Marbles Credit Card PPI Questions.

[sadwriter]

You need to track down who the data controller is for the Marbles Card.

 

.

 

You mean, his/her name?

[ims21]

No no...sorry.

 

I mean the corporate body who is the data controller, the one registered with the ICO.

[sadwriter]

Aah, ok.

 

Thank you.

 

sadwriter.

[sadwriter]

So, could this be the fella?:-

 

 

 

Registration Number: Z1019555

Date Registered: 20 August 2007 Registration Expires: 19 August 2013

 

Data Controller: AVIEMORE FUNDING LIMITED

 

Address:

 

FIRST FLOOR

11 TOWER VIEW

KINGS HILL

WEST MALLING

KENT

ME19 4RL

Other Names:

 

MARBLES

MARBLES CARD

[ims21]

Yep...good find

[sadwriter]

Ok, i've had all paperwork back from HBOS plc and according to statements, i've calculated that i've paid £928.84 in PPI.

Also, i notice that i've made late payments, resulting in a charge of £12.00 for each (14 x £12 =£168.00).

 

Can anyone explain to me what 'Late Charge Assessment is?....according to some statements (5 in total) i've been charged £20.00 each (£100.00 total) for these.

 

I'm now in the process of writing a CCA to find out what i actually signed for.

In the meantime, can anyone help me with the above, IE...can the card company charge me £12.00 for late payments?...and what about that 'Late Charge Assessment', what is that?

 

Hope anyone can help.

 

Big thanx in advance.

 

sadwriter.

[sadwriter]

Erm, i'm stuck already... LOL!

 

I'm trying to enter the statement details into the fosrunning spreadsheet but i've just noticed that i'm missing a statement (September 2003) and cannot seperate how much interest and ppi to add to the spreadsheet.

 

It's only a total of 61 pence spent in the month (interest and ppi), but would a small amount make much difference as i progress through the spreadsheet?

 

Thanks for any help/advice.

 

sadwriter.

[ims21]

No, just estimate it and you'll be ok

[sadwriter]

No, just estimate it and you'll be ok

 

Thank you, ims

[sadwriter]

Anyone got any answers for the questions in post #31, please ?

 

sadwriter.

[ims21]

Anyone got any answers for the questions in post #31, please ?

 

sadwriter.

 

Hi

 

Sorry...missed that one ...apologies.

 

Late charge assessment is also a penalty charge which can be reclaimed along with all other over-limit and late payment fees.

 

This is the spreadsheet you should use to assess what they owe you for these items

 

CISheet v101.xls

[sadwriter]

Oh ...thank you very much, ims.

Was not aware i could claim these too.

 

sadwriter.

[sadwriter]

Hello again

 

May i request a little more help?...i have cca'd Marbles and it appears they know where i'm going with this.

 

Although i wrote and asked them for a copy of the agreement, i did not ask them for a true copy of the signed agreement (which i should have, i know).

 

Anyway, i have received a copy of the 'current executed agreement' along with a signed statement of my account.

However, the letter which came with the agreement and statement, mentions a 'copy of the original signed agreement' and goes on to advise me about keeping up the payments, the contract not being void and how confident they are that the original agreement (which they say "are not able to provide a copy" of) would have been signed by the customer.

The letter in full:-

 

Dear sadwriter

 

Account Number: xxxxxxxxxxxxxxxx

 

I write in response to your request for a copy of your consumer credit agreement under Section 78 of the Consumer Credit Act 1974 (CCA).

 

I have enclosed with this letter a copy of your current executed agreement and a signed statement of your account.

 

At the moment we are not able to provide a copy of the original signed agreement, however we can confirm that our procedure has always been to obtain our customer's signature to an agreement containing the prescribed terms before entering into a credit card agreement. As such, we are confident the agreement remains enforceable.

 

By providing you with the documents attached, we have satisfied our obligation to provide a copy of the executed agreement under Section 78.

 

However, even if an agreement is unenforceable, the contract still has legal effect and is not void, the lender is merely prevented from seeking an enforceable order from the court. It has always been our process to ensure that an agreement complying with the CCA requirements would have been signed by the customer before setting up a credit card account. Should this matter proceed to court, we will produce evidence to confirm this.

 

If you are using the services of a claims management company we would like to remind you of the warnings issued by the Ministry of Justice and Citizens Advice Bureau. I refer you to a quote from the Ministry of Justice that reads "Businesses that mislead the public by claiming they can arrange for unpaid loans, credit card debts or other consumer debts to be written off have been told to stop or face action".

 

Finally, we must remind you that failure to make payments under this agreement will result in collection activities and default may also be reported to Credit Reference Agencies.

 

Yours sincerely

 

 

Anne P Gartshore

Manager, Card Services

 

 

So, how should i respond to this?

 

Surely, if, as they are saying, they are unable to provide a copy of the original signed agreement, how would they do so in court?

 

Any takers?

 

sadwriter.

[ims21]

They assume too much.

 

You have received sufficient information for your purposes as far as PPI and charges reclaims go so just crack on with what you started out to do.

 

Forget their ramblings.

[sadwriter]

Thanks, ims.

 

So, do i now request a true copy of the original signed agreement?

 

Thank you,

 

sadwriter.

[ims21]

What do you need it for?

[sadwriter]

What do you need it for?

 

Erm...dunno!

 

Just following what everyone else has done....y'know, like, ok...let's see where i asked and signed for ppi, then!

 

So, do i just ask them to give me my money back?

 

sadwriter.

[ims21]

Erm...dunno!

 

 

 

 

 

 

Yeah you don't need the agreement to get the PPI reclaim or charges claims underway.

 

So you got your SAR data back...did that include copies of all the statements of account?

 

The general process for a card reclaim is to prepare a spreadsheet and a fos consumer questionnaire and send both to the lender. Whether you have all the statements or not will determine which spreadsheet to use.

 

The fos consumer questionnaire is available from here.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

For the charges side of things this is the spreadsheet you will need.

 

CISheet v101.xls

 

For a charges reclaim you submit a print of the spreadsheet and a preliminary letter requiring refund. They will probably refuse in which case you then send a "Letter Before Action" requiring a refund and of they still refuse then you issue in court.

 

When you have done your charges spreadsheet we can move on to the next step with that.

[sadwriter]

Ok, i'm with you.

 

I've already filled in the spreadsheet, but the questionnaire requires a date on which the agreement was supposedly signed, hence one of my reasons for a request for a copy of the original agreement (date, times, names etc).

 

 

sadwriter.

[sadwriter]

Ok, i'm with you.

 

I've already filled in the spreadsheet, but the questionnaire requires a date on which the agreement was supposedly signed, hence one of my reasons for a request for a copy of the original agreement (date, times, names etc).

 

 

sadwriter.

 

EDIT: by the way, i thought the FosRunning spreadsheet was for live credit cards ?

[ims21]

If you have got all of the statements or transaction history then you can get an approximate date the accounts was started. No need to beat yourself up too much about the date...it will be clear what the PPI is and the amount of redress that should be offered.

 

FosRunning spreadsheet is used to create the reconstructed account whether live or paid off.

[sadwriter]

Ok, done the CIsheet, what do the figures in col. K represent?...i have 13 rows of #####

and then, underneath i have 9 rows of money figures.

 

Have i messed up somewhere, or is it meant to be like that?

 

soz, don't understand anything i'm doing here

 

sadwriter.

[sadwriter]

I think someone needs to help me out here...according to my figures, i'm owed about 1 and half million pounds.

I'm trying to type this with one hand, as my wife is fighting to get on the computer and book a cruise around the world.

 

sadwriter.

[ims21]

 

Something not right then.

 

Post up the spreadsheet and I'll take a look.

[sadwriter]

I've re-done the sheet, still don't know if its right, though