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kendraflo

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  1. I had a secured loan with EPF for £45,000.00. When I settled early on 29th June 2006, I was charged £1,941.79 early redemption fee. I was also charged on settlement two lots of interest £329.68 on 15/6/06 and £329.68 on 29/6/06. I was also charged £120.00 sealing fee, £23.00 account service fee, £18.00 letter fee. I wrote asking for these charges back -and an explanation as to why I was charged two lots of interest. this is the reply I received - can anyone advise if I have a case or not. Many thanks. “Thank you for your recent contact informing me of your complaint. I am concerned to learn that you are unhappy with the fees and charges levied to you account. I have taken this opportunity to review the background of your complaint and have given careful consideration to the comments you have made and all of the information available to me. I have completed my investigation. I am unable to uphold your complaint and have summarised below the basis on which I have reached this decision and hope that my explanation clarified matters. Defafult charges are charges payable if customers do not make the required minimum payment by the payment due date, if they exceed their credit limit, or if, payment is not made on time, or is returned unpaid. The amount of these charges and the circumstances in which they are applied, is set our clearly in Endeavour Personal Finance’s credit agreements. We believe that Endeavour Personal Finances charges to customers are fair and reasonable. In April 2006 the Office of Fair Trading (OFT) published the findings from its enquiry into default charges payable in respect of credit card accounts. Endeavour Personal Finance has carefully considered OFT’s publication but does not accept the principle that its findings apply to your type of account. Accordingly, I regret that we are not prepared to make any refund of the default charges payable or provide any compensation. The amount of £329.68 debited to the account as interest on 15th June 2006 is the monthly interest charged for June and covered the period 16th May 2006 to 15th June 2006. The amount of £310.72 debited to the account on 30th June 2006 refers to the interest due to the settlement date. When we calculate a settlement statement, we adopt the same procedure for calculation of the settlement date as for loans regulated by the Consumer Credit Act, which is to calculate the settlement date a minimum of 28 days in advance of the date a statement is calculated. In this instance, the statement was calculated on 19th June 2006, (It was not dated 19th June, but it was dated 16th June – I have a copy) 28 days hence is the 17th July 2006. We are entitled to charge interest on 19th June 2006, 28 days hence is the 17th July 2006. We are entitled to charge interest from the date interest was last charges prior to receipt of the request up to settlement date, and the amount of £10.72 represents interest from the 16th June to 17th July, a period of 32 days. It is important that you issues are fully addressed. Therefore, if you have any further queries relating to this matter, or remain dissatisfied, please do not hesitate to contact me and I will arrange for your complaint to be escalated. Alternatively, you may follow the steps detailed on our internal procedure.” Yours faithfully
  2. after issuing a MCOL on 12/3/07 and after receiving a defence and an offer by Clydesdale Bank on 10th April I have now received a letter from them on 30th April stating that I have issued against the wrong defendant. They have now retrated their offer. They state CLydesdale Financial Services and Clydesdale bank are two different organisations. I put CLydesdale financial services on the particular and pressed look up address which brought up an address for yorkshire bank. I can't believe this is happening now. My question is do I have to start all over again or do you thin the COurt will change the details of the defendant and not charge me another £50.00. I cannot believe that Clydesdale bank have only just realised the mistake. Any advice any one please.
  3. Hi Hazzersdad Thanks for the advice - will leave it another week to see if the other statements turn up with more detail on, the statements do list the payments made and the 6 failed DD but no mention of the actual charge for each DD failure. Can't work out what the Charge listed is for - this comes to 2,837.40 and Collect activity fee of £75.00 - they have stated a rebate of £748.37 (whoppee) but as I say charges of over £2K. Am interested to see what their breakdown of these are - I hope these are reclaimable - as this is for just one account and very interested in what the others might reveal.
  4. Hi Datxman & Miss Moneypenny After advice, I have kept a note of the amount for prep and postage - I am claiming £9.25 per hour - total of 2 hours & 10p per sheet for photocopying and £1.80 postage - I have typed this up on a separate sheet and if it gets to Court will produce this then - if they decide to settle before I will send them a copy of my claim then . Hope this helps.
  5. Hi datxman I made the claim for my husband - haven't heard a thing from Barclaycard since I got the court date - 3rd March. I submitted my Court Bundle to them and the Court last week - I am used to doing these as I work as a Legal Secretary and used to go to the County Court quite often through work - husband is scared stiff - he keeps saying that he hopes it settles before Court as he wouldn't know what to do - told him not to worry - wondered if I could go with him? does anyone know? I can handle myself pretty well and am not easily intimidated by solicitors or barristers, having worked in the legal profession for many years. I can't understand why Barclaycard have dragged this out - submitted bundle early in the hope that they may now settle before it gets to 3rd March. I am also claiming time for preparation of the bundle - I believe £9.25 per hour is the going rate and of course photocopying charges and postage. Will keep you informed of my progress.
  6. I too have prepared my Court Bundle for hearing on 3rd March - was going to send it off tomorrow - am interest to put in charges for copying and preparing bundle etc as well - can anyone shed any light on this? I assume you put your charges on the up to up to date schedule of charges you are claiming - at the bottom I suppose. Would be helpful if someone ca clarfify this for me - can we claim postage as well?
  7. thanks les, Friend has asked whether he should be taking anything with him for this Allocation Hearing? Does he have to sort out a bundle etc and if so is a template available for ERC - seen the one for bank charges - if he does need to prepare a bundle is this the one he uses?
  8. After receiving my statements, sent off prelim letter and got ususal reply - offered me paltry £72.00 - sent letter stating would accept offer in part settlement but would still claim for the remainder. They then sent me a cheque (in my maiden name) for the £72.00 and said that's your lot. Rang then and told them that this was no use to me - they asked for my marriage cert again (I have sent this twice now) - told them they had already had it - if they were going to be funny they could stick the £72.00 - got a call after christmas saying they had realised their mistake and cheque for £72.00 would be sent out within next 14 days - meanwhile issued MCOL at the beginning of January - Crap One have stated they will defend all of claim?? (can't see how as they have agreed to part payment!!) - this morning received cheque for £72.00 in my married name!! My question is - how long before they pay up after MCOL is filed? - do they go all the way or will I receive the remainder soon? - they have until the end of January to send me their Defence. Anyone know?
  9. Hi, Friend of mine has filed MCOL for repayment of ERC - over £3,000.00 in total - received a defence and now having completed Allocation Questionnaire, and received a copy of the Abbey's Allocation Questionnaire has received a date for Court - having phoned the Court has been told the Allocation Hearing is on 13th MArch 2007 before a District Judge. Friend is a bit apprehensive about this, Abbey are wanting to move case to County Court?? and not SMall Claims Court - I have told Friend that as his claim is under £5,000.00 as I believed it they cannot do this and it must proceed in Small Claims and Abbey cannot claim their costs, as friend is saying this is what they are wanting to do. Has anyone experienced this? What should friend do? He is a bit scared about the whole process. Should he now sort out his COurt Bundle etc? Can anyone advise?
  10. Can anyone help me with the interest rate for GE Capital Money - used to be First National Tricity Finance - bought something on buy now pay later from Northern Electric -= got statements - was charged £20.00 a few times for unpaid direct debits - want to claim interest on top - don't know what rate to use - cany anyone help? Thanks:)
  11. Hello, After a long haul, where I had filed MCOL against Barclaycard, I have now received a Court date for 5th March 2007 at my local County Court. Can't understand why Barclaycard have let this get this far, only £200 odd pounds to start with - not a lot to them I suppose. Can anyone tell me how how it will be before I get my money - will they wait until just before hearing to settle? Hope not!
  12. kendraflo

    Egg Play Dirty

    Hi Stansfield5131 -my payments are uptodate - I have a direct debit set up - never missed a payment yet - was shocked when I got the letter saying that - they are bullys, you are right about that!
  13. kendraflo

    Egg Play Dirty

    After Sending Lba I Have Received Letter From Egg - Firstly Stating They Hadn't Received My Prelim Letter - Funny That As I Sent It By Recorded Delivery And Have The Printed Proof Of Signature From The Post Office. Secondly What A Surprise They Are Disputing My Claim (which Was For Late Charges, Exceeded Limit Fees And Ppi Which I Never Agreed To - They Say I Did In A Telephone Conversation In Dec 04 - I Asked For Proof And They Said They Can't Provide It), So I Rfeceived A Letter Off Them Basically Telling Me That If I Took Court Action With Regard To My Old Credit Card Account, They Would Call In My Loan To Them Which Is Roughly About £2,000.00 To Be Paid Within 28 Days - Nice Eh! Dirty Trick Egg - Shame On You. So I Have No Choice - I Can't Afford The £2,000.00 At The Moment So Will Have To Discontinue Claim - It Was Only For £300.00 - Seems To Me Egg Are Hellbent On Defending All Claims Against Them. I Hope That Someone Cracks This One Soon.
  14. Filed Mcol After Receiving Bogoff Letter To Prelim & Lba. After 2 Weeks Of Nervous Waiting And No Acknowledgment Off Mint I Entered Judgment. In The Meantime, Unbeknown To Me, They Had Cedited Card Account With Half Of Amount Claimed. (don't Use The Account - Have No Balance On And Cut Up Card Months Ago). Contacted Mint To Say That I Had Entered Judgment And When Could I Receive The Cheque - Snotty Lady Said "you've Already Had Money Credited, Don't Know What You Are Talking About - What Is Judgment" Went On To Explain To Her - She Said "you Have To Put It In Writing" - Told Her I Didn't Have To Do Anything Of The Sort - I Would Issue A Warrant Of Execution - She Said "fine" And Hung Up. So, On Friday After Giving Them A Week's Grace To Send My Cheque, I Issued The Warrant. Paid The £55.00 Fee, So Now Mint Have An Extra £55.00 To Pay To Me - Hope The Bailiff's Go Into The Office!! Will Be Ringing The Court To Check On The Progress On This One. Think They Must Have So Much On Their Mind With All The Letters Coming In They Forgot About Little Old Me And My Mcol.
  15. Can any moderators give me some advice here please
  16. Hi have made a mcol. Papers were deemed served on 31st October - no Defence has been received - was told by the Court they had until 14th November to file a defence - tried to enter Judgment by default today - message received that I can't enter Judgment at this time - can anyone shed any light on this for me.
  17. Hi have made a mcol. Papers were deemed served on 31st October - no Defence has been received - was told by the Court they had until 14th November to file a defence - tried to enter Judgment by default today - message received that I can't enter Judgment at this time - can anyone shed any light on this for me.
  18. kendraflo

    Argh!!

    HI Elky - What a ****ty thing for them to do - if I were you I would start the process off right now, that way you may get some money in time for xmas - I hate Barclaycard - they paid half of my charges straight away and have now left it until the last minute of my MCOL to file a defence - they are so annoying!!!
  19. Thanks Roydoson for the advice - sincerely hope you are right - I know thats the risk you take in issuing - just nervous about the whole Court process.
  20. can any moderators shed any light on the interest situation with first direct? Need help please
  21. Hi androobe - in the same boat as you - letter received this morning offering refund of all the charges but no mention of the interest - rang them and they stated they don't refund interest??? Have started my own thread on this and asked for advice. Have told them I am still claiming the interest and why not. As I stated, if the charges were not taken, I would have been accruing interest on this money in any event. Have claimed 22.52% - charges from 01 -0 03 so it does mount up to quite a bit of money. Good luck with your claim:-)
  22. Letter received this morning offering £635.00 but makes no mention of the interest husband is claiming. Rang them this morning - spoke to "Carolyn" - letter signed Maureen Watson (she was there but wouldn't speak to us - this "Carolyn" kept putting me on hold and speaking to Maureen and then coming back to me!) - they say they don't refund interest - I said that the first letter said if I was dissatisfied them I could write to Robert Kernaghan which we did on 2nd NOv - they received our letter but did not put it before him - I have told them that I want my letter placing before him and I am claiming interest and if it goes to Court (which I will issue) they will end up paying more than I am claiming now. She still insisted they do not pay interest out 0 only refund of charges. She said Mr Kernaghan is "the highest person who deals with refunds - you can't get any higher than him" and she will put my letter before him and he should reply within 7 days. Am I right about this interest situation - the interest rate I have claimed is 22.52% and stands at £564.44. Could anyone shed any light on this for me. Thanks
  23. Received letter this morning from First Direct offering me a goodwill payment of £540.00 on £650.00 charges - they did noty mention the interest claimed - rejection letter going off tomorrow.
  24. Thanks Angi, Thanks Brian - Am feeling a bit deflated at the moment with the process - I started out on a good rool - First direct & MBNA paid up straight away - have had terrible problems with the Halifax - they have been really obnoxious and a pain in the backside since I requested the statements. When I rang today I spoke to a man who was really off with me - I told him that I would take this further - he said "If the letter says you won't get your charges back then why are you ringing - you will not get another decision on the telephone - what a Prxxx!! Am going to proceed with the MONEYCLAIM - want to prove I can get my money off these jobsworths - should I wait until 14 days up from LBA or just file now - way I see it they have made their positon very clear - so why wait? Also one other question - I claimed overdraft interest - when I issue my MCOL should I put thiss interest rate in that I have put in my schedule or 8% If I put 8% it is lower than the overdraft interest - it's not very clear what to do - do I change the interest rate on the particulars to the overdraft interest rate or can i caim a further 8% on top of what I have claimed already? pLease can someone clarify this. This is the first time I have claimed the interest on a claim. Thanx Kendra
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