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    • Hello, Following the submission of my defense, last night I received an email from DCBL indicating that the claimant intends to proceed with the claim (I've attached a screenshot of the email for reference) along with the N180 directions questionnaire. I'm unsure how they obtained my email, but I suspect it was through the courts' form when I completed the Acknowledgment of Service. This email almost slipped my attention. I have also today received a letter from court to state they have received my defense.  It appears they are requesting an online telephone hearing with the court. Could you please advise me on the necessary steps I should take at this point? Thank you for your assistance. Letter-Email 25-04-24.pdf N180 - Directions questionnaire (Small Claims Track).pdf
    • Default Amount £9237.88, all this started in 2006 Admitted debt £9075.65 Weightmans added £1515.01 immediately they became involved, no explanation The Statement shows when Marlin bought debt in May 2011 £10439.25 Their statements, not received until the SAR, are based on this. Cabot deducted £1515.01on their statements in January 2019, again did not find this out until SAR. Weightmans added in  2007 after the CH1 etc was confirmed by the court £741.50, made up of Process server fees, Court Fee (they tried for bankruptcy), Solicitors fee and Land Registry fee. Unspecfied Legal costs were added by Marlin in March 2015, again I did not know this until statements received with SAR I had been paying monthly, without exception until December 2018. I am minded to take the property charge, CH1 amount ,deduct all my payments and the subsequent fees, and request/demand a refund on the final payment made? I consistently disputed Weightmans balances, but they never responded. I also told Mortimer Clarke/Cabot that I disputed their amounts.  
    • Just follow this link and have read of some threads so your familiar with the process https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track/#comment-5178739
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androobe v FD


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OK, so after 30ish days to get my statements and notes from FD, I sent off my first letter to FD last week. All charges plus contractual interest.

 

Quick on the first response but knocked off one of the charges plus all the interest in their initial offer. The charge they knocked off they claim was refunded at the time - the only time I can see they may have refunded it was a couple of weeks later when there was "An Adjustment to your account" for the penalty plus a few pence, but as the account was being amalgamated with another I thought it was an adjustment between the two. Notes don't say anything about the refund either, so I don't know how they're going to prove to me it was the refunded charge - or maybe there is more info than they have sent me?!

 

Second letter off today as partial acceptance, still asking for the rest. Looking at other cases, can't tell if there is much of a pattern to FD and interest - anyone know whether they normally pay this before court action? Bearing in my claim is for a little under £500?

 

LBA next week regardless!

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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Hi androobe - in the same boat as you - letter received this morning offering refund of all the charges but no mention of the interest - rang them and they stated they don't refund interest??? Have started my own thread on this and asked for advice. Have told them I am still claiming the interest and why not. As I stated, if the charges were not taken, I would have been accruing interest on this money in any event. Have claimed 22.52% - charges from 01 -0 03 so it does mount up to quite a bit of money.

 

Good luck with your claim:-)

Kendraflo:confused:

 

Halifax - S.A.R 8/9/06 - Overdraft facility removed 21/9/06 - threat to close account - Default Notice lodged 06.10.06

Mint - S.A.R - 8/9/06 - Statements received 03.10.06 - Prelim letter sent for £268.13 03.10.06

First Direct - S.A.R 8/9/06 - Statements received 21/9/06 - Prelim letter sent 21/9/06 for £410.00 - settled in full

First Direct - S.A.R 21/9/06 - for husband's old account

Barclaycard - S.A.R 8/9/06 - Statements received 16/9/06 - Prelim letter 18/9/06 for £496.25 - Part offer received 22/9/06 for £228.00 - Rejection letter sent 25/9/06 - MCOL issued 8.10.06

MBNA - S.A.R 8/9/06 - Partial offer received 6/10/06 - full offer & interest received on 6.10.06

ACE CARDS & GIFTS - S.A.R - 19/9/06 - statements received -27th September - vouchers received in settlement - 4th October 2006 - £235.00

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Well, I haven't heard anything further from FD so my LBA is in the post on Monday.

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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LBA on it's way, they have until 29th before I file my MCOL - almost £500.

 

Anyone know if they always refuse to settle before MCOL if you add interest?

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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Hi there, I sent my LBA on 31st october, so just one day left for them to reply before I begin action. They sent me another letter a week ago offering £1300 (I am claiming £1756) which I accepted as part payment. They seem to be holding out until the last minute with everyone.

 

Will let you know how I get on - Good Luck

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Responded my LBA offering the same amount as before. Assuming I hear no more beforehand I'll be issuing MCOL for the extra 8% + court fees on top of the previous claim. Don't they realise they'll lose more by not being reasonable at this stage?

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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Filed my MCOL today, after I gave them a quick call to confirm that the last letter was their final response. When the guy said that they'd been very reasonable in what they offered, I asked him how it was reasonable when they had acted unlawfully in the first place. He went very quiet when I asked why they hadn't defended a few of the higher cost claims against them if they were so sure they'd win - surely this would put people off claiming? Strangely enough he couldn't answer that one.

 

Anyway, the clock is ticking and they just threw another £200 in interest and court costs out of the shareholders and directors bonses!

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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  • 2 weeks later...

Update on this... FD have ackowledged... nothing more yet, they've got until 3rd Jan to defend or pay up.

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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  • 2 weeks later...

Letter from DG received asking for breakdown of charges!!! NOT HAPPY! I have provided these to First Direct THREE times. Called them and got voicemail (obviously paid enough to take today off), left a polite but very firm message saying I have already provided this info, and will use this ridiculous request as evidence of them being unreasonable and asking for additional costs from them. I await a response!

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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androobe, looks like you are in a very similar situation to me! See my thread.

I didnt claim 22.52% but used 19.9% EAR (unauthorised overdraft figure).

 

Do you think its likely that they will pay this if I pursue it? Also I thought that you could claim contractual OR the 8% fee when going to court not both?

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  • 2 weeks later...

OK, so FD have now filed a defence... have been sent an AQ by court and it's been moved to my local court.

 

No response from my voicemail on 22 Dec, so I wrote to them this week with another breakdown, they received this on Weds but I've heard no more so far. Think I'll hang fire on the AQ for at least a week to see if I hear anything further before continuing with this.

 

Oh, and their defence was all but useless, it went on about charges for setting up overdrafts and that it can't be a penalty because it wasn't a default charge (so they have instantly admitted charges for defaults are penalties!)... will perhaps put full details later but their main defence was based around the fact that the charges were for a service.

 

On a separate note, I also got a letter this morning from Marbles (who are also part of HSBC group) offering a full refund, INCLUDING CONTRACTUAL INTEREST (16.9%).

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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No you don't have to have a solicitor... just be well prepared!

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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OK, so I've received a letter from DG today... basically they are offering me full refund of all charges (got that offer ages ago) PLUS 8% interest and court fees. Oh, and they are still asking for payment to be kept confidential.

 

DG/HSBC/FD if you're reading this - THE LONGER YOU TAKE TO SETTLE THE MORE PEOPLE WILL FIND OUT ABOUT IT... and THE MORE YOU WILL LOSE!

 

They have denied my claim for contractual interest. Very very standard letter written as if I still have an account with them, and ignored many of the points I made in my previous letter. Think I will continue to pursue them for the lot. Whatever happens I'll be helping as many people as possible to claim back from them!

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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Not given a reason... simply says "Your claim for contractual interest is noted and denied"

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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  • 2 weeks later...

My claim has now been transferred to the mercentile court in Leeds along with over 60 others (against different banks).. getting very interesting now! See this thread:

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/52143-directions-hearing-leeds-4.html#post500946

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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  • 2 weeks later...

Well, I've had another letter from DG asking me to reply to their offer.. which I already did. The court date is 7 Feb so only just over a week away now. I think I'll just send them a letter reminding them of the total new amount as the interest is going up, see if they offer it in the next week or actually turn up in court!

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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Finally received the letter I've been waiting for... FD have offered full refund of all charges plus: Contractual Interest, Statutory Interest, Court Fees and my own costs.

 

Never give up, they will ALWAYS pay up in full before court.

 

They have asked for confidentiality, which of course I will not be giving them. They will also have until Tuesday to get the cheque to me or I will still expect them in court on Wednesday :-)

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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The site is about guidance, every case is different. Basically I was claiming contractual up until the point where I issued moneyclaim, at that point I added on the 8% - after all the contractual is what they had charged me anyway, and the 8% is what I could have had if the money had been mine and I'd invested it somewhere. So it seems pretty fair to me. In addition to this they messed me around by asking for the same info over and over again, and ignoring many points in my letters, so I started charging them for every letter and phone call I had to make.

 

Basically it has proved they are still VERY scared of any case going to court. They will try everything in the book to reduce the claim if they can, but when court is under a week away they stop taking any chances. The joke is they could have settled with my 2 months ago for about half of what they've ended up having to pay out.

 

If anyone wants more details on my case feel free to PM me.

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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