Marbles Credit Card PPI Questions.

[ims21]

Attachment unapproved...personal details showing

[ims21]

Erm...interest rate of 2795%?

 

Don't think so.

[sadwriter]

[ATTACH]43653[/ATTACH]

Erm...interest rate of 2795%?

 

Don't think so.

 

Sorry for late reply, ims, had to turn pc off & go to bed.

 

Yeah, that point (.) is in the wrong place.

[ims21]

OK so that one looks good to go.

 

This is the template for the preliminary letter which you should adjust as necessary...

 

Account number................... ................ date etc

 

Dear Sir/Madam

 

Following media reports,and an investigation into credit card charges by the Office of Fair Trading,which I have recently been made aware of,I now understand,that the regime of fees which you have been applying/applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law,Statute and Consumer regulations,in that they did not/do not, represent a genuine pre-estimate of your actual costs.

 

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law,and in consideration of fair business practices and good faith.

 

It is my contention, that you have failed to operate my account in a manner condusive to the above,and have demonstrated a lack of fiduciary duty.

 

I calculate that you have taken £xxx plus £xxxx which you have charged me in interestwhich total £xxx. Additionally,you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniositiy’ caused directly by the taking by you of penalty charges which you had applied to my account.

 

In recent years,Courts have been happy to accept claims for bank charges that exceed 6 years,whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitation Act 1980.

Should county court action be needed I will be seeking to rely on this.

 

 

Therefore this letter requests a refund of all charges indicated including interest 14 days from the date of this letter.

I request that payment is made directly to me,by cheque,and that any refund in whole or part should not be allocated to any set off or third parties.

Should this occur,my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

 

You now have 14 days to respond positively,and in the absence of this,I will put you on notice with a further 14 days,letter before action.

I trust this clarifies my position.

 

 

Yours Faithfully

 

Enc; Schedule of charges

 

The letter and a print of the spreadsheet goes to the lender.

 

Now would be a good time to really get reading around the forums on charges claims so that you gain the knowledge of the process involved should you need to take this to court.

[sadwriter]

Well, thank you, ims21 for all the time and help you have given to my questions on this matter.

However, i feel i'm not really learned enough to take this any further on my own.

 

I know nothing whatsoever about law, the courts and monetary situations - especially money-go-round problems, hence why i'm in the situation i'm in at the moment.

 

I would really love to drag Marbles to court, but i feel that i'd probably fall at the first fence.

 

Seems the best way forward for me is to ask a solicitor to take this on.

I know it will cost me a third of whatever i'm entitled to, but at least i'll be able to pass this whole mess onto them and be done with it.

I'm totally lost here, i don't understand most of the terms used on these boards.

 

Looking at the preliminary template letter you posted, just blew the wind right out my sails, i don't understand any of it, how could i put something in writing which i don't understand, and then try to argue the toss over it?

It's much too daunting for me, but i know you've tried to help me and i thank you for that.

 

God Bless you all.

 

sadwriter.

[ims21]

Don't be put off. You don't need a lawyer to do this, you can do it yourself.

 

The courts do not expect litigants in person to be expert at law.

 

Have a read of this thread here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**

 

Shelley was not versed in law but took on Barclays and won...in fact they caved in before court.

 

All it needs is some research to get broadly up to speed with things. That is not achieved in a day but all of the information you need is contained in CAG.

 

By reading and learning you will find yourself empowered to take on these institutions and there are many many threads on here where the ordinary person has beaten the banks.

 

Take your time, don't rush it and you will see what I mean.

[sadwriter]

Ok, ims...i'm gonna carry-on, but i just don't get all this claiming for charges and stuff.

I thought, once you claimed your PPI back, then all the interest and charges came with it, i did'nt realise that i'd need to claim them seperately.

If i have agreed to the t&c's of the agreement, why am i now disagreeing with them?

It clearly states on the agreement 'We will charge:-

£12.00 each month in which a minimum payment amount that should have been paid remains outstanding.

£12.00 each month if, at anytime during that month, you go over your credit limit.

£12.00 each time a direct debit, cheque or other item is not paid, including a cheque which you write.

 

We may also charge you for the following special services:-

Sending you a copy statement.

Instructing an agent to make contact with you when you have broken the agreement with us £19 (plus VAT).'

So, if i get into any of these situations, is it not their right to charge me accordingly, as agreed?.

 

I just don't want to end up in court and being laughed right out of there.

Can you help me understand all this?

 

sadwriter.

[ims21]

If your PPI claim is successful then the lender is supposed to refund any charges incurred as a result of the PPI. However they don't do it and hence the need for a separate claim.

 

Regardless of what the T&Cs say, these charges are an unlawful penalty as they do not represent the true cost to them for your breach of contract.

 

There are many many successful cases on CAG where people have taken these companies to court and won their charges back.

 

There are also many many cases on CAG where people have got their charges back prior to court because the lenders do not want to get into court and explain themselves in front of a Judge.

 

I'd suggest using CAG as a reference library and doing some reading of various threads so that you can bring yourself up to speed on things.

[sadwriter]

Ok, thanx, ims

 

sadwriter.

[sadwriter]

Does the letter go to Progressive Credit Ltd, or Marbles?

Thnx.

 

sadwriter.

[ims21]

All letters regarding PPI and charges will go to Marbles.

[sadwriter]

Ok, so i get a letter from Marbles to confirm that my ppi complaint has been upheld, it goes on to tell me that "This payment is being offered on the basis that no further claims or legal action is taken over the matter".

 

On a seperate letter, which came in the same envelope, i have been informed that "As your credit card account was still open after February 2009, when it was transferred from HFC Bank to HBOS Plc, you may be due an additional refund of any PPI premiums paid following the transfer. This matter is currently being investigated. We will write to you to confirm whether you are entitled to any further refund as soon as possible".

 

So, how will i know if i am satisfied with the result if i have not yet had all the refund?.

 

Also, what if i write and request all charges that have been applied to my account...will they see this as "further claims or legal action"?.

 

Do i accept the small offer which is only a puny amount, and then find that the rest of the refund is still not as much as i worked it out to be?.

 

Can anyone advise?

 

Thanks,

sadwriter.

[sadwriter]

Would this letter be ok to send?

 

 

Dear Mr Evans,

 

Thank you for your letter dated 30th August2013.

 

I was pleased to receive your confirmation that my complaint was upheld regarding mis sold PPI.

 

However, it appears that you are only offering this Partial refund “on the basis that no further claims or legal action is taken over the matter”.

 

From my calculations (checked and agreed by learned people on ‘consumeractiongroup.co.uk’) the amount being offered, falls somewhat short. It would be un-wise of me to accept any offer before the rest of my claim has been investigated.

 

 

I've not mentioned the claim for charges that were added to my account as i've not even started that, yet.

Is there anything that you would change or add?...wording, phrases or anything?

 

Thanks in advance,

sadwriter.

[ims21]

Consider this....

 

Dear Sirs

 

Thank you for your letter upholding my complaint and acknowledging that this PPI product was mis-sold by your company.

 

I am not prepared to accept or decline any offer at this time since the investigation, by your own admission, is not yet complete.

 

Before giving consideration to any offer I will require a proper and full account of the offer following the completion of the investigation with another part of your banking group.

 

I would remind you that your offer should include the refund of any charges which were applied to the account and which were solely due to the mis-selling of the PPI, together with any contractual interest applied as a result.

 

I would also mention that I will reserve the right to pursue any further unlawful charges as a separate claim.

 

Finally I remind you that your banking group has 8 weeks from the date of my complaint to investigate my claim fully and make your full offer rather than make offers in a piecemeal fashion. Your failure to adhere to this timescale as laid down by the regulator will result in my passing the matter to fos to deal with.

 

Yours faithfully.

[sadwriter]

Oh, erm...yeah, thats erm...that was what i was gonna write anyway

 

Thats fantastic, ims, thank you very much.

 

sadwriter.

[ims21]

[sadwriter]

ATTENTION!!!...DILEMMA ALERT...DILEMMA ALERT...

 

Well, Ive had my second response from HBOS Plc and they have told me that the second and concluding phase of investigation is complete and they are making me a payment of £1,104.64.

This is as well as the previous one from Marbles.

 

PROBLEM...the offer from Marbles, despite the letter which i sent to them, to say that i was not in a position to accept or decline any offer until the whole investigation had been complete ( thanks, ims21 for your wording on that ) has been credited to my account.

So, i get a letter this morning from Bank Of Scotland with a cheque for the same amount which was credited to my account.

What do i do?....bank it or, write to BOS and tell them they have made a error and i've already been credited with the amount?

Only answers beginning with BANK IT, please:roll:

[sadwriter]

If i have a problem with the total amount offered, who do i respond to, HBOS or BOS ?

 

You see, even with the first amount of money (which they have doubled-up on) i'm still about £1,000 down, going by the 'FosRunningPPI v102' spreadsheet.

How long do i have before i can write and let them know they are wrong?

 

If i upload the FosRunning spreadsheet, can someone tell me if the problem is on my end?

 

Thanks,

 

sadwriter.

[sadwriter]

[ATTACH=CONFIG]46458[/ATTACH][ATTACH=CONFIG]46457[/ATTACH]

 

These are the letters i had from Marbles.

I will upload the FosRunning spreadsheet also.

 

Thanx,

 

sadwriter

[sadwriter]

This is the spreadsheet, as you will see, i've split the original spreadsheet into three as i was trying to figure out how much should be awarded from both HBOS and HFC, not sure if this is the correct way to go about this, 'Dark' and 'Fumbling' are the words which spring to mind, here.

 

[ATTACH]46462[/ATTACH]

Edited September 15, 2013 by sadwriter

[sadwriter]

For crying out loud!!!

 

I've boobed again with the jpg sizes.

 

Anyhow, on the first letter, dated 30th August 2013, Marbles tell me that they are going to refund me £428.44.

 

The Breakdown is this:

Total PPI Premiums...........................................................£331.28

Interest Charged to the Card................................................£65.34

All Credit Interest.................................................................£31.82

 

Total Compensation............................................................£428.44

 

Then, after February 2009, my account was transfered from HFC to HBOS.

 

Next letter from Marbles, dated 11th September 2013,

 

According to HBOS, i'm entitled to £1104.64.

 

Their Breakdown is:

 

Refund of Premiums to date................................£585.47

8% Interest...........................................................£7.32

Interest Charged on Premiums.............................£511.85

Total Compensation.............................................£1104.64

 

So, Total redress is £428.44

plus £1104.64

is £1533.08

 

So, who's figures are right, the FosRunning spreadsheet (mine) or theirs?

 

Thanks for any answers,

 

sadwriter.

Edited September 15, 2013 by sadwriter

[sadwriter]

Would the compound interest have got carried over when the card was transfered from HFC to HBOS?...or would it have started again?

 

Thanks,

 

sadwriter.

[ims21]

Just back from hols....reviewing and will post shortly

[ims21]

OK something doesn't match.

 

The actual premiums are about right but the interest doesn't seem to stack up.

 

I would write back and get them to send you a detailed breakdown of how they arrived at their offer, premium by premium. Tell them that you are not in a position to accept or decline until you have seen their workings.

[sadwriter]

Thanx, ims

I've been trying to fathom out what i'm supposed to expect back from these people by using the Compound Interest Calculator here - http://www.egalegal.com/compoundWindow.html and then putting the new figures in here - http://www.bllaw.co.uk/services_for_businesses/insolvency_and_recovery/simple_interest_calculator.aspx but, it seems that the Compound Interest Calculator is giving different totals each when i go back to check earlier figures i've entered.

Anyway, its looking like i should be expecting a couple £1000, and this is just from the first part of the claim, the one which they offer me £428.44.

 

I'd really love someone to go through all the figures i have and confirm my expectations, i don't quite know what i'm doing

 

Thanx for the advice on getting back to Marbles and asking them to explain their stats, was going to go that route anyway but, i phoned them couple days ago and told them that my figures don't match theirs and that i was not happy, the lady said that if i was not happy with the results then i could always try FOS.

 

Am gonna write to them anyway and see what comes back.

 

Thank you.

 

sadwriter.