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    • Hi   I could be wrong here so could @namedisplay please clarify if I am correct or completely wrong?   In your post#1 you mention that due to your health issues and your mental state at the time you rang the Training Room and was told it would cost and initial £200 and then £15 per month until you finished the course.   Then further in post#1 The Training Room told you you were not eligible for an extension because you hadn't completed enough of the course.   With the above I now refer Post#12 which mentions your circumstances are covered by 13 in the TTR Terms and Conditions.   What is mentioned above seems conflicting from TTR for the following:   1. IMO that money of £200 and then £15 per month (on top of original Course Fees) was them at that time agreeing to an extension as per 13 in TTR Terms and Conditions   2. Them stating you can't extend Course as not completed enough of Course is not in TTR Terms and Conditions (that I and others can see) (Note they could be referring to 15 in TTR Terms and Conditions)   Can you clarify the above and were you informed those extra costs were due to an extension of your Course.   Again I will ask did you provide the Training Room with Medical Evidence when you asked the above?   We also still need to see the Letter from Training Room Threatening Legal Action (fully redacted) which you still haven't posted?   You need to send The Training Room a Subject Access Request (SAR) asking for 'ALL DATA' that simple phrase means whatever format they hold that data in whether it be written, email, recorded phone calls etc.   They then have 30 Calendar Days to respond to your SAR Request and that Time Limit only starts once they have acknowledged your SAR Request. They can extend that Time Limit if they need to prove identity before actioning the SAR Request so be aware of that.   A SAR Request is now FREE and make sure you get Free Proof of Posting from the Post Office     Your right of access ICO.ORG.UK   Can you please make sure you answer the questions asked of Caggers to assist you    
    • I've been trying to resolve a issue with 8 PCN issued by Tyne Tunnel 2 (tt2.co.uk). Tyne Tunnel 2 is a gated toll charged tunnel to cross the River Tyne in Newcastle. We moved in recently so all a bit new to us. My dad had been using the tunnel about twice a week and he had been paying cash for the toll fee at the booths. At some point in November 2021 they had done some constructions where the gates had been closed and payments had transitioned to online methods. My dad had been oblivious to this and been on his merry way multiple times thinking that he doesn't need to pay. So he received the first PCN some where end of November which had been issue on the 26th after which point I went on alert and sorted out the online accounts and such. However the current total of fines has amounted to £255.20 and I have appealed explaining that soon as the letters were received we have resolved the issue but they insist on us paying 8 PCN. I feel it's unfair that the fine is for the same offence which we couldn't have rectified or known until we received the first PCN letter and after the first PCN we have rectified it so feel they are being bit draconic. Any advice on this matter? 
    • No need to apologise! I am extremely grateful for both your help   Gosh very good attention to detail going on here   Great thank you, i will put them back as below   Good evening to you   DEFENCE   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.     2.     Paragraph 1 is noted. It is accepted I have in the past had agreements with Lloyds TSB. I do not recall the precise details or agreement nor the claimant either, having failed to provide an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   3.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      4.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or Lloyds TSB pursuant to the Law of Property Act 1925.   5. Paragraph 3 is denied. I am unaware of any Notice of default served.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14.    Therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement ; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence a Default Notice /Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 5th of January 2022 I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 5th of January 2022 I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of 27/01/22 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Does he have a valid claim and can I claim on his behalf??


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I'd write and thank them for their offer which you are considering. However you wish to check the figures and can they please forward their calculation sheet(s) showing the details of the individual PPI payments and the interest calculations on them.

 

These have been supplied to other members when they have asked for them.

 

In this thread the spreadsheet came up with a figure of less than £500 difference on an offer of about £64,000 (less than 1%) which is why my curiosity is aroused.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?354001-Mbna-awaiting-offer-letter-%A364-000-WIN!!&p=3874678&viewfull=1#post3874678

Edited by ims21
forgot the link !

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I've been playing around with my spreadsheet and it looks like MBNA have used around an average of 9.02% interest based on the PPi premiums paid as this calculates their interest within a few pence

 

The APR on the credit card was 15.95% from when the account was opened in 2002 until July 2004

 

17.95% from August 2004 until May 2007

 

18.95% from June 2007 until March 2009

 

9.95% from April 2009 until September 2009

 

15.95% from October 2009 to date

 

I am defintely baffled.

Edited by claireb1983
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Nice little sum for your father. Well done for sticking with it.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Cheque arrived on Friday although I also posted my letter of to them on Friday requestng their calculations so have asked my Dad not to cash it for now. He's over the moon though. Thanks again for all your help :)

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So still havent received a response to my follow up letter to MBNA - checked the Royal Mail tracking site today and it doesnt confirm delivery of my letter so called MBNA to question whether they received it.

 

MBNA have said that as far as they are concerned, they send a cheque and thats their final decision on the matter. Any appeals on figures must go to the FOS?!....great !

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It's not an appeal on figures...you want the data so that you can cheque the figures.

 

You need to make them aware that they are required to give you the breakdown as this is well documented by fos and that of they fail to provide you with the breakdown then you will be lodging a formal complaint with fos which will cost them a further £850.

 

If you then need to dispute the figures you will lodge a separate complaint with fos which will cost them another £850.

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1. Single Premium PPI Q&A Read Here

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3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

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5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

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7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Thanks for that info Ims - much appreciate as I wasnt sure where I stood with this. I thought I was facing the choice of A. accept what they have offered or B. wait around a year for FOS to take a look at it.

 

I couldnt praise MBNA highly enough when they dealt with the claim so swiftly but my experience on the phone today was absolutely dreadful. I was on the phone for over an hour and passed from pillar to post. I think i will stick with writing to them.

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Yes...make a pest of yourself.

 

As I said...others have received the breakdown but MBNA will need to be pressed

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

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3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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  • 2 weeks later...

I have today received a standard acknowledgement letter quoting a new complaint reference number. This is so frustrating...why would they log as a new complaint when all I want is a breakdown of figures.

 

I have just sent an email to Ian Odoherty.

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  • 2 weeks later...

Hi Ims, I have now received the below response from MBNA regarding the spreadsheet that I used and the calculations;

 

 

Fromthe information you have sent us, I also note your comments regarding thecalculated amount of redress provided in our previous response under referencenumber 8******. Our calculator works in accordance with FSA guidance andreconstructs the account on a month by month basis as if PPI had not beenpresent. As such, I must inform you that we are confident that the calculation,and redress provided, is correct. As requested, I have enclosed a copy of thiscalculation for you with this response.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Pleasebe aware that we have fully checked our decision making process. I would liketo inform you that we have looked at your account and found evidence of PPIbeing taken out in July 2001, and have used this in our calculations. I mustinform you that the APR’s that you have quoted us are not the same as theamount that was actually charged, they reflect the annualised rate that isapplied to retail amounts borrowed when interest is charged. By way of example,if your father had used the card for cash transactions then a different ratewould have been applied to that element of the balance, or if he took advantageof the interest free retail grace days then no interest would have been chargedeven though the APR may have been 15.9%.

 

 

 

Imust also inform you that the calculator you have used does not fully capturethe FSA guidance, and as such results in a significant over-estimate of theremediation due to an incorrect application of interest to the calculation. Itassumes a single interest rate for the entire period, wrongly calculatedinterest on PPI in the month it was charged, and incorrectly decompounds theAPR for use on a monthly basis.

 

 

 

Weare obliged to remediate the interest that we have charged that is due to PPI.Within the spreadsheet you have provided, there is no account taken of theactual interest charged. Instead it assumes remediation is similar to a savingsaccount where there is a constant return on the balance owing. By way of anexample, in 2011 your fathers account was charged in total £86.75 of interestaccording to our records. The remediation spreadsheet you have provided isattempting to reclaim £623.27 for that same period. Please note that it is onlyfair and reasonable that we would not refund money we had not chargedoriginally.

 

 

 

Throughreviewing the account, for the entire period, £3,478.20 of interest was chargedon an average balance of £2,060 for a period of 132 months. This gives anannual compounded interest rate of approximately 9% which is furthercorroboration of the amounts calculated. I trust that this explanation issatisfactory regarding the PPI redress that we previously supplied.

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Yes the spreadsheet we use does only account for one interest rate.

 

You now need to go through their calculations and verify that the interest they are offering agrees with their declared rates as the rate charged on the account would have probably changed over a period of time.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks Ims, I have already gone through all the statements and the interests rates were as follows;

 

15.95% from when the account was opened until July 2004

 

17.95% from August 2004 until May 2007

 

18.95% from June 2007 until March 2009

 

9.95% from April 2009 until September 2009

 

15.95% from October 2009 to date

 

They mention a compounded interest rate of 9%?

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From the other MBNA detailed sheets that they supply, they provide a premium by premium list together with the rate applied to that premium. check that the rates quoted on their detailed breakdown agree with the rates that you have put in post #40 taking into account the relevant rate changes and dates.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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