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    • What advice would you give about Amex. Should i set up a payment plan directly with them or wait until they contact me. I have not had any letters from amex for 1 year and NCO have only contacted me in the last few weeks. Many thanks for your help. Just to mention my only income is the state pension.
    • Okay. Thanks. Nice piece of research. You should come and volunteer for us a bit if you get fed up with your day job stop The recipient is clearly in a position of trust. I wonder if he is self-employed or an employee. Let's assume that all of the consumables/perishables which were included in the parcel are no longer available. That leaves you with the WMF cutlery set which is presumably what you really want. I'm wondering whether you should start to correspond with him directly by letter to his home and also copies to his work address. I think if you made it plain that you know all about him and where he is and that you are prepared to escalate this matter even to the point that his employers might discover what has happened, you could find that there would be an agreement whereby he would return what is left of your parcel to DHL. You could then take up the question of the value of the missing items – the loss of which can clearly be compensated by a pecuniary award – with DHL. You wouldn't be able to guarantee success – but you could have some fun – and we would help you. If it failed then you could still proceed against DHL as I've already described. An advantage is that this approach really wouldn't cost you very much other than some damage to your Karma – but I dare say you could find some interesting outlet for that. It seems fairly clear that this person has acted with intent to deprive you of these items. Does that give you enough of the – grudge factor – to pursue this?  
    • If it's with debt recovery, you can ignore them. As we've said, you only respond to a Letter Before Claim/Action.   HB
    • Sorry I didn't mean to come across like that. My bad.  I definitely appreciate the time.  I will go through it again, but I have no documentation, no yellow slips, no letters, nothing.. all binned... Because as far as I am aware, these people write their own laws, so I write my own too, just tell them to f off.  I will read over them all but not sure how trying to clear up some ntk slips now will do anything, it's all been passed to debt recovery, I think anyway, because I never answer unknown calls.  Anyway sorry I have gone on... Maybe we should close this here. 
    • Conversion is a tort – and references to it are contained in the Torts (Interference with Goods) Act. Generally speaking if you sue in contract or negligence then you wouldn't be getting your goods back. You would simply be getting financial compensation. That's the way the courts work. The basic premise is that everything can be compensated by a payment of money. When we deal with special values such as sentimental/expectation losses then you have to reassess. However, if you are simply concerned with the replacement value then we would simply be talking about money. The idea of suing in any kind of tort whether it is the tort of conversion or the tort of negligence is to put you back into the position that you would have been if the tort had never occurred. Returning you to your pre-incident position is generally considered to be putting you into that position in terms of monetary value. So if you run into someone's car and cause £500 with the damage – then you are entitled to recover £500 and that puts you into the position you would have been if the accident never occurred. If you suffer the loss of something that has a particular value to you which may not be of value to anyone else – then things get much more complicated – especially if you're suing  in contract or in negligence because generally speaking remedies are assessed on a replacement market value.  A sentimental item may be worth very little on the market and couldn't be replaced simply by finding out the going rate on eBay or in the shops, for instance. If you are  suing in conversion then the natural remedy to be awarded by the courts is an order for the return of the items. Of course you face additional complications if the items have been sold on or damaged. I have to say it seems to me that you are better off not having your German chocolates. There are much better ones around – but that  is a matter for you. Of course, everything I said in my much earlier post about the disadvantages of suing the actual recipient still stand and in fact if you did sue that person, it would be in the tort of conversion. Basically you would be saying that that person has usurped the rights of owner. They have converted your property into their's. (We talking about ownership/title here). I hope you understand how messy it would be to have to sue the alleged tortfeasor in Liverpool and if you are simply prepared to go with replacement values – even if we can enhance the value because of the special value to you, by suing DHL – how much easier it would be. It's good news that DHL apparently carry items up to €500 – and also good news that the value wasn't declared. This means that they would not be able later on to try and argue that because the original contract with the sender was based on a £200 declared value – or a £200 German statutory maximum, that you wouldn't be entitled to claim anything more. We would have been able to overcome that – and of course at the end of the day if they put their hands up to £200 then they would be really stupid to start putting their heels in for an extra £ton. Of course I'm sure that you would like to go for the recipient. It would be very satisfying – but there would be considerable risk factors in terms of the economic risk  I have explained in my earlier post. It's up to you. We will help you do either – but if you want a quick resolution to this then as I have already said, DHL is your target. Of course you could then hope that DHL will challenge the recipient and attack them – but that will never happen. DHL want a quiet life and just get on with business and making money – which isn't altogether unreasonable. If you sued the recipient, then if you are able to establish dishonesty on their part then they could be a question of punitive damages – but I would have to look that up. I think we would then have to think about suing that person in trespass which carries with it the sense of not only having usurped rights of owner but also having delivered an insult to the true owner by deliberately interfering with their goods. You would have to establish the dishonesty of the recipient which would be another complicating factor – although the fact that you have attempted to contact them and they haven't responded and they have blocked your messages will be extremely helpful. Also if it came to court and they had to admit that they had eaten your dog treats and fed your German chocolates to the dog, it wouldn't go down well and the judge would be disposed to award you some punitive damages – but it probably wouldn't be more than 300 or 400 quid, I would have thought – and of course at the end of the day you still have all the problems of enforcement. I'm afraid people often know lots about their rights and about how to assert their rights – but they never think about enforcing their rights. You will find this to be the case where the you go to Resolver, or citizens advice – or most other agencies.  
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scaz40

Are my calculations correct? MBNA CC PPI Claim FOSCISHEET - help

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This forum has been amazingly useful to me in my claim for PPI mis-selling vs MBNA. To cut a long story short; I attempted to claim mis-sold ppi directly with MBNA who rejected the case. I then approached the FOS who (some 12 months later) have upheld my complaint and have informed me that MBNA will be making an offer of compensation.

 

In order to calculate what I may be offered I have used the FosCISheet v101.xls. My concern is that this spreadsheet has calculated a SUBSTANTIAL amount of compound interest based on 2.5292% per month 30.39% APR. The credit card dates back to 1995 and I have (foolishly) always had an outstanding balance. The compound interest calculation is well into six figures! Can this be correct?

 

Help and advice most welcome.

 

Paul

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I would suggest you have something wrong.

 

might be an idea to goto the interpretive calcs thread on the MBNA forum

 

and ask them to pop in to your thread

 

you could also post up [attach via the bottom right go advanced button, then manage attachments]

 

your spreadsheet , HOWEVER remove you name & account number from the spread 1st

 

dx


..

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ah just seen the sheet title

 

you should be using the running sheet.

 

pop and read that thread

 

dx


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This is the spreadsheet you should be using

 

FosRunningPPI v102.xls

 

You will only be able to complete it of you have all of the statements.

 

The CISheet won't give you the correct figures.


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

 

1. Single Premium PPI Q&A Read Here

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4. The CAG Interest Tutorial

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5. Feel Bullied by Creditors or Debt Collectors?

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6. Staying Calm About Debt

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7. Thinking of a Full & Final Settlement?

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Cool thank you. Unfortunately I don't have all of my statements dating back to 1995 I only have the information from the SAR.

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Cool thank you. Unfortunately I don't have all of my statements dating back to 1995 I only have the information from the SAR.

 

Sadly you won't be able to get an accurate estimate of the interest due back to you.

 

If and when any offer is made you will need to get MBNA to forward a detailed worksheet to you in order that you can check their figures.

 

As you have probably seen, MBNA do not appear to be calculating redress correctly so you may well be in for a long haul on this.


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 ims21. I am about a third of the way through the MBNA redress thread! I will be interested to see what offer I am made based on nearly £12,000 PPI payments since 1995.

 

Will continue to read the MBNA thread.

 

Thank you for your help.

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Sorry scaz40, they don't pay compound interest, only associated interest + 8%

 

 

Tony B

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Can you ask for it if you take it through the courts?

 

Good Luck , I have an MBNA CC charges battle about to start


WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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Only restitution. On that amount you will need legal advice. good luck on finding a solicitor who will take it on as they have ties to the banks, as I have found,

 

My claim has been going on three years now and I am no closer to finalising as the bank still don't know how to do the calc's, so I am told by the FOS, despite having all of the statements from 98.

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What agreement is yours?? I have a April 98 MBNA mastercard gold same as Harrison v link


WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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My account was a standard Visa card but then split part of the credit limit to a Platinum card.

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Hey scaz40,

How did they do that? the reason I ask is it looks like something similar is on my Main Comms log but I could not work it out. It refers to loans at some points.

feel free to PM me.

 

Jack


WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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looks like these are getting harder. I would not attempt it but it is in my counterclaim


WON lloyds walked away after second hearing £10,000 2014

 

WON Mbna after 3rd hearing £5,000, 2014

 

WON Barclaycard 1st hearing £2015, 4,500

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