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SilkySmooth

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Everything posted by SilkySmooth

  1. First of all I want to thank everyone who has entered into this debate about repayment by cheque. It has been interesting and I do agree that it is possible to pursue this course of repayment even when there is an outstanding debt involved. Based on everything I have read here and the research I have carried out, I have reluctantly decided not to pursue it on this particular claim. Taking into account my own personal circumstances I have decided that I will accept the offer in this case. At this time I currently have two further claims against seperate credit card companies, both of which the claim amount is greater than the debt amount so they will have to pay me back something. At the end of the day I have won! So I can be happy about that. First claim won, two in progress and three to follow.... I might just make my first debt free christmas Thanks again, the help is appreciated and I will be donating when I get my cash back from the second and third claims.
  2. This was an inevitable outcome really, eventually all of the banks will convert away from the 'free banking' model. At the end of the day they are only interested in one thing, lining their own pockets.
  3. Thanks for coming back lookin.... can I just ask what the UTCCR stands for so I can google it and try and find out a bit more information.
  4. Ok, now I am totally confused, yesterday MCOL showed this claim at a status of 'issued', this morning it is showing: Defence You are unable to take any further action online on this claim. The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly. So they have entered a defence to contest the full claim yet have offered a full refund of charges to the account.
  5. Bookworm, no it is not a d/d I have given them my bank card details and they debit the agreed amount. But yes you are right, I should setup a standing order. As to the claim form, where should this have been entered? As part of the "Particulars of Claim"? I am using MCOL to put my claims through and was told by a family member that you are given the option of choosing how you want to receive the payment when you process the judgement or when they send you the questionaire.
  6. Glenn & lookinforinfo, Thank you for the debate, it is very interesting to see viewpoints from different perspectives and I do appreciate the time both of you have taken in this thread. I will most certainly keep the thread up to date and let you know what happens.... I agree that I must have a good reason if I were to take this into court and, Glenn, I think just gave me my second if I understood what he was trying to say with: "If you don't have access to the account because its closed then again you would have good reason to argue for the cheque." This is quite correct, I do not have access to the account because it was effectively closed when they put the default on me a year or so ago. Since that time I have been trying to pay it off with their debt management team. I no longer have a usable card and since starting my claim they have restricted my online access to view the account. The account is basically at a stage where if I miss a payment, they will sell the account to a debt collection company. I had this confirmed on Friday when I called to argue with them because they didn't renew my quarterly agreement and they failed to take the payment I had offered them. It's nice how they start to threaten you when they constantly mess up... but thats another debate PS: I haven`t written my letter yet, I decided to sleep on it. I think I will get typing though...
  7. Thanks for the responses... to clarify things for some of you, the account status is that I am on a payment arrangement with MBNA's inept debt management team. They have defaulted me previously around a year ago when all my debt problems started. The amount of the claim is less than the amount of the debt and I am not against paying the debt off. I am trying to use this as an opportunity to clear my debts which have been plaging me for far too long. However MBNA are not at the top of the priority list because I am already on an agreed payment set up with them. This is not an IVA or anything like that, just an agreement with post dated card details which renews every three months. (When I say inept above it's because it takes me 3 or 4 phone calls to them every quarter because they cannot seem to renew a quarterly agreement.) So there is no chance of me being served with another default or CCJ. But I want the money back so I can pay off the debts which I am struggling with, I would rather pay off several small debts than take a large chunk out of one debt. And, at the end of the day this is my money apparently. I am thinking along the lines of lookinforinfo where s/he states: The Court has to order the return of the money, since that is what is being claimed and should Silky not pay the debt to MBNA, they are perfectly within their rights to use the Court to get the debt. I am going to type up a letter and get it in the post for the morning. I will post up the letter and any responses I get.
  8. SilkySmooth

    Refunds

    Barclaycard and Capital One have both offered me this.
  9. Hi, I could do with a little more advice ref repayment by cheque. I have taken MBNA all the way to the court stage, the case is currently at an 'Issued' status and they have not aknowledged it as of today. On Monday I can proceed and request a Judgement via the MCOL site but.... Today I received a letter from MBNA stating that they would refund the full amount of the claim, including the court costs, to my account. Throughout I have requested payment by cheque. So I am a little unsure of what to do, as far as I can tell I have three options... 1) Accept the payment (They don't give me an option, there are no forms to sign, they just tell me to write to the court and cancel the claim), shut up and accept that they wont pay by cheque. 2) Play ignorant like they seem to do, ignore the letter and proceed with my Judgement on monday and request the court order them to pay by cheque. 3) Write back to them stating I will accept their offer on the basis that it is paid by cheque, otherwise the court case will proceed. What do you think? I am more peeved by the fact that they get to keep the £80 in court costs refunded onto the account which I cannot use. TIA
  10. Hey thanks for the response, it took me a while to figure out but the Issue date displayed in Moneyclaim is not the date I should have been using to count the 14 days. The date is from when the court has served the papers on the defendant and that was actually the 28th of Oct an additional 4 days after the claim was started. So I have to give them until the end of the weekend until I can begin my judgement on them.... But guess what arrived in the post this morning... a letter from MBNA stating that they will refund the full amount, including court costs to my account. So I have won the case, unfortunately I don't want to accept this as I want the money truly refunded and paid back to me, not paid onto my account. So more research required....
  11. Sorry, that should read 'position to help you...'
  12. Hi Ryan, Welcome to the forum, first thing, when you have a question, start a new thread in the forum relating to your claim, in this case that would be Halifax. People dealing with Halifax claims are more likely to be in a position should you have a difficult question. As to your question... the third letter being the Letter Before Action, wait for the full 14 days to be up. On the 14th day you can then file a claim against them. You can do this by either going to the court in person or by using the MCOL web site at http://www.moneyclaim.gov.uk
  13. This is just my 2 cents based on what I have read here on the forum... Claiming for compensation would require proof on your part that you have incurred cost and or some form of distress. In terms of cost that would require you to detail phone bills etc, medically speaking you would need some form of doctors note and in most cases claiming for stress caused can be more stressful! As for clearing the balance, it really wouldn't matter as you cannot withhold payments because you have a complaint, that would violate the terms of the agreement you signed. At least that is how I understand it. I know MBNA are a real pain to deal with, I am at the court stage against them to get my bank charges back and that has been a nightmare itself. At one stage they even tried to scare me into paying by getting the USA office to start calling me on my mobile. But thats a whole other story.
  14. Hi, I have been through the prelims, lba etc and got to the MCOL stage, submitted by claim via the site on the 22nd (Sunday afternoon) of October. Moneyclaim then updated the status of the claim to 'Issued(24/10/2006)' along with two other claims against seperate banks. Since then both of my other claims have been updated to 'Acknowledged' and the date they were acknowledged, however the MBNA claim still remains as 'Issued'. According to the 14 day rule I should now begin a judgement against MBNA as they have failed to respond. My query is do we count non business days? Do we count the day that the claim was issued? So would the 14 days be up today!?!? or tomorrow?? or 10th / 13th of November? Thanks in anticipation.
  15. The plot twists.... So I took your advice and sent off a refusal letter to them, to date the amount has not yet been removed from my account. Furthermore, the crafty idiots have now reduced my credit limit on my account. Guess by how much? Hmmm oh yeah, £220! So they have given me £216 on account which I don't want and then they have reduced my credit limit by £220 thus meaning they haven't given me anything! They have stated: Your Credit Limit It is part of our responsible lending policy to help our customers manage their current credit commitments effectively. Therefore we have reduced the credit limit on your account. This is BS, because the account has been paid by direct debit for the past year and I haven`t missed a single payment. Surely this is retaliatory action because I am taking them on?
  16. Hmmmm too late I filed at 5:30 this morning for the full £540 plus 8% interest. Just read your post, checked account and they have indeed made a payment of £216 to my account. So there are a few problems here; 1. Throughout, I have requested repayment by cheque due to the fact that my credit limit is £400, my balance prior to todays payment was £390 and my claim exceeds this. 2. I have not accepted in any way either partial or in full and final, the offer of £216. Therefore, assuming I do not sign and return the documents, this partial offer is null and void and they must remove the £216 credit from my account? 3. I have now filed on MCOL for the full amount. Hmmm what to do....
  17. I have posted all of my successful address details here: http://www.consumeractiongroup.co.uk/forum/capital-one/40304-capital-one-address-details.html
  18. Data Protection Act Letters Legal Compliance Specialist Capital One Bank (Europe) plc Trent House Station street Nottingham NG2 3HX Prelim & LBA Letters (I have personally used this address and received a response to both letters sent here) Executive Office Capital One PO Box 5281 Nottingham NG2 3HX Money Claim Address (The only address I could get MCOL to accept) Capital One Services Inc Trent House Station Street Nottingham NG2 3HX Mods, please sticky this thread, I have spent countless hours searching for this data.
  19. Hey, I started 3 claims against NatWest on the 3rd of October, as I had all my statements etc I was able to move straight to the Prelim Letters and got them posted off recorded delivery. I am seperating these claims as one is a personal account and the other 2 are business accounts not related to each other. I received a single response from NatWest on 10th of Oct telling me that they dont feel they are my fiduciary, they don't agree with my claim and basically I won't get anything. So fine, I have set aside this weekend to write up the three LBA and get them sent out first thing monday morning. So far so good on that score, I am comfortable with the process and wasn't expecting them to make me an offer as my credit with them has not been great over the past 6 months. Now, this morning I received two letters from Wescot Credit Services dated the 12th of Oct informing me that I have 14 days to make payment arrangements on the debts which relate to 2 of the accounts I am claiming against. I thought that the banks were not permitted to do this if a complaint is outstanding on the account? Should I call Wescot and explain that I have complaints in progress on both of these accounts? Or should I just contact them and make payment arrangements such as a direct debit etc to keep them off my back until I get NatWest to the court stage and win my money back. The total of my three claims will easily cover the 2 debts which Wescot are claiming from me on behalf of NatWest. Thanks for any advice.
  20. Quick update, I received a second letter from them the day before court action was to start, basically they said that the first offer was their final offer, take it or leave it. So I wil be filing on MoneyClaim over the weekend.
  21. Another update, I received an offer from Barclaycard to the tune of £216 the day before I am due to file the claim in court. I will be filing on MoneyClaim over this weekend. Should I bother to reply to thier offer? I have no intention of accepting it, but should I reply stating that just to make sure? Thanks
  22. Thanks, my LBA has been posted off today with the ammended paragraph as follows: "Thank you for your recent offer of £328 in relation to a full and final settlement, I am prepared to accept this as a partial payment by cheque made payable to SilkySmooth, however I will still be pursuing the remaining £458." Just in case that helps anyone else.
  23. Quick update, LBA was posted off via recorded delivery this morning.
  24. Thanks for the replies people, I know that this has been asked before however couldnt find the answer when I searched the forum. I currently have 7 claims, 3 in progress 4 about to be started and of those 7, 4 of them owe me more than I owe them so I think it is fair that I be allowed to determine who gets what and when. In only 2 of those 7 cases am I breaking any overdraft agreements, the remaining 5 are all within limits and being paid regularly by d/d from my parachute account. I am not trying to get rich quick here, just want to focus the recovered funds on the two accounts which I am in difficulty with. Thanks again SilkySmooth
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