woo hoo, settled in full, cheque in post today!

[shagtastic]

hiya!

 

well i started my claim through MCOL on the 11/5/07 against MBNA as they hadn't responded to any of my previous letters..they did write to me in april telling me they would respond fully by 7/5/07..needless to say they didn't which is why i started my court claim.

 

Anyhoo, i received a letter from them today..actually from the assistant vice president rachel claridge (does this mean anything?) giving the usual bla bla about how their charges are 'vaild, fair and enforceable' and they want to offer me a goodwill payment of £83.00 (total owed is £191.73 and wouldn't accept their offer anyway).. i just wanted to quote to you some of the contents of the letter to see what you all think

 

 

"when customers pay late, we incur substantial costs in dealing with their default. Similarly, we have set credit limits carefully for each customer for good reason"

 

"If a customer goes over their credit limit, he or she is using the card in a way they are not allowed, in effect obtaining unauthorised bororwing. We, therefore, lend more than we agreed to, and take on risks, which were never accepted in the first place. In the case of both late payments and overlimit usage and also where a chq has been unpaid..we set charges reflecting our costs of dealing with such defaults of customers overall, as do all other major credit card providers. This approach allows us to be clear and upfront about all default charges and the the basis on which they are applied"

 

I intend to reply to this and want to ask exactly what are these substantial costs they incur and advise them that i have already put a claim into the small claims court and would be happy for them to offer a defence where they can evidence exactly how much and where they incur 'substantial costs" I will also be refusing their partial offer of £83.00.

 

 

the letter also goes on the say that MBNA disagree with the OFT interpretation of the law and continues to maintain that default charges have always been fair...

 

 

Please please give me your comments and advise if this is the standard type letter and whether they have made any ambigious comments in the letter.

 

 

thanks!

 

 

shaz

[Seminole]

It's the usual rubbish. Just proceed with your claim.

[shagtastic]

thankyou very much for your swift reply.

 

I've just finished a reply to them which i've C & P below and just wanted to see if its ok to send..ie i haven't put my foot in anything with the wording...

 

 

I write with reference to your letter dated 10/5/07 regarding unlawful charges made to my above account.

 

Firstly I would like to advise you that as I did not receive a full response by 7 may 2007 as promised in a letter from steve bailey dated 19 april 2007, I have now filed a claim for the full amount plus 8% statutory interest which I am entitled to do, in the small claims court on 11/5/07 and also sent them a full schedule of charges I believe to be unlawful.

 

However, you are fully entitled to enter a defence where I am sure you will be able to evidence and itemise the ‘substantial costs’ you incur, to the judge.

 

Thanyou for the goodwill gesture of £83.00 but as previously stated I will only accept the full amount plus costs as a settlement.

 

 

 

 

is that ok?

[Seminole]

I would change the last sentence to read:L "I accept your offer of £83 as part settlement of my claim but I will only withdraw my claim on receipt of the full amount of my claim including interest and costs."

[shagtastic]

started procedings through MCOL last week..how to i pm a moderator or site helper with details?

 

thanks

[ladybird17]

do you have a problem with the MCOL?

[shagtastic]

hiya,

 

no, not yet..maybe i'm jumping ahead of myself a bit! Just assuming that they will try and take it all the way after yesterday (hasn't put me off btw!)

 

shaz

[Guest ChloeJane]

Hi there,

 

You might find these tips useful for MCOL.

 

Money claim online - OFFERS NO FEE EXEMPTION

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html

To PM a MOD or site helper - go to the link here

 

www.consumeractiongroup.co.uk/forum - scroll to the bottom of the page to see who is on.

 

Site helpers names are in pink

 

Moderator names are in green.

 

CJ

[shagtastic]

27/2/07 sent SAR

 

3/4/07 received list

 

4/4/07 sent initial request for £165 plus interest @ 8% totalling £191.73 (giving 14days to pay)

 

18/4/07 sent LBA as i hadn't heard from them giving 14 days notice

 

19/4/07 received a letter thanking me for communication and they are investigating..will respond by 7/5/07

 

11/5/07 MCOL claim issued..request for £191.73 plus £30 court costs. (served on 16/5/07, they have until 30/5/07 to respond)

 

posted 2 copies of schedule of charges to court with covering template letter for schedule to be attached to claim when served.(very important!)

 

11/5/07 letter received from MBNA (dated 10/5/07) stating that charges are valid fair and enforceable but offering goodwill gesture of £83.00 to be sent within next 10 working days.

 

did not bother responding to letter as i had already stared MCOL and they were due to be served claim on 16/5/07.

 

 

well this is me so far

 

 

wish me luck!

[thelightbrigade]

What is the SAR address for MBNA please?

[shagtastic]

MBNA Europe bank Ltd

stansfield house

chester business park

chester

cheshire

CH4 9QQ

 

thats the address i sent mine off to and got a response well within the 40 day deadline

 

 

good luck

[thelightbrigade]

Thanks, I just called them to check my balance and asked about the statements "What do you want them for?" - What do they think I want them for - loft insulation?

[shagtastic]

hiya,

 

i was just reading through a post below..sorry cant remember who it is now...:-|

 

but when i requested the S.A.R - (Subject Access Request) from MBNA they just sent me a list of all the charges which they levied to my account..after reading the above post i read that this list is insufficient in court! and i should have had statements..problem is i've started MCOL last week (see my post below)

 

Have i buggered it up for myself now? The list MBNA snet does state what each charge was for..the date etc..why would the court not accept this?

 

When i sent off the schedule of charges to be served with my claim i just sent it in my own format which i created on my pc which obviously had all the info so surely this is what the courts will have to peruse?

 

 

help!

 

just checked-it was jw-v-mbna thread

[shagtastic]

anyone?

[Guest ChloeJane]

Hi there,

 

To go back to basics - the court and the lawyers need to see the date and the amount and what it relates to. The judge will want to view this and is what is your schedule of charges.

 

No you haven't messed anything up. what you do need to do though is get a list of the charges by date and amount and what they are in reference to otherwise the judge might think you are claiming anything.

 

There is some time now from the date you have filed till a hearing and the rest of the process, so I would send of the SAR again, making sure that you got a copy of the statements or charges correctly itemised.

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/85351-barclaycard-r-subject-access.html#post811212

 

A link is above - but I would ammend it a little to where you have asked for copies of charges - state that these must be itemised clearly or statements.

 

You have plenty of time if you send it off now and it can be sorted when its time.

 

CJ

[shagtastic]

thanks CJ,

 

The list MBNA sent me did itemise the charges, albeit very simply. Its was basically my account number, date of charge, what the charge was for and amount. Would this be sufficient? or should i still go for statements incase they defend

 

When i sent a schedule of charges to the court it was in the same format as above plus i had another column which added interest

 

 

 

shaz

[Guest ChloeJane]

Hi Again,

 

That is reasonable as they sent the copy to you, however I am someone who likes statements and they are added to your court bundle and for your security.

 

So with the SAR if you choose to resend it, I would ask for statements and take out a complete list of transactions and charges relating to my banking history .

You are sure then to have statements sent...

 

As long as what you sent in is clear , with the date - amount and type of charge that is fine. The reason for the statements is if the judge asks you what you based your figures on - but I am sure it will not get to that and is more reassurance for you for preparation and confidence.

 

MY PERSONAL ADVICE - I would send for them as you have time, however its up to you.

 

CJ

[shagtastic]

well CJ your advise steered me in the right direction last time so i will take your advise again.

 

Will send out letter today

 

thanks as always

 

 

 

shaz

[shagtastic]

hi all,

 

MBNA have filed a defence at the 11th hour! was due to file for judgement today ggrrr!

 

MCOL states that everything is getting transferred to local court...what do i do now? kind of hoped it would n't get to this stage...

 

 

any advise?

 

 

thanks shaz

 

just editted to say, i never has an acknowledgement of service it just went straight to defence..they had until end of 30/5 to respond and they did so with the defence straight away..is this normal??

[shagtastic]

well after updating my thread below saying they had filed a defence at the 11th hour the post arrived shortly after with a cheque for £237.06! which is the full amount incl court costs!...infact think its a few quid more! but hey ho!

 

In their letter they still maintain charges are fair bla bla and that they do not agree to my claim still but they paid up so i'm happy!

 

 

I just need to know what do i do now as i need to stop court proceedings (they also ased me to do this in the letter) because as they filed a defence, MCOL says that all papers have been sent to my local court..

 

 

any advise gratefuly received

 

 

shaz

[princess roxy]

well after updating my thread below saying they had filed a defence at the 11th hour the post arrived shortly after with a cheque for £237.06! which is the full amount incl court costs!...infact think its a few quid more! but hey ho!

 

In their letter they still maintain charges are fair bla bla and that they do not agree to my claim still but they paid up so i'm happy!

 

 

I just need to know what do i do now as i need to stop court proceedings (they also ased me to do this in the letter) because as they filed a defence, MCOL says that all papers have been sent to my local court..

 

 

any advise gratefuly received

 

 

shaz

Nice one Shaz, MBNA have 10 days left to file their defence against my court action,hope i get same result as you ,once again nice one:) :)

[Bookworm]

5 threads merged, pls stay on 1 thread per claim, it's easier to follow that way.

 

And:

 

CONGRATULATIONS!!!

 

Please don't forget to fill in the survey, and if you can, please remember that this site survives on donations. ;-)

[shagtastic]

sorry about all the different threads!

 

i just want to say thankyou to all of you who have helped me and given support.

 

Good luck to all of you and hoping you all get what is rightfully yours asap

 

 

shaz

[nemogbr]

Hello Shagtastic,

 

May I ask, how did you word the claim in Moneyclaims online?

 

I haven't sent mine off yet.

 

They have not given me any details about my account pre-2005 (Royal Bank of Scotland account beforehand).

 

THanks

[shagtastic]

Hello Shagtastic,

 

May I ask, how did you word the claim in Moneyclaims online?

 

I haven't sent mine off yet.

 

They have not given me any details about my account pre-2005 (Royal Bank of Scotland account beforehand).

 

THanks

 

 

hiya i've C & P the POC that i put. Obviously just put your details where the red is! good luck

 

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.