Fob Off letter from Marbles next step

[pebbles26]

Got a reply from marbles this morning after sending my inital request for payment of £250. Basically saying default charges are charges payable by the customer if they do not make the minimum payment required or go over the limit. It also states that the charges are clearly set out in the HFC'c credit card agreements and they believe there charges are fair and reasonable. Also states that they do not accept the OFT's ruling but have however reduced there charges to £12, regretablly they cant refund me and hope thewy have been of help to me.

 

So now time for LBA to go off hopefully ill get a partial offer with that

[pebbles26]

Sent LBA off on saturday 28th October received reply today dated 31st October with partial refund of £125.00 which i would like to accept as its the difference between the £12 and £25 charges. Just a bit dubious about signing the form that says full and final settlement as at the moment i pay all my bills through payplan and they have currently stopped all interest and charges so i think they are being fair as i have saved about £200 in last 18 months with this being stopped any advice???

[gordonhall]

Hi Pebbles,

 

As always, it's your choice to accept the money. HOWEVER, why not accept it as part payment, and tell them you expect the balance soon, or you will take them to court.

 

And don't think the banks are being fair - they are doing the least amount they can to get away with as much as possible. If they were being fair, they wouldn't be charging us these extortianate charges, nor would they send us fob off letters.

 

The £12 that the OFT mentioned in its report is NOT a legal amount that banks can charge UNLESS the banks can prove that it actually costs them that much. All the OFT have said is that they won't take a bank to court if they charge £12 or less - and hey presto, all the banks suddenly drop their charges to £12 to avoid OFT court action. Is that fair?

 

Don't feel sorry for the banks. They have taken, you, me and millions of others to the cleaners with charges, high interest rates and all other mecenary tactics over the years.

 

As I say, if you want to accept the money and sign your form, good for you. However, if you want the rest of the money they have unlawfully taken from you, then better for you!

 

My advice - stick to your threat that you wrote in your LBA.

[pebbles26]

Thanks for your reply just debating whether to accept or not? or whether its worth ringing to see if they offer me anymore?

[gordonhall]

No. Just start the moneyclaim. It really isn't that much of a pain. It will cost you £30, which you've already had refunded, so you're not out of pocket, and sit back and wait. Also, don't forget you'll be able to claim your interest, sao you'll have another few quid to claim.

[pebbles26]

In the letter i received from them it states ' goodwill gesture will be refunded to account once signed form has been returned stating i will not claim anymore against them' adn the £125 is in full and final settlement thats why im not sure as if i accept i have to sign but then ill be giving away my right to claim anymore

[gordonhall]

YOu will be giving away your right to make any further claims against the amount you have already asked for. However should they make further unlawful charges, you can make further requests for refunds, but NOT on the amount that yoiu have already asked for.

 

Does that help?

[gordonhall]

You can see I've made a number of claims, but I'm now regretting not claiming for a higher interest rate (16% or so) rather than the contractual rate that I got of 8%.

 

I only say this because I still believe the banks have treated us unfairly and I would like to see them acting lawfully in the future. The only way we can rectify this wrong is to reclaim all our money back.

 

Selling yourself short doesn't do you, or them, any favours.

 

Don't rush, make your decision over the weekend once you've been able to think it through properly.

 

Bottom line is, as long as you've made a thourough, absolute decision, there is no wrong decision. Whatever you decide will be right - for you.

[pebbles26]

Thanks for all your help im going to sit on it like you suggest over the weekend

[royboy68]

Hi Pebbles, why wait for the weekend to pass. It cant hurt making a quick phone call. If you read a couple of the latest threads there has been a few of us that have had the part refund offer and have telephoned and recieved an immediate offer of the full ammount. It would seem that we have all had the offer from the same guy a James Ball. Strangely he even gives you a landline number to contact rather than the usual 0870 number.