HFC Marbles Card Charges Reclaiming

[tifo]

Hi,

 

I had a Marbles card which had a balance of £2000 with HFC.

 

They offered me a 30% settlement of £600, which i could not afford at that time. They then offered me a £600 interest free 'loan', where i never received any payment but which i pay at £5 pm.

 

A few months ago i had to call them for this loan account and they said you have £1400 on your Marbles card. I told them that account should not exist as it was written off when you gave me the loan i am now paying.

 

At the time of the settlement, i did not receive any letter from them stating that the Marbles card account had been written off or that the default has been removed. I assumed it would all be done as they are offering me a new loan to pay it off.

 

I also have had a few £15 penalty charges on the loan as i got the due date wrong at the beginning.

 

What can i do about this as i am now suspecting the Marbles account was never written off and i am paying them £5 pm for nothing.

 

I would also like to claim charges on the Marbles card and if it has really been written off can i still do this?

[Glenn UK]

Seems to me that you need to send them a subject access request to obtain information about your account.

 

I would use the template from the library but modify it to specify that you wan specific information relating to the loan, what happened to the marbles account.

 

Depending on what turns up you might then consider what action to take.

 

IF you haven't got a thread in the relevant bank forum it might be a good idea to start one so people can follow your claim.

 

 

HTH

 

Glenn

[tifo]

Hi,

 

I've noticed that a lot of my debts have sometimes DOUBLED, i.e. Capital One sent a letter stating £440, then get a letter from a DCA stating £819 after passed onto them.

 

I will obviously claim back charges from Capital One, but these may be £200 - £300 at the most.

 

What can i claim back from the DCA as they have added £400.

 

Thanks.

[Bailiffchaser]

Hi

the same of what you are going to claim back from cap one !!!!!!!!!!!!

[tifo]

that may mean the whole debt!

 

yoohoo!

[Bailiffchaser]

Two things the dca etc do not have time. 2nd thing you have and you can take your time in screwing them up properly.

[albbyswife]

hello

 

and sorry to sneak into this post!!!!!! but is this true??? that you can claim your charges that you get from the debt collecting agencies??????

 

i have been charged in the past some big charges and some small charges ex: moorcroft add £12 pound each time they send a letter!!

 

so if this is really true could i claim these £12 charges back????????????

[tifo]

This is also news to me!

 

I didn't know we could claim back DCA charges, or even the fact that they charge for sending letters out. I thought all charges are frozen when it gets passed to them, including interest? I've had letters in the past from different agencies, at different times of the year, all asking the same amount.

 

This opens a whole new issue.

 

If we start claiming from the debt agency that is allowing us to pay measly amounts to clear a debt they keep adding to, they won't be too happy. Does this mean they will take more action against us and what happens to the payment agreements we have in place?

[PriorityOne]

If the DCA do not have a CCA, you can claim back all payments you have made to them, since they would have been collected unlawfully. Moorcroft only have until Monday to produce mine... once they have committed a criminal offence as well as defaulting (another calendar month without sending the CCA to me), I will be claiming back all payments over the past 4 years.

[albbyswife]

well i was just thinking about charges, i recieved a letter from moorcroft and now at the bottom of my letter it says 'please note that we have had to resort to sending this letter and as per the terms and conditions of your agreement we have added £12 to the above balance' i have had previous letters from them that never said that until recently !!!!!!!!

 

so what is this all about are they unlawful penalties from the dca????????/

 

any more help or views on this subject would be helpful

[PriorityOne]

well i was just thinking about charges, i recieved a letter from moorcroft and now at the bottom of my letter it says 'please note that we have had to resort to sending this letter and as per the terms and conditions of your agreement we have added £12 to the above balance' i have had previous letters from them that never said that until recently !!!!!!!!

 

so what is this all about are they unlawful penalties from the dca????????/

 

any more help or views on this subject would be helpful

 

You do not have an agreement with Moorcroft anyway, so there would be no terms and conditions. Have you sent Moorcroft a CCA request ? They have 12 days from the date of (recorded delivery) receipt to supply you with this. After that time, the debt is unenforceable without going to court... and they won't go to court without a CCA.

 

Chances are... they have just bought the debt for peanuts from your original lender. Without the correct paperwork however, all they can do is threaten to do this and that. That statement from them sounds like a fairly typical ploy to get you to think that, unless you pay more of the balance, the debt will increase with each reminder sent out to you. It's bowlarks.

 

Go into the bank template section and look for the CCA request letter. If Moorcroft cannot produce a CCA or Deed of Assignment, then all your payments can be claimed back because they have been collected unlawfully. One step at time... CCA request first.

[albbyswife]

sorry i dont think that they have bought the debt from the company as at the top of the letter it says ' we are agents of Argos and work with them to collect payment against uncleared accounts'

 

so do you think i should still send a cca request to them ???i have not paid any thing to them yet but made a payment straight to argos

[PriorityOne]

Yes, send a CCA request to them by Recorded Delivery. If they have been assigned the debt (very unlikely), they would have a Deed of Assignment. Either way, some kind of document would need to be produced. No document = no money.

[tifo]

Moorcroft don't generally buy debts.

 

The terms and conditions they are referring to are from the original agreement. Once you have this after the CCA, ask them where it says a DCA can charge £12 per letter?

[PriorityOne]

Moorcroft don't generally buy debts.

 

The terms and conditions they are referring to are from the original agreement. Once you have this after the CCA, ask them where it says a DCA can charge £12 per letter?

 

I assume that means they should have a Deed of Assignment then ?

[albbyswife]

i know moorcroft buys debts because they bought another one of my debts from bt.i know this as i phoned bt who confirmed the ammount of my final bill plus told me that moorcroft had bought the debt

i am querring the ammount they are asking as my last final bt bill was £400 and when moorcroft wrote to me it was just over £500 :???:

[tifo]

yes, because Moorcroft would have put charges on.

 

i got told by Moorcroft on my 2 HSBC debts that they don't buy these, only administer, so thats why i was saying it.

 

if they've bought your debt, then they must have a deed of assignment and an agreement to send you under the CCA.

[tifo]

hi,

 

does anyone know a method of working out the EXTRA interest that has been charged because of penalty charges, for example, ABC cards charge me £60 penalty in a month and the balance is then £1000. They then charge me £20 in interest. How do i work out what the interest should have been on £940 which is the figure minus the charges? This might be £15 in which case i have paid £5 more than i should have (without the charges).

 

Can i then claim this extra interest taken as a result of the charges as well as the charges?

 

thanks.

[WhatMoney?]

Hi there,

 

Yes, you claim back the interest they took for the charge as well. You include this interest in your preliminary letter. To work out the interest they've taken on each of your charges, use Vampiress' fab spreadsheets:

 

http://www.consumeractiongroup.co.uk/forum/general/6964-spreadsheet-interest.html

 

(I actually did my own spreadsheet as I enjoy doing things like that. Plus, it was fairly simple as I've been permanently overdrawn for 6 years!)

 

Hope this helps x

[Stornoway]

Hi

 

Go to the template section then Vampiress's Chambers for copies of spreadsheets which you can use. I've just started my first claim and I'm claiming ;

1. the charges

2. daily interest on the charges (i.e. the amount of interest I have been charged since they were incurred - 22.49% in my case).

3. contractual interest (i.e. they have had my money over the last 6 years so i'm charging them interest at 22.49% for having use of my money).

 

The interest more than doubles the total claim !

[maangov]

I agree. Vamps spreadsheets are spot on. Simply enter a list of charges, balances at the time, and bingo!

 

Like bomberbarclay mentioned, i changed the rate to their unauthorised rate. Added a small fortune to the claim (and quite rightly!)

 

Regards

Maangov

[tifo]

yes, i have the spreadsheet but i didn't see any part to show me what the interest should have been on a lower amount as opposed to what has been charged.

 

anyway, i'll take a look at the advanced version again.

 

i cannot seem to save the spreadsheets after i insert my figures? i have to make a copy for each bank i am going to claim from rather than 'save as' which does not work.

[maangov]

tifo,

 

The spreadsheet automatically works out how much of the interest charged is attributable to penalty charges. If you enter how much you were charged in penalties, then the statement balance and amount paid it calculates how much of the interest charged was due to this penalty. It then totals this up for inclusion in your claim.

 

You do not need to have a 'lower amount' calculation.

 

As for the spreadsheets, you need to make a copy of it, and name it something usefull (I usually append the bank name to the front). It automatically saves changes as you make them. To view all your spreadsheets, goto google docs home. You should see them listed.

 

Hope this helps.

 

maangov

[Spidee9]

For some reason I am unable to use the spreadsheet on my computer. I feel ill and have a screaming toddler ill as well. As I can't really think straight I went onto a site called quick math looked under %

 

I put in 1.385 of £20.00 comes up with 0.277 times 34 months = 9.418 so for my 1st £20 charge that goes back 34 months at 1.385% (bottom of statement) I am adding £9.41 for interest and so on... so out of my 180.00 charges I have paid 72.28 as some other months are at 1.599% on my statement. I am going to type up letter tomorrow. Has anyone else worked out interest on charges like this??? or am I doing it wrong?

 

This way I only owe Barclaycard £100.00 which I will pay tomorrow get them to write off the rest and then see about removing default.

[tifo]

Just for info really ...

 

How much does court action cost me altogether, for example, on a claim less than £1000 or a (normal) claim less than £5000.

 

I am totally confused as to the fees, because i thought that i paid £80 for a £1000 claim and £120 for a claim upto £5000.

 

But i hear people then paying £100 AQ fee and more.

 

So, how much would i need if i took Bank A to court for £4,000 charges?

 

Do i get exemption on fees or does that not apply?