Need Some Advice Please.

[RCR50]

Hi everyone

 

Many thanks for your replies and for your support and encouragement which is greatly appreciated. I haven`t been checking in for a while - busy - and I didn`t know about your posts, so aplogies for not responding sooner. You guys are great and I am so glad you are here.

 

I had infact put MBNA behind me - they paid 280 into my account and I was happy to just let it go but having just read your posts I think that I will continue.....I think it would be pointless to contact them at all....they have stated without any doubt that unless I accept this 280 goodwill gesture and their £12 charges they will close my account....I am sure that if I wrote again I would get the same reply - as happened to you Reddeath with capital one - well done by the way....really pleased for you. I think perhaps that if I continue I should just go straight for the court action without notifying them and deduct the 280 they paid from the claim....can I ask whether you agree. I think that to write again would be futile.

 

I know that you will think me wrong but I have hung on with LTSB - they sent me a letter in response to my LBA saying they would respond within 4 weeks - that 4 weeks is up next Tuesday when I shall go straight into my court claim......As you know, they did not receive my prelim on my current account for 3,200 and I will resend that to colmore row and one to gresham st. Colmore row is where I sent my business account letters and they always respond from there......To be honest, there is a part of me that really does not want to be dealing with all of this.....and if it were not for you all here I certainly would not have the courage at all.....Thank you to everyone....Thanks Elsinore and Photoman. Mioliere, I hope your mum`s prob with Nat West is sorted soon and good luck with your claim - keep us posted. Red death, thank you - I don`t accept your £15 charges however and might have to send you a LBA lol...

 

Many thanks again....

 

Take care........all the best.

[elsinore]

I think perhaps that if I continue I should just go straight for the court action without notifying them and deduct the 280 they paid from the claim....can I ask whether you agree. I think that to write again would be futile.

 

Hi RCR, pleased you've changed your mind!

From what I have read about MBNA's shenanigans, they don't deserve any consideration. Just press on with your claim, suitably modified.

 

I hear what you say about your reluctance to deal with these matters, but you will feel very different when your claims are settled in full!

 

Els

[mioliere]

Many thanks RCR for your kind words re my mum's dispute with Nat West and, if I were you, I would carry on with your claim. I am still dealing with Lloyds TSB and part of me just wants to give up but i have to keep remembering that it is MY money,not theirs! I had success with my son' claim against Nat West so that has given me more hope! Good luck to all who are fighting the 'big boys'!

[RedDeath]

Glad you are back. Stuck at work so i'll catch up with you when I get home.

 

Go get 'em!

[RedDeath]

RCR,

I would carry own down with the claim. If they offered you 270 I would imagine the total claim would be around £800. Add interest, a wee bit of stress and anguish and costs, and it should mirror my claim with capital one.

I am shocked that they actually threatened to close your account. I don't believe they can do this. I had actually found a bit of law that you could quote but I can not seem to find it. I will carry on looking for it.

So have you already sent LBA?

If that is the case its time to go to court. Fill out the forms, post here if unsure and then send them a letter stating that as they did not fully resolve your claim you are now proceeding to court and give them the date of the hearing. Then say that you are also sending their threat to close your account to the OFT and copy the letter in to MBNA.

Stand your ground and claim it all back!!

[RCR50]

Elsinore, Mioliere and reddeath,

 

Many thanks for your replies....Thank you Elsinore, I shall just go ahead without an LBA with MBNA.....I am going to sit down on Sunday and put everything together - including everything ready for the court claim with LTSB should I not hear by Tuesday....I feel sure that I am probably going to be a nuisance and post if I get stuck over something.....Reddeath, I can almost sense a pm coming on for Sunday.....Thank you again.

 

Best wishes

[elsinore]

Thank you Elsinore, I shall just go ahead without an LBA with MBNA

 

Hey, RCR, I didn't realise you hadn't sent an LBA. I would not have said 'just press on' had I known that. It really would be wiser to send an LBA before commencing your claim.

 

So why did they cough up £280? Was it after a prelim letter?

 

Els

[RCR50]

Elsinore hi

 

Yes, I sent the prelim with £10 for my statements.....They paid the £10 into my account and wrote back saying they would respond by a certain date.....They did respond with a list of my charges over the past 6 years and a letter saying that the OFT approve £12 - The 280 seems to be the amount over the 12 pounds if that makes sense - They made a `goodwill` payment of 280 into my account and the letter said that unless I accept their terms and conditions of charging £12 they will have to close my account with them......They said that if they had not heard from me within 8 weeks they will consider the matter closed.

 

I also have a problem (principles - fair do`s - right and wrong etc) how do I justify claiming back all of the charges if the OFT have approved them....

 

Anyway...so no, I have not sent an LBA. I have sent the LBA to LTSB on my old business account and they wrote back asking to give them four weeks to respond properly and that is up on Tuesday - so I shall just forge ahead with that one should I not hear...I don`t seem to have got very far really with any of my claims - probably through my own hesitancy.....I sent the prelim letter to LTSB on my current a/c but it was not received and I have not even sent another one yet..but shall do.

 

So - do you feel that I should send MBNA a LBA

 

Many thanks

 

Best wishes

[elsinore]

 

I also have a problem (principles - fair do`s - right and wrong etc) how do I justify claiming back all of the charges if the OFT have approved them....

 

But they haven't! Here's an extract from the OFT Report 5th April 2006

 

"We are not suggesting that default fees should be set at £12 and a court will certainly not consider that a default fee is fair just because it is below the threshold"

 

The banks and CCP's have tried to bamboozle claimants into believing that £12 is the new authorised, legitimate charge. Bunkum!

 

Yes, I think it would be best to continue with the recommended method and send an LBA. That way you can be seen (by a court) to be behaving responsibly by giving MBNA every chance to settle (even though they don't deserve it).

 

Els

[RCR50]

Thank you Elsinore!

[jshtr3]

Hi

 

I also have a problem (principles - fair do`s - right and wrong etc) how do I justify claiming back all of the charges if the OFT have approved them....

 

I also have principles and sometimes feel guilty about poorly managing my accounts. Some people I speak to about this also take a dim view of my situation (including family members). Problem is "our" money or "the charges" have been taken unlawfully. I know for a fact if I hadn't lost £100 to £200 in charges every month I would have been able to manage my finances much more effectively. You are not the guilty one here, but you can bet your the only one of the two parties involved in your case to be worrying about priciples!!! "do unto others etc." (and run very quickly:D )

[GaryH]

Elsinore hi

 

Yes, I sent the prelim with £10 for my statements.....They paid the £10 into my account and wrote back saying they would respond by a certain date.....They did respond with a list of my charges over the past 6 years and a letter saying that the OFT approve £12 - The 280 seems to be the amount over the 12 pounds if that makes sense - They made a `goodwill` payment of 280 into my account and the letter said that unless I accept their terms and conditions of charging £12 they will have to close my account with them......They said that if they had not heard from me within 8 weeks they will consider the matter closed.

 

I also have a problem (principles - fair do`s - right and wrong etc) how do I justify claiming back all of the charges if the OFT have approved them....

 

Anyway...so no, I have not sent an LBA. I have sent the LBA to LTSB on my old business account and they wrote back asking to give them four weeks to respond properly and that is up on Tuesday - so I shall just forge ahead with that one should I not hear...I don`t seem to have got very far really with any of my claims - probably through my own hesitancy.....I sent the prelim letter to LTSB on my current a/c but it was not received and I have not even sent another one yet..but shall do.

 

So - do you feel that I should send MBNA a LBA

 

Many thanks

 

Best wishes

Incidentally, I've just won a claim from MBNA which was made up almost entirely of £12 charges.

 

A default charge is unlawful (therefore reclaimable!) if it makes a profit - of the £12, at current estimation less than £2 is actual cost to the company. £12 is still a disproportionate penalty, and as Els said, the CC companies have now taken to completely misquoting the OFT report at every opportunity. Take no notice an press on as usual.

[RCR50]

Thank you everyone. jsr 200 in charges each month is a lot of money - I wish you luck with your claim and hope that you get it all back very soon.

 

Thanks Gary! Well done on getting your money back from MBNA - did you claim any interest can I ask?

 

All the best to everybody.

[GaryH]

Yes, I did - statutory 8%, although it was only about £15 as they were all fairly recent charges.

 

Stick with it, MBNA are actually pretty good compared to most if not all the others - they will pay up the lot without too much fuss.

[RCR50]

Thanks very much Gary

[RedDeath]

FAQs - complaints about bank charges

 

You can complain to the FOS (Financial Ombudsman Services) for the threatening letter to close your account, as you do have the right to complain.

 

There are a couple of templates there that seem quite good, though I have only scanned at them. However, seems to imply that you may get some kind of compensation for them closing the account...so....depending if you can live without the account, it may be worth getting them to close it and then puruse another little claim against it. The FOS would handle the whole lot so possibly £200 for 1 letter, oh and their bully tacticts get reprimanded as well.

 

Good luck with it, not long to go now before they pay up.

[RCR50]

Hi Reddeath

 

Thanks for that....I have just typed an LBA - I said that I would accept the £280 as part payment but would like the outstanding balance of £489 within the next 14 days or I will start legal proceedings.....The 8% actually comes to another £230. I can live without MBNA to be honest - but I do have a loan with them - totally different account - and I am not worried they might call this in as I feel legally they would not have a leg to stand on....I have never not kept up with payments etc so I am not worried about that.

 

Whislt typing the letter it did actually occur to me.....We borrow their money and pay them for the privilege.....however, they take our money - penalty fees unlawfully - and when we ask for them back they either refuse or give us back a tiny amount as a `goodwill gesture` can you imagine if we offered to pay back just a small proportion of the money we have borrowed from them......its all mad. Certainly I never would have had the courage to do any of this without you guys......I am really grateful.

 

I now have to work out how I sue LTSB next Tuesday for my business a/c and bravely send another prelim letter for my current a/c which they did not receive last month...........I was going to wait until July on my current a/c (with authorised contractual interest it is over 3k) Every July they add another year onto the review of my OD limit........thought I would wait until they had done this and it was put at July 2008 for review......and just to have a moan - my printer is not working and so I have to save all my letters etc to floppy and find the time to use somebody elses computer........

 

I must catch up with your thread - I am sure that capital one paying up has inspired you to forge forward with even more confidence....

 

Thanks again - take care

 

Look out HSBC and Yes car credit - here comes reddeath - Lots of good luck.

[RCR50]

Hi - anybody?

 

I am just looking through threads to sort out how to proceed with my court claim......something is puzzling me however and wondered whether anybody could explain please.....It says - `The claimant claims ****being the sum unlawfully debited......etc.....also - `The claimant claims interest at 8%......I have actually asked lloyds for contractual interest at 18.9% - how would I actually word this on the money claim? and do I have t justify it on the actual money claim? This is for a business account.

 

Many thanks anybody.

[GaryH]

Hi RCR,

 

If you're claiming contractual you won't be able to use MCOL - there just isn't the room to plead it properly. Use an N1 at your local court. There are a couple of CI claimers subscribed to your thread so I'm sure someone'll have some suggestions for the POC, and also take a look at Mindzai & Lucids thread.

[RCR50]

Thank You Very Much!!!

[RCR50]

Just to say that I received a letter from LTSB today - they said, in response to my LBA, they would get back to me within 4 weeks.....I gave them the benefit of the doubt and today, 4 weeks later, I have received a standard copy of the original letter that I received after I sent the prelim.

 

I never doubted that you were all right but was just giving them the benefit of the doubt........you guys really know what you are talking about.

[photoman]

It's like some sort of Monty Python sketch !!

 

The words, court, abuse, disregard, p**s take all spring to mind !!!!

[nevos]

Think the banks are fast disappearing up their own bums hehe:)

[RCR50]

Could I ask somebody please.....

 

I am just filling out my court claim. How do I justify claiming contractual interest - 18.9% (from LTSB - business a/c) - I have stated that I am claiming this due to the principal of mutuality and reciprocity, when they charge 28.9%...how do I justify claiming their `authorised` interest rate when they took the unauthorised rate.

 

Most grateful for any help.

 

Best wishes..

[photoman]

Could I ask somebody please.....

 

I am just filling out my court claim. How do I justify claiming contractual interest - 18.9% (from LTSB - business a/c) - I have stated that I am claiming this due to the principal of mutuality and reciprocity, when they charge 28.9%...how do I justify claiming their `authorised` interest rate when they took the unauthorised rate.

 

Most grateful for any help.

 

Best wishes..

 

Claim the Unauthorised rate.... after all they took your money without any lawful authority to do so !!

 

Claim Authorised in the alternative at the courts discretion not theirs.

This way you are asking the court to award it if the court does not agree that unauthorised is applicable.

If you also wish, you can also ask for Statutory in the 3rd alternative (again at the courts discretion, not theirs).

If you put in alternatives, they will of course try to take the cheapest in any offers they make, so it is important to remember and remind them that these are for the courts discetion, not theirs. So you then decide how strongly you wish to argue this, based upon how strongly you believe the court will agree with you arguments.

Regards CI. Yes it throws up scary figures, but you have to realise that they have made enormous amounts by using your money as capital, and have no right to be allowed to keep this.

If you want to go down the CI route, then make sure you are well read up on the key arguments for and against, so that you know why you are claiming it. There are various arguments and positions and reasons in law that can be used as justification, not just mutuality and reciprocity. There are also arguments regards Restitution, Equity, Disgorgement etc. Opinions on site are a bit divided upon which are the best to use. Best get yourself used to all of them, and decide how to justify and word your ownh POC's.

This is a good condensed version of the arguments.

key arguments for and against compound contractural threads

 

Make sure you are well read up before going down this route, and look around for some other POC's regards CI. Then compile your own.

 

 

Best regards