Need Some Advice Please.

[GuidoT]

RCR 50 - If you want to add CI you should not just add it in (for the first time) when you issue the claim form. It should be in your prelim and LBA. As you know this differs from statutory as this should not be claimed until the claim form is issued (Nevos' post 75 is mistaken).

 

If you are now claiming contractual then I would re-issue the prelim and LBA with the CI calcs. Others will probably say there is no need to issue both, but I would.

 

You are getting very brave (post 62 above) these days with CI.

 

Reference is made in your post 74 to a business account, are you aware of the new business templates here?

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/64975-business-claims-basic-guide.html

[nevos]

Thanks Guido T: I was always under the impression that you could apply the CI at the claim court filing stage and in the alternative the s69 as your not guaranteed to get it, and the Banks will fight much harder on this aspect.

 

 

[GuidoT]

Hi Nevos - you are correct, you can claim SI as a fall back position from CI when filing your claim form and the banks usually put up a more rigorous defence with CI.

 

However, as you are now aware, if you are claiming CI you need to include it in the prelim and LBA, whereas with SI there your should not include the interest calculations in those 2 letters.

[nevos]

Thanks again GuidoT: I'm sure your comments will help others and clear any misunderstanding.

[RCR50]

Nevos and Guido

 

Thank you both very much for your replies....very kind.

 

Guido - I shall indeed send a new prelim letter I shall begin by saying that it is further to the letter that I sent on the 7th because of of an oversight on my part where I did not add any interest onto my claim and then I shall continue with a replica of the same letter sent with the additional interest on it. Guido - I know. it is very brave of me ( ) but I figured that it would almost double the claim without interest and also I have managed to persuade myself that I m not a helpless victim, do have rights and this is a closed business account that bears no relation to my current a/c with them and on that basis they should have no legal right to be retaliatary and call in authorised facilities that I have with them or close my a/c.

 

I am leaving my current a/c with a larger claim for a later date but have decided to also reclaim charges on my MBNA credit card......I don`t know quite how to approach them for my statements over the last 6 years - despite reading over and over the site.....I must seem absolutely hopeless!

 

Anyway - thanks guys for your help......hope all is going well with any outstanding claims you might have.

 

Best wishes

[GuidoT]

Such drama - you are getting extremely brave.

 

I would not refer to your previous letter at all.

 

They may have no legal retaliatory right, but that may not stop them from doing it - they think they are above the law.

 

Explain to me a little more about MBNA and we will be able to help.

[RCR50]

Guido hi

 

Its the drama queen again!!!!Thanks for your reply. You say not to refer to the first letter at all - so just send in another letter with the contractual interest? Guido, you aren`t supposed to be saying that they shouldn`t but they might!!! I am trying to be really `brave` here!!! - seriously though - do you think they have more chance of being retaliatory if I do add CI? (I don`t think there can be any more threads where they are on page 4 and still not got the prelim letter sorted yet!).

 

I just thought that I would claim my charges back from MBNA - my credit card....I doubt there will be a great deal of charges but I do not know how to approach them for my statements though - I got my statements online and from my business accounts/books with LTSB. There is a letter on here for asking for statements but it didn`t seem quite the right approach to me and I am not sure where to send it...does it just go to the address on my statements.

 

Guido, maybe I should have cashed in on being so dramatic and been an actress....at least I would not have ended up reclaiming bank charges.

 

Thanks for you help....much appreciated.

[RCR50]

P.S.

 

This is actually page 5

[GuidoT]

I would not be too concerned regarding retaliation, I have not seen much by way of posts regarding this from Lloyds. Just in case have your opened up a parachute account?

 

Not sure about claiming back credit cards. Open a thread in the forum below and I am sure someone will help:

http://www.consumeractiongroup.co.uk/forum/mbna/

[RCR50]

Guido hi thank you.

 

No - not opened a parachute a/c yet but really should...Thanks for reassuring words re LTSB (I think from what I have read on this site LTSB should actually stand for `Long Time Slow B*****s` (excuse my french - I am a lady really but they sound so scary to me).

 

I have found a really kind soul who has sent me the exact letter to send to MBNA.

 

Thanks again.

 

All the best.

[RCR50]

I posted my prelim letter on 9th February for my business a/c only just asking for my charges back. As you know I have been unable to make my mind up about asking for contractual interest (authorised 18.9%) mainly because I sort of like my bank (sorry guys!) and also out of fear of them being retaliatory.....This morning I posted a new prelim letter `with` contractual interest added to the claim. I started the letter by saying that it had been an oversight on my part and was an ammendment to my original letter and this time I used the business letter from here.

 

However....on arriving home from work there is a letter from LTSB in response to the original letter. It is dated 15th Feb so they responded fairly quickly. I also have to say that it is a `nice` letter - I am sure that it is just a standard letter......she explains they are completely open and honest about any charged for services before we take them on etc etc - explaining that it is easy to keep abreast of my balance and I could always ask for a temporary OD etc to cover any possible problems etc etc.

It says that I mention the new guidelines from the OFT on `credit card defaults` (I didn`t mention `credit cards` at all) and she says they do not agree with the OFT`s thinking on this and they are still talking it through with them.

She says the important point is that the guidelines are about `default` charges that people pay when they break an agreement with us. The fees we charge for dealing with your request to go over your agreed overdraft limit are not default charges because you haven`t broken your agreement. They are our prices for the service we provide.

Please let me know if there is anything else I can do to help etc etc etc and if we cannot come to an agreed solution after this I will help you refer your complaint to the Financial Ombudsman Service for independent advice.......If she has not heard from me by 12/4/07 she will close my file though she is happy to re-open it if I should come back at any point.

I don`t know whether this is helpful for people claiming on a business a/c

The address of the reply was...

Customer Service Recovery Centre (Debbie Gilbert - Team Manager)

Charlton Place

Andover

Hampshire

SP10 1RE

I sent mine to Colmore Row (I live in London/Kent).

It was a nice letter from them....but then, I am a soft touch which is why doing this is so difficult for me.....(I need to get my head around the fact that this lady is just doing a job that she is paid to do and it is not her personally that I have a dispute with and this ultimately does not affect her in any way).

I have sent the other letter now....should I just do nothing - wait 14 days from when I know they have received it and then send the LBA?..

 

Many thanks.

[elsinore]

Hi RCR50.

 

1. It's a template letter which has been received by just about every LTSB claimant.

2. It's bunkum!

 

I have an almost identical letter on file, which I received months ago and I'm just about to be paid out, prior to court proceedings.

 

Just continue with your timetable and don't let LTSB's blandishments fool you. It's all designed to make you quietly go away.

 

Elsinore:)

[nevos]

Hi, It is a standard letter.

 

You must have been sore about the charges to complain at all and if they were you they would want to get the money back so, don't feel obliged to bend and stick to your guns. Banks are in business to part you from your money which, they are rather good at, if your business gets in trouble they will hammer you! If they will give you an overdraft so will another bank. Go for it!

[GuidoT]

This is just Lloyds standard nonsense. There is no lady, the person probably does not even exist, therefore it is not going to affect her.

 

Stick to your timetable Prelim 14 days - LBA 14 days, then claim form.

 

Do not be concerned about them, they do not care about you. The banks are abhorrent money making machines without regard to the human tragedy they may leave in their wake - now who is getting dramatic.

[elsinore]

now who is getting dramatic.

 

Calm down, dear, calm down!!

 

Elsinore

[RCR50]

Thanks guys

 

I am so glad that you are here.

 

Guido! - such drama!!!! Thank you

 

Nevos - thank you.

 

Elsinore - so pleased that you are about to get your money back. Thanks for your help.

 

Best wishes to all.

[GaryH]

Do not be concerned about them, they do not care about you. The banks are abhorrent money making machines without regard to the human tragedy they may leave in their wake - now who is getting dramatic.

 

True though - especially Lloyds! http://www.consumeractiongroup.co.uk/forum/lloyds-bank/41562-spiritgirl59-lloyds-bank.html

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/41729-pen-lloyds-tsb.html

[RCR50]

....

[RCR50]

Gary hi

 

Thank you for the thread....They were absolutely heartless in that case....Also it has given me seriously cold feet.

I did close the business a/c three years ago when I stopped trading but I do have a current a/c with them - my claim on that one is slightly larger but I have not sent it in yet - am still sitting on it....I thought that I had managed to obtain a loan from a different bank to clear my authorised overdraft with LTSB but it was declined at the last minute because they felt that I had far too many other financial commitments (which is very true) - apparently my credit rating is fine......But despite having closed the a/c and having a sweetheart of a business bank manager who still sends me a christmas card with a kiss on it! I don`t think I can go through with this now.....I am fearful that I might end up in a real pickle if it all goes wrong. You would not have thought they would make them close their current a/c because of a claim on their business a/c would you..

 

Also - Gary, what confuses me - and I don`t know whether you might know the answer. Why do they treat everybody so differently? Notlam for instance won his claim with LTSB and he had an authorised overdraft facility which they allowed him to keep - he swiftly withdrew his pay out (or rather `payback`) from his a/c and he said they were even helpful and courteous.....he even claimed contractual interest and compensation....To allay my fears he said, `Why would they treat you any differently and how good would it make them look if you went to the papers about them behaving in a retaliatory manner`.....It did help give me some courage to put in my claim (being a `lovie` again Guido and all theatrically dramatic) but having read that thread I don`t think I can go through with this now and might just let it drop.

Gary - do you actually know why they treat customers differently - some sailing through with uncomplicated claims with no come back and others not?

Anyway - sorry to ramble.

Thanks again for pointing that thread out.

Best wishes

[GuidoT]

I will not allow you not to continue - you must be brave and carry on.

[photoman]

Cold feet are for Eskimo's.............who probably don't have Bank accounts !!!!

[GaryH]

:o Oh no! Sorry - that was'nt the intention!! I linked that to show you what swines they are so as you would'nt feel guilty about wiping the floor with them!

 

Spiritgirls case was a rare occurrance - a one-off even, in that she has been having various disputes with them going back years. They won't close your account, don't worry - or its highly, highly unlikely anyway.

 

Go on - stop flapping and get your money back!!!

[RCR50]

Thanks Gary

 

I have chilled and will continue with things.

[RCR50]

Hi guys

 

Just a quickie to say that you were all right. I sent in the ammended letter with contractual interest added and today I received a replica of the letter I received initially - I shall wait several more days and send in my LBA.

 

Best wishes.....Take care all.

[GaryH]

Excellent - thats the spirit!