chezt V Abbey Credit Card

[chezt]

OK just done prelim to claim back 6yrs of charges on my Abbey Credit Card - dunno if this is in right place as it actually was transferred to MBNA some time ago but all my statements etc still come through with Abbey on the top. So here goes!

[chezt]

Right I need advice already!

 

I've recently started a DMP with CCCS & Abbey/MBNA are not being very co-operative with the plan. They keep phoning & a very rude man from RMA (presumably a debt collection company) called & just put the phone down on my hubby when he said I wasn't here. Finally spoke to them on Friday & said I wasn't pleased how they were rude to my hubby & they said he probably asked what the call was regarding & they couldn't discuss it with him. I said there still was no need to be that rude! He said they had records that we dealing with CCCS but hadn't received anything. I said they had already had 2 letters from me and a token payment & CCCS had now written to me advising they had contacted all creditors giving details of new payments etc. He said they hadn't had anything yet & asked if the Abbey were aware. I said yes so he asked what they said!

 

Anyway, yesterday a card has arrived in the post from them stating ...

'I confirm that I will be calling on Friday between 8am-7pm. If inconvenient then call 08717 506699' Presumably this means call to the house?! Dunno what to do now - any suggestions?

 

I've now prepared my prelim to post 2moro for my claim (which is about 2/3rds of my debt with them!) as I thought this may help stop the 'harassment' if the account was technically in dispute.

 

Any help/advice on my next step would really be appreciated - I really don't want to face anyone on my doorstep!

[chezt]

Anyone?

[bish]

I would give the CCCS people a ring and explain what is happening. I would also ring the number on the card, assuming it is a debt collection agency, and tell them that the account/Debt is in dispute. Back this up in writing as well. Remeber no one has the right to enter your property unless they have a warrent. So if they are debt collectors, don't invite them in. You do need to seek advice from your CCCS people. Hope this helps.

 

Regards bish.

[chezt]

I would give the CCCS people a ring and explain what is happening. I would also ring the number on the card, assuming it is a debt collection agency, and tell them that the account/Debt is in dispute. Back this up in writing as well. Remeber no one has the right to enter your property unless they have a warrent. So if they are debt collectors, don't invite them in. You do need to seek advice from your CCCS people. Hope this helps.

 

Regards bish.

 

Sorry for the delay in replying Bish - I've been kinda tied up on my other claims!!

 

I didn't ring the number on the card as it's one of those premium rate numbers n I HATE those! I spoke to CCCS tho who said I dont even have to answer the door. Also that they should prob 'back off' once they start getting their payments. Anyway I sent my prelim claiming back the charges n guess what???

 

Really nice letter this morning from Abbey C/Card about my financial problems & how they wanna help me through this & they've stopped all charges n interest to make sure my balance doesn't increase!

Wonder if my prelim has had anything to do with this change of tune eh?

 

Lets see what happens from here on then eh!

[bish]

No probs chezt, just glad you have got a result. Keep at them as we all should and good luck with it.

 

Regards bish.

[chezt]

Forgot to add - The DCA called back again after the nice letter ... I started by telling them I wasn't impressed they were so rude to my hubby ... the very professional (NOT!!!) man then advised that 'he probably asked what the call was about & they couldn't tell him 'cos of DPA' .... 'No need to be rude though' I say .... He repeated himself so I butted in .... 'Still no need or excuse to be rude' says me! 'If you let me speak & finish explaining' he says ... 'WELL YOU WOULDN'T LET MY HUBBY WOULD YOU SO WHY SHOULD I??!!' says me!

 

Anway I told him about the letter from & that I didn't know why he was still calling and suggested he checked his records ... he said they had it passed to them & obviously hadn't been updated and that it they were another department (funny that .... I was lead to beleive the were a DCA - not another dept within Abbey!?) so I said 'Not my problem' & suggested he went & sorted it.

 

Before I let him go I said i presumbed they wouldn't be sending someone to call on me & he said he would make sure the call was cancelled.

 

None of this really relevant now - just wanted to make a note incase someone has a similar experience as it can be a bit scary .....

[Lula]

Chetz, in another forum on here is there is a letter that you can send them that reminds them of their obligations and that you can and will report them to their governing body and the Trading Standards office should they not cease and desist harrassing you, I would do a search on DCA's and see what comes up.

 

I will try and dig it out and post the link

 

 

Hope this helps

[chezt]

Chetz, in another forum on here is there is a letter that you can send them that reminds them of their obligations and that you can and will report them to their governing body and the Trading Standards office should they not cease and desist harrassing you, I would do a search on DCA's and see what comes up.

 

I will try and dig it out and post the link

 

 

Hope this helps

 

hi Lula ... think I've seen that too ... is it in the templates?? Anyway, the calls seem to have stopped for now but I'll deffo go with that if summat like this happens again ... I'm not scared now!

 

Thanks for your post .... muchly appreciated

[Lula]

ok, this is the harrassment by telephone letter to send then if the beggars call again, hope this helps

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[chezt]

ok, this is the harrassment by telephone letter to send then if the beggars call again, hope this helps

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

 

Cheers me dears .... much appreciated

[vjtrev]

Hi Chetz,

I have had the same probs and I am also with the CCCS. They told me you can ask them to take your tel no off your acc to stop them harrassing you. The abbey credit card are hopeless, i once spent 27 mins trying to get through to tell them I couldn't afford to pay and was with the CCCS, being past from diff depts then was told they hadn't heard of the CCCS by some snotty bloke. Serious need of training or what!!!

good luck with them I am going to start with them soon

[chezt]

Hi Chetz,

I have had the same probs and I am also with the CCCS. They told me you can ask them to take your tel no off your acc to stop them harrassing you. The abbey credit card are hopeless, i once spent 27 mins trying to get through to tell them I couldn't afford to pay and was with the CCCS, being past from diff depts then was told they hadn't heard of the CCCS by some snotty bloke. Serious need of training or what!!!

good luck with them I am going to start with them soon

 

Yes - I think they employ monkeys (sorry monkeys!) who have no idea how to speak to folk & have absolutely no training!! Very poor service.

 

Hopefully things will settle down with my creditors once the payments start going through ... bit scary when you get the default notices coming through etc but I'm gonna claim back as much as I can from them first & deal with any defaults I can etc later.

[bill-k]

Yes - I think they employ monkeys (sorry monkeys!) who have no idea how to speak to folk & have absolutely no training!!

Well - I just popped in to say "How you doin' ?" - and what do I see ?

[bill-k]

Yes - I think they employ monkeys (sorry monkeys!) who have no idea how to speak to folk & have absolutely no training!! Very poor service.

 

Hopefully things will settle down with my creditors once the payments start going through ... bit scary when you get the default notices coming through etc but I'm gonna claim back as much as I can from them first & deal with any defaults I can etc later.

 

Just popping by with a bit of moral support, Chez. Yes, you have to give these people as good as you get - and then some. You're right, though, they're all monkeys. And as for the gorilla on your doorstep - they never turn up in my experience. I've had a few of those "personal visit to discuss..." cards, and they just send them as a scare tactic. You wait in - quaking in your boots - and a day goes past before you realise what they've just done to you. Five mins to print out a card and post it for them. A whole day worrying for you. War of nerves, it is.

 

But YOU'RE winning it !!

[chezt]

Well - I just popped in to say "How you doin' ?" - and what do I see ?

 

Whoops soz Bill ... am I forgiven? ur obviously much more higher ranking than a chimp!

 

Just popping by with a bit of moral support, Chez. Yes, you have to give these people as good as you get - and then some. You're right, though, they're all monkeys. And as for the gorilla ((Is this your job then??:o )) on your doorstep - they never turn up in my experience. I've had a few of those "personal visit to discuss..." cards, and they just send them as a scare tactic. You wait in - quaking in your boots - and a day goes past before you realise what they've just done to you. Five mins to print out a card and post it for them. A whole day worrying for you. War of nerves, it is.

 

But YOU'RE winning it !!

 

Thanks for the support

[chezt]

Just to update .... Forgot to add I rec'd a letter dated 4th Dec 'we are currently investigating your complaint & will send you a full response by 25th december!!) Nice CQ in time for 'xmas day?????

Also got a default letter dated 2nd Dec 'withdrawing my credit line as I'm now in arrears' (just started DMP with CCCS) ... 'a default notice may be served ...'

 

The 14 days prelim is now up so need to do LBA ... should I now start to mention the default removal ... I'm a bit puzzled by this bit tbh ... can I still ask for removal even though I'll still ava balance once charges are repaid? (sorry for repeating myself in all my threads!)

[chezt]

tell abbey as the account is in DISPUTE they cannot default you until the dispute is resolved, in your LBA.

 

OK thanks I'll do just that ..... presumably once they pay out then they can register another default then?

[chezt]

I received this letter from Abbey a few days ago ... ready for a laugh!! ...

 

'We refer to your recent correspondence concerning default fees (and the others??) on your account. I would like to clarify the situation from our perspective. (go on then )

The way in which we calculate our default fees is confidential and contains business sensitive information, (wot like your profits etc ...!)which could not be disclosed to the public domain. However, we have always set out precisely what our charges are in our agreement with you, as they are an integral part of the terms & conditions under which we are prepared to provide credit facilities. (ah that's ok then!) When customers pay late, we incur substantial costs in dealing with their default. Similarly, we have set credit limits carefuly for each customer and for good reason. We expect every customer to respect their credit limit. if a customer goes over their credit limit, he or she is unsing the card in a way that is not allowed, in effect obtaining unauthorised borrowing. We, therefore, lend more than we agreed to, and take on risks, which were never accepted in the first place. (still awake everyone?!) In the case of both late payments and overlimit usage, and also where a cheque is returned unpaid, we look at the portfolio as a whole and set uniform charges reflecting our costs of dealing with such defaults (YEAH RIGHT! ) of customers overall, as do all other major credit card providers (yeah that's why they also have loadsa folk claiming from them too!). This approach allows us to be clear & upfront about all default charges and the basis on which they are applied.

 

Our view is therefore that the charges that you agreed to are valid, faitr and enforceable. Prior to July 2006, term 3b of your credit agreement with us clearly stated that you must pay £25 each time your payment had not reached your account within 1 day of your payment due date, or when you exceeded your credit limit, or a cheque was returned unpaid.

 

OK here comes the good bit ...... We do value your custom and so we would like to resolve this matter. I have therefore arranged for a goodwill payment of £XXX (?? er how much?? .. the letter actually says £XXX!!!), to be [sent to you by cheque within the next ten working days/credited to your account] (OK which is it????? again the letter actually says that!)on the basis that this is in full & final settlement of your complaint/I trust that you will find this an acceptable resolution. (err again ... which one?!?!?)

PMSL & ROFLMAO at this point ... what a bunch of unprofessional dooo daaahhhs!! do you think they've been getting tips from a forum like this one but for the banks & have used a template letter but forgetting to delete/fill in the blanks??

 

OK, next bit of letter.....

 

'You will know that the OFT issued guidelines in April 2006 for the level of credit card default charged. MBNA disagrees with the OFT's interpretation of the law & continues to maintain that it's default charges have always been fair, legail and transparent (Oh so that's why you won't disclose the details as stated above then..?) However, we decided to reduce our default charges to £12 with effect from 28 june for late and returned payments, and 28 July for overlimit fees. You will have received notification of the changes to the T&C, which we expect you to honour. If you do not do so, we will have no alternative but to cancel your card & to formally terminate your credit agreement (:o )

I enclose a copy of 'Our commitment to you' leaflet for your information. if we do not hear from you within 8wks of the date of this letter we will assume the matter is closed' ((Signed Assistant Vice President))

HAHA ... so do I accept the offer of £XXX by cheque/credited to my account or whatever then?? .... Answers on a postcard!

Off to draft a reply letter to be sent in next few days .... Any comments, snide etc gratefully received & considered!!! PMSL!

[chezt]

Here's what I've done so far ....

 

Letter Deleted as I amended it ... see later post below for new version!

 

 

 

LETTER BEFORE ACTION

 

 

What d'ya think ........

[bill-k]

I must have clicked Unsubscribe again, Chez, as I wouldn't have missed that one for the world !! What a priceless little gem !!

 

Well done, BTW, for managing to compose the reply with a straight face !!

 

I can only add this:

In the penultimate para. I'd suggest you use summat like "It is imperative that you ensure that this is not implemented" as opposed to "Please ensure that no further action is taken with this" - which sounds like you're asking them to do nothing, when in fact they need to get off their @$$es and cancel it.

 

...and perhaps this:-

 

"I feel sure however, that you will not consider this a viable or cost-effective option, nor a multiple-choice questionnaire, as I am not offering any options."

 

....sorry - couldn't help it. No - we better stay serious.

 

Bl...bl....blaaaaaaahaaahhaaaahaaa !! :lol: :lol:

[chezt]

ah just cross out the £XXX write in your full claim total and send it back lol

 

really though your letter sounds fine,tho I do agree with bill about the default paragraph.

 

Great idea!!!

 

I must have clicked Unsubscribe again, Chez,

 

 

I can only add this:

In the penultimate para. I'd suggest you use summat like "It is imperative that you ensure that this is not implemented" as opposed to "Please ensure that no further action is taken with this" - which sounds like you're asking them to do nothing, when in fact they need to get off their @$$es and cancel it.!!

 

OK guys ... sounds good to me ... I'll amend & send!! - Thanks!

 

...and perhaps this:-

 

"I feel sure however, that you will not consider this a viable or cost-effective option, nor a multiple-choice questionnaire, as I am not offering any options."

 

....sorry - couldn't help it. No - we better stay serious.

 

Bl...bl....blaaaaaaahaaahhaaaahaaa !!

 

Bill snide at it's best .... if only I dare ....

[chezt]

Oh Karney meant to ask (Dare I?!) ... wot's with the lettuce??!!?! :-?

[chezt]

Letter posted recorded today (fingers X'd it get's there!!) here's final version which is only slightly different from above...

 

LETTER BEFORE ACTION

Dear xxxxxxxxxxxx

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxxx

I refer to your very comprehensive letter dated 20th December 2006 relating to my request for repayment of charges. I have noted the contents of your letter and I am unable to accept your offer as you do not actually note what your offer is! I am disappointed that despite my request not to do so, that you have simply replied using standard reply templates. This is obvious to me due to the fact that you have failed to complete and delete the appropriate standard areas. I feel that you are not taking my request seriously and am quite frankly disgusted by the level of absent professionalism shown by your company regarding this matter.

I would again draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

As previously advised, I calculate that you have taken £xx.xx plus £xx.xx which you have charged me in interest for the sums which you have taken. Total £xx.xx.

In addition to this amount, I also claim interest at an annual rate of xx.xx% compounded daily as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on your standard rate for purchases that would be applied under the terms of the above-mentioned account. Therefore the total amount owed as of today’s date is £ xx.xx and I am enclosing an updated copy of the schedule of the charges which I am claiming. I already sent you a copy of this in my original letter of the 24th November 2006. Please be aware this is amount increasing daily.

I would be obliged if you could now refund the full amount requested, by cheque and without further delay. Failure to do so will leave me no alternative but to begin a claim against you (in the County Court on 23rd January 2007) for the balance including interest, plus my costs and without further notice. I feel sure however, that you will not consider this a viable or cost-effective option.

I note that since the date of my first letter, I have received a default notice. It is imperative that you ensure this is not implemented as I presume you are well aware that as you have signed up to the Banking Code, you are unable to default an account which is in dispute. If you continue to do so you will be in breach of the Banking Code. I trust this clarifies the situation with this and I would like written confirmation from you advising this action has been cancelled.

I trust this clarifies my position and I look forward to receiving your positive reply. You are reminded that there will be no extension to this timescale.

Yours faithfully

chezt

As I say - Only a few changes from above so the clock is ticking!

 

 

[bill-k]

Letter posted recorded today (fingers X'd it get's there!!) here's final version which is only slightly different from above...

 

 

LETTER BEFORE ACTION

 

Dear xxxxxxxxxxxx

 

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxxx

 

I refer to your very comprehensive letter dated 20th December 2006 relating to my request for repayment of charges. I have noted the contents of your letter and I am unable to accept your offer as you do not actually note what your offer is! I am disappointed that, despite my request not to do so, that you have simply replied using standard reply templates. This is obvious to me due to the fact that you have failed to complete and delete the appropriate standard areas. I feel that you are not taking my request seriously and am quite frankly disgusted by the level of absent professionalism shown by your company regarding this matter.

I would again draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

As previously advised, I calculate that you have taken £xx.xx plus £xx.xx which you have charged me in interest for the sums which you have taken. Total £xx.xx.

 

In addition to this amount, I also claim interest at an annual rate of xx.xx% compounded daily as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on your standard rate for purchases that would be applied under the terms of the above-mentioned account. Therefore the total amount owed as of today’s date is £xx.xx and I am enclosing an updated copy of the schedule of the charges which I am claiming. I already sent you a copy of this in my original letter of the 24th November 2006. Please be aware this is amount is increasing daily.

 

I would be obliged if you could now refund the full amount requested, by cheque and without further delay. Failure to do so will leave me no alternative but to begin a claim against you (in the County Court on 23rd January 2007) for the balance including interest, plus my costs and without further notice. I feel sure however, that you will not consider this a viable or cost-effective option.

 

I note that since the date of my first letter, I have received a default notice. It is imperative that you ensure this is not implemented as I presume you are well aware that as you have signed up to the Banking Code, you are unable to default an account which is in dispute. If you continue to do so you will be in breach of the Banking Code. I trust this clarifies the situation with this and I would like written confirmation from you advising this action has been cancelled.

 

I trust this clarifies my position and I look forward to receiving your positive reply. You are reminded that there will be no extension to this timescale.

 

Yours faithfully

 

chezt

 

As I say - Only a few changes from above so the clock is ticking!

 

 

 

Brill - Chez. Just a coupla typo's was all I could spot. Add the red and delete the green.

 

Hit 'em, matey !!