Standingupformyself V MBNA/Abbey CC **WON**

[standingupformyself]

Yes, I will accept it as partial settlement. I will word it in such a way "IF you have already placed it in my account......... and so on.... Because I have just received a statement from MBNA and it wasnt in there yet, so it will be another 4 weeks until I know whether they have done it or not.

[Cornucopia]

Yes, I will accept it as partial settlement. I will word it in such a way "IF you have already placed it in my account......... and so on.... Because I have just received a statement from MBNA and it wasnt in there yet, so it will be another 4 weeks until I know whether they have done it or not.

 

Standing you need to put something along the lines of :

 

"I am pleased to accept xxxxx in partial settlement of my claim, however, I require confirmation that this amount has been credited to my account within 7 days of the date of this letter".

 

Hope this helps!

[standingupformyself]

Update...........

 

07th June, 2007

 

Dear Mrs Standingupformyself

I refer to your recent complaint regarding default charges.

 

We reiterate that we have always set out precisely what our charges are in our agreements with you, as they are an integral part of the terms and conditions under which we are prepared to provide credit facilities. Our view is therefore that the charges that you agreed to are valid, fair 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 one day of your payment due date, or when you exceeded your credit limit, or a cheque was returned unpaid.

 

However, as we woud like to resolve this matter, we have arranged a further goodwill payment of £975, to be credited to your account. This in addition to the previous goodwill payment of £820 and on the basis that this is in full and final settlement of your complaint. You will appreciate that this does not mean that we agree with your complaint.

 

blah blah, if we do not hear from you within eight weeks of this letter we will assume that the matter is closed.

 

I am waiting for my statement to come through, as yet I do not know whether they have paid the first £820 into my account, so it will be interesting to see whether they pay the 2nd payment in. I intend to reject it as a full settlement, but if they choose to leave it in there will accept it as a part settlement.

Has anyone else had experience of them offering a 2nd goodwill gesture? The total charges I am claiming come to £2017, they have now offered me a total of £1795..... If I wasn't claiming CI then I would be inclined to accept, however the interest at 22.49% adds up to £3521.42, and this would clear the debt with them..... I must keep going,

I wonder if I am at a point where I could negotiate with them for the whole lot?

 

The letter was signed by Rachel Claridge........ Should I write/email her? or does anyone have a different contact that could be useful?

LBA's 14 days runs out today, however I am going on holiday in just over a fortnight, and really don't want to fork out court fees on this until I get back...

All advice gratefully received.

xxxxxx

[wednesday1867]

Standing just thank them and throw the idea back of just clearing the account to zero, no harm in trying. If not keep going?

[standingupformyself]

Hiya Wednesday! Nice to see you on my thread! I have just sent an email to the customer advocate office at MBNA, copied below. A full settlement will more or less clear my account...... I will keep you posted, if and when I get a reply.

 

 

Mrs Standingupformyself

POSTCODE

 

Account Number ****

 

Dear Sir or Madam,

 

I have been in contact with various members of MBNA personnel recently, regarding my communications with your offices in respect of myself starting the procedure to reclaim charges that have been placed onto my account and trying to retrieve other relevant paperwork that do not seem to be available?

 

I have received two letters recently, from Ms Rachel Claridge, the first one offering me a goodwill payment of £820, to be credited into my account, the second one (received this morning) offering me a further payment of £975 (In addition to the £820 payment, mentioned previously)

 

I have written various letters, (the last three addressed to Ms Rachel Claridge) explaining my situation, and although I am extremely grateful that you are taking my request/complaint seriously I would like to take this opportunity to contact you one last time.

 

Firstly, thank you very much for the goodwill payments, At this point I do not know whether these have been paid into my account or not, and will not know until my next statement arrives in the post. However although, as I have said, I am very grateful to you for taking this matter seriously I must reject your payments, on the basis that you have offered these to me under the basis that they are in full and final settlement. I give you permission to withdraw these amounts out of my account. (If they are in the account yet) However if you choose to leave the amounts there, then again I thank you for this but must clearly state that I accept these amounts as a partial settlement only, and still intend to continue to persue MBNA/Abbey Credit Card for the rest of the amount that I am claiming.

 

In my last letter to you, sent over a fortnight ago I sent to you a spreadsheet containing the schedule of charges from my account, this spreadsheet also has calculated how much I have paid in interest (at the rate MBNA are charging me) and the totals I am claiming. This letter also informs MBNA that I would be taking this matter to the courts after 14 days, which unfortunately are now up. It is my intent to follow this matter through the courts, although I would hope that MBNA and myself could come to an agreement before further costs become involved.

 

Without taking the goodwill payments into account, the charges that I have listed amount to £2017.00 and the interest to date amounts to £1504.22, total amount payable as of the 12th June 2007 is £3521.42, this amount increases by £2.1688 per day, and it would surely be better to sort this matter out sooner rather than later.

 

I attach to this email a copy of the spreadsheet, updated to todays date (12th June 2007)

 

My telephone numbers, home and mobile, are listed with MBNA, and I would be very happy to receive a call from someone in your department with a view to ending this matter without having to go through the court, or please respond by email.

 

Best Regards,

Mrs Standingupformyself

[wednesday1867]

Standing, can i have the email you have for them, dont really fancy going thro the non compliance route for my agreements, might help to bug them by email now

[standingupformyself]

Of course you can.... sadly its not a personal address though, but I was recommended to use it by someone else...

 

[email protected]

[wednesday1867]

Top job, will give it a go,thanks.

 

Its now like, my thread or yours

[jackster77]

Hi standing had a good read through your thread re the CCA/ claiming charges back Think I am also not going to make a big deal about them not sending my CCA - as they owe me more than I owe them and I want to get it back

 

out of interest when you sent your prelim and lba did you mention that you wanted the information removed from your credit file?

 

I did and the response was as follows "we are unable to amend any information reported to the credit reference agencies, as your credit file reflects the previous late payments you have made and all data must be factual"

 

I really want to do my claim right as I want my money back and want the info removed from my file

[standingupformyself]

I want the info removed from my file too, but the lack of CCA should do that at a later event, I did not reword the standard letters but they do include this paragraph

 

"I enclose a schedule of the charges which I am claiming with this letter.

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable. "

[standingupformyself]

Good Morning all.....

Got my MBNA statement through this morning, dated 11th June, and the first payment that was mentioned of £820 has been paid in, now that took a couple weeks to arrive, even though I have rejected it !! So it is going to be another month until I find out if they have paid the 2nd payment in or not..

I suppose I could phone them, but not really very good on the phone, tend to get a bit tongue tied with authority!!

[wednesday1867]

I never signed up for MBNA on line banking or whatever it is. Did you? Wont it show you on there an upto date statement?

[standingupformyself]

Hi Wednesday. No, I did not have online statements with them. Statement came through today, and first payment went in 25.5.07, but the statement was dated 11.6.07 and today is the 16.6.07 so if the other payment has gone in this week, then it wouldnt show up on this one, presumably I will have to wait till next month!

Not that it really makes a great deal of differnece, I have rejected the amount anyway, and if it does show up then the amount will just be deducted off the final total...... I will never see any of this money, it will just clear the debt

How are you? Its just not the same I imagine having Sky Sports on a saturday morning and having to listen to waffle about Cricket !!!

[wednesday1867]

How are you? Its just not the same I imagine having Sky Sports on a saturday morning and having to listen to waffle about Cricket !!!

 

 

A bit under the weather, working in all that rain weve had the last few days, left me with a bit of man flu Wouldnt be like that down on the south coast:lol:

 

Your not wrong, no Soccer AM etc, you know the worse thing tho, i'd of prob been to a game next season before i receive my completed sar from MBNA

 

Gave them their extrta 7 days and nothing, i saw your post with an email, gonna ry emailing him and then if nothing, go to ermmmm whoever i complain to

[Hopeful1]

Hi Standing

 

Sorry it's taken me so long to come back. What a saga! I know they've only given you partial payments but at least it's chipping away at the balance. One way or other you'll get 'em anyway with the lack of CCA

 

My hubby's CCA request to MBNA has now gone into default but they've still got time to send S.A.R details. I'm waiting to see how much the charges add up to. If they're more than the balance, i'll follow the same route as you and keep the CCA as the final karate chop! I'm doing the same with another creditor.

 

Keep going, you're doing fab

[standingupformyself]

THINGS HAVE HAPPENED!!!!!

I have just taken a phone call from MBNA is response to the email I wrote to them on the 16th June...... They are settling the full amount that I have asked for, with contractural interest at 24.9% up to the date of the above email....... Amount to be credited to my account.......... Letter of confirmation to come to me in the post.

Need to think about phase 2 now...... Thank you everyone for all your support,

I will update again when my next statement comes and when the letter arrives.

Meanwhile

WOOOOOHOOOOO YAAAAAAAAAAAAY !

[davey77]

yaaaayyyyyyy!! well done you!

[hedgey06]

CONGRATULATIONS!!!!!

A brilliant win standingup........... to a very deserving gal as well!!! Well done you!

Lots of love and best wishes,

hedgey xxxxxxx

[wednesday1867]

That's excellent standing well done.

 

Fancy writing me an email?

 

Just in time for you to enjoy your hollibops even more

[ukiainib]

Standingupformyself,becareful as they said to me, they would settle and pay interest, but it was not CI it was the total amout due plus the latest 24.9%, so instead of getting a few huandred for the CI they offered 81 which is the 24.9%

[standingupformyself]

Thank you for your advice. I will read the letter carefully. However I should be ok, as we didn't really discuss interest rates precisely, we actually discussed final totals etc... so they are setting the exact amount I asked them for.

[pennypenny]

Congratulations Standingupformyself, I am due to do Mcol and have been offered my charges in full but not the interest which I also did at 24.9. I've just sent a letter giving them till next monday and then I am filing with Mcol. I hope I am as succesful as you and get the interest back too.

 

Penny:)

[ukiainib]

Standingupformyself,when they rang me to make a settlement, they asked if this would be the end of it, and I said well no, as I will be going after interest next..would be quicker just to put a link to mine http://www.consumeractiongroup.co.uk/forum/mbna/92906-ukiainib-mbna.html

[empowered]

Well done Standing! Yet another one bites the dust! MBNA have repaid all my charges but not the CI which I am now fighting for plus am still awaiting for CCA request - date is up next Wednesday when I will go for the PPI I have paid plus the interest on that! Enjoy the dosh when it comes!

[dizzy delilah]

:D ********CONGRATULATIONS!!!******* :D