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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – who were the owners of the house. This was in 1999. We talking about 20 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the story you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I wouldn't supply this to their solicitor but if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me but we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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Hi all - I've successfully claimed from MBNA for missold PPI - incredibly easy so I thought I'd have a go at Barclaycard.

 

I submitted SAR and got 6 years of statements showing my PPI active from 2006 - 2007 when I cancelled it (I realised it was a pointless expense).

 

However I noted PPI has been on the account since 1989.

 

Now initially BC turned down the complaint so I went to the FOS and strangely they've caved in as soon as the FOS process was started.

 

I've received a letter from the FOS telling me I will receive an offer by the 4/1/13

however I'm not sure what a fair offer would be - ie will it only be for the year I can show PPI payments or should it include the payments back to 1989?

 

As I can't prove how much I paid can I be paid an amount based on a average yearly balance etc and do barclays keep records like that?

Thanks all

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Did you not prepare your own Spreadsheet ?

 

If you have your statements, you can still do this.. I have attached a spreadsheet below.

 

They should actually send you a breakdown of the premiums and interest they are paying with the offer.. if not, you can request this before accepting.

 

[ATTACH]40007[/ATTACH]


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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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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I'm afraid I didn't do spreadsheet and fos have the statements. But what I'm interested in really is whether I'll be credited with the ppi payments from 1989 to 2006 that I couldn't get statements for?

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I'm afraid I didn't do spreadsheet and fos have the statements. But what I'm interested in really is whether I'll be credited with the ppi payments from 1989 to 2006 that I couldn't get statements for?

 

In theory you should be- you have paid these premiums when you shouldnt have.

 

There have been reports where people have indeed received the premiums from way back.. I think the most recent one was the Co-op where the claimant was repaid from 1995 !!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?367801-PPI-on-Co-Op-Loans-from-1995-96-%2A%2AWON%2A%2A-%A33k

 

However, there have been instances where unless the claimant is able to back up their claim with statements, the banks are only going back as far as 6 years.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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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Well from SAR I have proof that PPI was applied to account from 1989 to 1997 - I was wondering if Barclays could be compelled to make a payment based on a average yearly balance which I've heard some people have been paid - no references though I'm afraid

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Hi there

- I'm rather confused re ppi payouts using the fos spreadsheet -

 

I'm currently awaiting a payout from barclaycard and foolishly didn't do a spreadsheet when I had the statements.

 

Effectively the account has run at nearly 16k for last 7 yrs but has had ppi on it from 1989 till late 1997.

 

The only PPI I have statements for comes to about 600 quid in payments which using the spreadsheet comes to about 900 quid with interest.

Surely this can't be right?

 

I would have thought that the 600 quid would be applied to the account from that date negating the interest on that 600

and also therefore increasing the amount paid off the principle by the monthly payments.

 

If I work on 25% on the 600 for the 6 years plus the amount each month that would be applied to the principle as a result I make it to be about 12k to be taken off my account balance

- does this seem possible or am I barking up completely the wrong tree?

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If you fill in the spreadsheet correctly it will reconstruct the account as tough the PPI and associated interest had not been applied and ten gives you the figure for the potential award.

 

Post up the spreadsheet you have prepared so we can see what it looks like.


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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

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5. Feel Bullied by Creditors or Debt Collectors?

Read Here

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Two threads merged...please keep to this one thread for this Barclaycard PPI issue.


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.

 

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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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barclaycard are known to take the PPI figure from the earliest 3 statements

and back calculate that in a decreasing manner to the start of the A/C.

 

just type in barclaycard PPI

 

in our gray toolbar search box.

 

DO NOT TRUST THEM

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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barclaycard are known to take the PPI figure from the earliest 3 statements

and back calculate that in a decreasing manner to the start of the A/C.

 

just type in barclaycard PPI

 

in our gray toolbar search box.

 

DO NOT TRUST THEM

 

dx

 

Sorry for the second thread thought slightly different issue - however I'll keep an eye on them!

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I'll post the spreadsheet tomorrow or should I pm it? Anyway when you say barclaycard take 1st 3 ppi payment then average it out - in my case would that mean 3 payments in 2006 then run that backwards to 1989 when it started (decreasing of course)? Or does it mean they'll just look at 3 payments and run an average forward to 200z when I cancelled it?

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no backwards on missing data

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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no backwards on missing data

 

dx

 

That could add up to a lot as it would be about 35 to 40 quid decreasing from 2006 to 1989.........

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You will need this spreadsheet.

 

FosCISheet v101.xls

 

BC stopped the PPI in October 2007 but the balance on the account included the PPI and associated interest up to that date. The PPI balance and interest was £1176.87.

 

In the attached spreadsheet, enter that figure as the PPI payment and the "from" date should be set to 1/11/07. The "to" date should be set to today and the interest rate should be set at the purchase rate they were charging on the card.

 

This sheet will give you another figure...add it to the result of the sheet you have already done and you should be there.

  • Confused 1

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

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Well its late January and offer from BC not turned up yet.

 

The offer according to customer services bod is with the dept that deals with this.

 

However this dept in BC is so focused on getting their work done they have no telephone to be contacted on

- not even on the internal BC system.

 

Utter [naughty word] I think but not much I can do unless anyone knows different?

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Well the offer has finally arrived and is less than it should be if I had more statements but more than I expected. So a win as far as I can see at present. Now in waiting game having sent my acceptance back by special delivery so I know when its arrived.

 

Now my main question is about when the payment is likely to arrive. I requested BACS as I don't want delays with cheques and postal delivery errors. B/C are quoting 28 days which I think is ridiculous as its a matter of receiving form then paying. However is this 28 working days (ie 5 1/2 weeks) or a straight 28 days (4 weeks)?

 

Incidently how can an organisation that depends on us spending money 24/7 only operate 9 to 3.30 monday to Friday when paying its customers back?

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They quoted 28 days to me also.

 

I accepted on August 14 2012 and received payment by BACS almost 60 days later....

 

I phoned them a lot of times chasing the payment in the early days.... They probably delayed me because of my persistence lol.

 

Hope your payment arrives more quickly!


It never rains but it pours...

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They quoted 28 days to me also.

 

I accepted on August 14 2012 and received payment by BACS almost 60 days later....

 

I phoned them a lot of times chasing the payment in the early days.... They probably delayed me because of my persistence lol.

 

Hope your payment arrives more quickly!

 

Well that's not reassuring but I shall wait and see. I did try the if its delayed then I'll need payment revised upwards for interest but they have countered with its calculated on 8 weeks payment window. That's a more likely payment date I think. I'll continue to chase as I'm really annoyed by their delaying tactics.

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Well todays "chasing" phone call was slightly productive in that the customer service rep has confirmed the 28 day payment window starts on day they receive acceptance letter. Admittedly they're out by one day as I sent by special delivery and confirmed date and time of signature but I'll allow 29days......

It was also useful to discover its 28days - not 28 working days - therfore 4 weeks from receipt of acceptance not 5 1/2.

Still seems an awfully long time to get a bit of typing done though.

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Well todays "chasing" phone call was slightly productive in that the customer service rep has confirmed the 28 day payment window starts on day they receive acceptance letter. Admittedly they're out by one day as I sent by special delivery and confirmed date and time of signature but I'll allow 29days......

It was also useful to discover its 28days - not 28 working days - therfore 4 weeks from receipt of acceptance not 5 1/2.

Still seems an awfully long time to get a bit of typing done though.

 

Agreed, it is interesting that it takes them so long to write out a cheque for a customer in respect of monies they have had control of for a very long time !!


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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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Agreed, it is interesting that it takes them so long to write out a cheque for a customer in respect of monies they have had control of for a very long time !!

 

Its not even a cheque! All they have to do is reduce the account balance to zero and transfer the rest by BACS to my account. Simples

 

I can vaguely understand that it will take time to calculate payment (although I assume pretty automated now) but once calculated and agreed how can that take 4 weeks....

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Ah well its been 29 days since the efficient staff at barclaycard received my acceptance - time for another call I feel.

 

Incidently I feel the customer service rep I spoke to last has a different view of reality to the rest of the financial world.

 

Despite my acceptance letter being signed for as a special delivery letter Barclaycard only views it as delivered when it turns up in the relevant department.

 

Does this mean that barclaycard will consider that when I receive their bill it becomes payable in 28 days from the date I open it not from the date it drops through my letterbox?

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I spoke to the Barclaycard PPI team on Friday afternoon thanking them for their offer

to put me back in the position I would have been had they not applied the cover,

but highlighting that they have offered to refund my premiums,

associated interest and statutory interest,

but not for my phone calls,

postage,

cost of SAR and time.

 

Apparently their seperate customer service team will contact me by the end of today - Fingers crossed!

 

Have you tried that?

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I spoke to the Barclaycard PPI team on Friday afternoon thanking them for their offer to put me back in the position I would have been had they not applied the cover, but highlighting that they have offered to refund my premiums, associated interest and statutory interest, but not for my phone calls, postage, cost of SAR and time. Apparently their seperate customer service team will contact me by the end of today - Fingers crossed! Have you tried that?

 

I haven't but I'll give it a go! Totally hacked off that the amount they're offering exceeds amount on card but whilst I'm waiting for payout I'm being charged interest. Obviously if I stop paying them a default will be placed on my credit file so they have me at present

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