http://www.abbey.com. Don't forget that we're here to help you manage your money - if you'd like advice on any area of your finances, please let us know. Yours sincerely Cathy Robertson Head of Banking Customer Service ------------- Just tried to get them on the 08457654321 number but they "were busy helping other customers" So I've just wasted 3mins 18seconds at local rate. Can any mod advise please?
  24. I’ve just had a letter from Abbey stating that from 1st July they will not renew my overdraft. Currently my claim against them is for an estimated amount, £3682, £972 from the statements they have sent for this year, the rest is a very reasonable estimate for the statements they have not sent covering the past 6 year. I intend to issue the CC claim at the end of the month which will then include a £120 court fee and app £753 in interest. I think if this goes to court that they will have to admit how much they have taken and this will then be probably be offset against the amount of overdraft. My point is that if they are not renewing the overdraft could I report them to the Ombudsman as I believe that their actions are a retaliation for me sticking up for my legal rights. I am aware that this course of action could be taken if they close the account but they have not indicated that they want me to close my account.
  25. I hope this is not treated as a hi jack!!!!!!! For reasons caused by my bank (ie the penalties applied this month) I am unable to stick to MY timetable because I can't afford the court fees and can’t issue my claim through the CC until the end of the month. Will it lose impetus or am I being more than reasonable by giving them and extra 20+ days?
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