Peaches' mum V MBNA

[peaches' mum]

Hi

 

Case so far:

 

SAR sent 22/01/07

Notification of receipt of SAR sent by MBNA 30/01/07

Apologies for delay in sending statements to you from MBNA 20/02/07

Statements & letter from MBNA 27/02/07

 

I have calculated my late payment fees etc and it comes to £424 without 8% or CCI.

 

In their letter they say:

'Our view is that the charges you agreed to are vail, fair & enforceable!. Prior to July 06 term 3b of your credit agreement with us clearly stated that you must pay £25 each time your payment had not reached us in time blah blah. Here are your statements, we havent charged you for sending them to you & here is your £10 cheque (which BTW comes from someone with the same name as me!!).

 

We value your custom & would like to resolve this matter so can offer you a goodwill gesture of £190 credited to your account on the basis that this is full & final settlement. You've got 8 weeks to make your mind up'.

 

RIGHT I THINK THEY ARE HAVING A LAUGH!!!

 

Shall I just send them the prelim letter with a list of charges & see where it goes? Or should I send them a list of charges +8%?

 

Thanks for reading this...

 

 

 

:-? :-? :-?

[peaches' mum]

Kingmills if you are logged on, have read your thread - v interesting! would really appreciate your input - havent a clue how to go about the CCI!

 

Thanks

[dx100uk]

std bla bla letter.

this is a credit card A/C you are entitled to do Com cont Int!

send a letter from below templates accepting the partial payment or rejecting it & inc you 'new' speadsheet.

unless you just want to wait until LBA then send all together.

use vampiresses CC com cont int spreadsheet.

 

dx100uk;)

[peaches' mum]

Hi dx100uk

 

Im going to use the following letter and send it to Stuart Johnson (Ass Vice Pres!):

Dear Stuart,

Account Number:

Further to your letter dated 27th February 2007, please find enclosed a cheque for Mr DXXXX– he is not a relation of mine and I think that you have sent this to me by mistake. I thank you for your offer of £190 as a ‘gesture of goodwill’ , however I shall not be accepting this. Due to the extensive media coverage on bank charges I am now aware that you, (MBNA Europe Bank Limited) have been charging me charges, that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

 

Your charges appear to be nothing more than a profit-making scheme. Therefore I require you to refund me a total of £436, representing the total, unlawful charges deducted from my account during the last 6 years. I hereby give you 14 days (from 3rd April 2007), to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in paying additional costs i.e. solicitor’s fees.

 

If you refuse to comply with my request for a refund, then I request proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account, as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e).

 

Finally if you are going to say that there was no breach of contract and that these charges are for a service, then I will argue that you have attempted to restructure accounts in order to present events of default spuriously as additional services. I must remind you that the UTCCR’s are concerned with the intention and effects of terms, not just their mechanism. For example, a charge for 'agreeing to' or 'allowing' a customer to exceed his credit limit is no different from a charge for the customer's 'default' in exceeding his credit limit.

 

I also hereby request a copy of my contract with you and a copy of my original terms and conditions, along with a detailed report of which clause, in the terms and conditions, each charge has been applied against.

Yours faithfully,

Is this ok? Need to send it tomorrow (2 April)

Thanks

[dx100uk]

are you claiming contractural interest?

it is a credit card, you should be.!!

 

letter ok bit over the top but nice reading.

go get 'em

 

dx100uk:)

[peaches' mum]

Hi DX

 

Would like to claim CCI but cant get my head round it at all, so many nice people on here have tried to help me but Im a complete dumbass! (I got a D for Maths GCSE so that should explain it!). Will just claim said amount and then when I can, I will +8%. At least that I can explain in court if I have to!

 

I know the letter is a bit OTT but I wanted to be sooo nice that it made Stuart Johnson sick!

 

Am sending the letter & list of charges on 10th April, will give them til 24th April to give £ back or respond positively!

 

Thanks for your comments...

[jowalshy]

Hi peaches' mum. If you use Vampiress's spreadhseet you can caluculate the contractual interest part. All you need to do is put the figure 24.9 in Box numer B6. Then, as you would the 8% spreadsheet, just fill in all the information. Don't delete any of the cells as this may delete the formulas. It really is worth going after the contractual interest. It almost doubled my claim with them.

[ladybird17]

why aren't you using the partial acceptance letter in the bank templates library?

[jowalshy]

Here is a copy of my partial acceptance letter. If you want to use it just adjust it to your needs.

 

Dear xxxxxxxxxxxxxx,

Account Number :- xxxxxxxxxxxxxxxxxxx

Response to settlement offer – without prejudice

Thank you for your letter dated xx xxxxx xxxx offering £xxx.xx in full and final settlement of my request of the charges you levied from my account during the last six years. I am prepared to temporarily accept the sum offered as partial settlement on the clear understanding that the remainder of £xxx.xx is to be paid within the next 10 days. This amount is made up of £xxxx.xx being charges levied from my account as detailed in my letter before action dated xx xxxxxxxxx xxxx and £xxx.xx being the contractual ineterest claimed . We have enclosed a copy of our letter before action together with a schedule of the charges and interest claimed.

Yours faithfully

Name

I hope this helps

J

[ladybird17]

why would you want this to be without prejudice?

[jowalshy]

"Without prejudice" means that you accept the offer without detriment to any existing claim. So you say you accept the offer as partial settlement and you are letting them know that you will be going after the rest.

[ladybird17]

"without prejudice" means you can't use the letter in your evidence - thus it cannot be used in court.

So you would never be able to show that you had corresponded with them about the offer

[standingupformyself]

Hi peaches' mum. If you use Vampiress's spreadhseet you can caluculate the contractual interest part. All you need to do is put the figure 24.9 in Box numer B6. Then, as you would the 8% spreadsheet, just fill in all the information. Don't delete any of the cells as this may delete the formulas. It really is worth going after the contractual interest. It almost doubled my claim with them.

 

 

Can you help me Jowalshy? Can you give me a link to the spreadsheet? I cant seem to find one that needs me to fill in box B6

Thank you/

[jowalshy]

Sorry I don't know how to do links yet. If you go to the bank templates library and click on Note 6 "interest calculation spreadsheets", go to bottom of post and click on the link to Vampiress's spreadsheets. Go to the one that says about contractual interest and click on it. You may need to register with google before you can activate it. Once you have the spreadsheet up, look at the left hand side for the word "file" click on that and then export. It will then bring up some choices for you. Choose xls. It will then save the spreadsheet onto your computer ready for you to use. Box B6 will already have a number in it. Just change it to 29.4.

[jowalshy]

 

Without Prejudice

 

A legal phrase that allows parties to discuss and negotiate a settlement to a legal claim, without admitting liability. Any documents headed "without prejudice" cannot be used in evidence in any subsequent court case without the permission of both parties.

[ladybird17]

exactly my point - there is no liability on the claimants side, and thus any evidence to prove that the claimant had attempted to negotiate a settlement will be thwarted - it would be unlikely for a defendant to allow a "without prejudice" disclosure that would be disadvantageous to them.

[peaches' mum]

Hi Guys

 

Well I have finally found the Vamp's spreadys. I have exported the one called Throughout Claim with Compounded Contractual Interest - is that the one you were talking about? I will give it a go with another credit card, thing is the box B6 contains 'Claim date' yet box B7 contains 'Interest Rate', have I got the spready you were talking about?

 

MBNA's 14 days are up with me so am going to ring Colin Pugh 01244 672979 to see if he can assist with my claim. Was given his number through a member on penaltycharges.co.uk apparently he seems to have the authourity to settle claims.

 

If I get no joy from him then I will tell him that if I do not have the full refund I will file a claim.