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nigel J sellick

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Posts posted by nigel J sellick

  1. Does this look ok?

     

     

    Claimant has account xxxxxxxx with

    Defendant from January 2000 conducted on

    their standard terms and conditions.

    Claimant is claiming the return of £2763.25

    taken by Defendant in charges over 6 years.

    The Defendant's charges are a

    disproportionate penalty and therefore

    unenforceable as they are contrary to

    common law. They are also invalid under the

    Unfair Contracts Terms Act 1977 s.4 and

    under the Unfair Terms in Consumer

    Contracts Regulations 1999.Para.8 and

    sch.2.1.e.

    In the event that the charges are not a

    penalty they are unreasonable within the

    meaning of the Supply of Goods and Services

    Act 1982 s.15. Defendant has declined

    justification of charges despite repeated

    requests. Claimant claims interest under

    Sec.69 of the County Courts Act 1984 at a

    rate of 8% a year from 8th December 2000 to

    1st October 2006 of £437.00 and also

    interest at same rate up to the date of

    judgment or earlier payment at a daily rate

    of £0.71p

  2. Well spoke to Paul at mbna again he looked at my account and said that the only compound interest they could work out was £169.19p and told me they will credit my account with that as that the interest charged on my charges i have asked them for my copy statements as originally requested. He said there is now a back log and i should get them in about 10 days.... He did hjowever point out that i can only claim the interest on charges is this correct? they gave me goodwill payment 310.00 then i refused a further payment of 300.00 and i asked for interest and a further payment of 170.00 =£780.00 you think they are still not showing me the true picture as not seen my statements yet as they never returned my SAR as originally requested

  3. Ok they have now credited my account with 610.00 there print out shows 625.00 of charges. Should this be a case won or should i get my SAR and do a final check? i asked him about the interest he said your not disputing interest??? please advise GBZSTRO

  4. Just tried that number spoke to paul who apologised for the mix up with mr bailey i explained that i thought the charges were not reflecting what they actually owed me and said that id except them but i still wanted the full amount that i sould see on my subject access request... he told me that the print out they sent me was for all the charges i have been charged so there wasnt really a need to get the SAR but i told him i have had nasty phone calls from agents on there behalf which have been that rude ive put the phone down on them and that it has caused me untold stress ..........he promised to call me back within the hour lets see what he comes up with they offered me 310 there print out says 625 what do you think i should accept?

  5. i rang them this morning and guess what..........steve bailey isnt to be found anywhere lol so they couldnt find the head of customer service i told the customer service adviser that the £310.00 was far less then the amount shown on there list of charges and that i doubted if that was the full history of charges for 6 years that i originally asked for and said i will accept this but i intend to ask for my subject access request to see the full history and i will be claiming the full amount... he said he would get Mr Bailey to ring me himself .......Lets see what he says????

  6. ok so should my conversation be like this, im telling you i am happy to accept your offer of £310 but im informing you that i intend to claim the full amount of what you owe me but i would like my 6 year report as originally asked for(as there print out only shows about 500 ) i dont know what the correct figure is?

  7. thanks will do, but shouls i wait for them to send me the 6 year report which is what i asked them for but they returned my cheque and told me they sent this small print out free of charge? or phone anyway?

  8. Gbzstro, Thanks For That, I Will £310 Is Far Less Then What They Have Charged Me On There Little Print Out Theu Sent Me As They Didnt Send Me The 6 Year Report Like I Requested.... I Think I Will Re Submit My 6 Year Report Request And Tell Them I Accept The £310 But Will Be Going For The Full Calculated Amount...once I Get The Report

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