NN versus BoS Mastercard **RESULT**

[Jane Austen]

Sent DPA request off on 12th June. 40 days is up this Wednesday - 21st. No reply so far.

Should I expect a last minute delivery? Or should I prepare to file against them?

[bram stoker]

Prepare to file.

 

Good luck.

[Jane Austen]

LBA printed out and ready to send. 7 days to comply then it's over to the real court for this one.

[BigCol]

NN,

 

how many year's statements do you have or how far are you going back? I've only just sent off my DPA letter so I will be interested in your progress!

 

Bon Chance mon brave!

[Jane Austen]

I have just collected a parcel of statements from the PO with the following letter:

 

Dear Mrs XXXXXX

Completion of Request For a List of Transactions and Charges - XXXXXXXXXXXXXXXX

I refer to your request for information relating to the above account and now have pleasure in enclosing a copy of the following information:

• A copy of duplicate statements from the date your account opened to current. You will notice that some pages are missing, unfortunately they are not held on our system.

With regard to your request for information relating to manual intervention on your account, HBOS pic is under no statutory obligation to record this information and therefore, I am unable to assist further with your request.

Should you have any general account queries, please contact the 24 hour banking helpline on 08457 20 30 40 (if visa 08457 28 38 48) or if you have any data protection concerns relating to your personal data, please do not hesitate to contact me.

Details of how we use your data can be found on the Internet under the Security and Privacy section at http://www.halifax.co.uk or http://www.bankofscotland.co.uk. If you would like a copy of the registered Data Protection Notification details, this can be found at

www.informationcommissioner.qov.uk. Alternatively, please let me know if you would like me to forward a copy of either to you.

I have enclosed a copy of our leaflet for your information, 'Personal Customer Complaints -Here's what we'll do'.

Yours sincerely

Sam Fraser

Data Protection Consultant

Business Risk - Retail

enc

I am just about to go through them, but they seem to be the full monty.

[Jane Austen]

There's something wrong with the earlier statements going back to March 1998.

 

Although I went overlimit or paid late, several times, there is no record of a charge until January 2000.

 

Surely this is incorrect. They would never have let this go without charging me. Have they been doctored?

[Mairi]

Hello nn,

Maybe they didn't charge late fees before this date. My husbands GE money card didn't start charging late fees until aug 05 and I have kept most of the statements since june 03. he was late with payments quite often.

mairi

[Jane Austen]

Thanks for that Mairi.

 

I've been checking them through and they threatened a late payment charge at the bottom of the statements but never applied it in the early days. They've certainly made up for it since.

 

Anybody out there?

 

I have a question about the spreadsheet as I am in the middle of preparing one for BoS Mastercard. This did not come up with bank charges as I was generally in credit when they took them.

When entering interest - do we enter it for every month from when charges were applied or just for the ones when charges occurred?

[Jane Austen]

Sorted the spreadsheet - I should have gone to the spreadsheet thread first.

 

LBA now posted to BoS card services. 750 + 316.21 interest = 1066.21

Yet another countdown begins!

[Jane Austen]

Received following letter today:

 

Dear Mrs XXXXXX

 

Our Reference: XXXXXXXXXXXXXXXX

 

Thank you for your recent letter regarding the charges, which have been applied to the above numbered account.

As per the terms and conditions of your original agreement, which you signed to confirm you had read, understood and agreed to be bound by, a late payment charge of £25.00 will be applied to your account on each occasion that the minimum payment is not received by the due date shown on the statement. Likewise anytime your account exceeds the agreed credit limit a £25.00 charge will also be applied to your account.

After assessing the OFT findings our charges will be reduced as from 1st August 2006.

In view of the above, I regret to advise I am unable to refund the charges in question as they were applied to your account as per your original agreement.

I trust this clarifies the situation, Should you require further assistance, please do not hesitate to contact our call centre on the above number.

 

Yours sincerely

 

 

Paula Lindsay Customer Services

 

Now, do I wait till the original 14 days is up or file today?

[BigCol]

NN,

I would wait until the 14 days is up, a few others have asked the Question, and it seems like the advice is keep to the timescale originally set so that if you go to court, the judge can see that you have applied reasonable times to the Bank and they cannot argue that you haven't been reasonable. I would wait but it's up to you!

[Jane Austen]

Advice taken.

Claim filed online today.

[Jane Austen]

Claim issued 28th July and deemed to be served on 2nd August.

BoS Mastercard have until 16th to reply. That's my wedding anniversary - I wonder if they'll send me a prezzie? LOL

[Jane Austen]

Got my reply from them. They are threatening to put a legal charge on my current home if I don't pay them the full outstanding balance or agree a payment plan. Talk about heavy handed!

 

In the meantime they have acknowledged my claim online.

[davefirewalker]

hi NN

 

I'm pretty sure that as the account is in dispute they can't do anything legal as yet. Would the refund cover the bill or most of it? I would ask for help from someone who knows better.

 

Dave

[Jane Austen]

Curiouser and curiouser!

Apparently HBOS have sold my account to MBNA and it is them who are threatening to make the legal charge on my home!!!!

[Jane Austen]

I think I have just won.

 

A lady from MBNA phoned yesterday and she knew nothing about the court case. I filled her in and E-mailed copies of my documentation. She just phoned me back and told me MBNA will refund all my charges, pay my interest and freeze the outstanding balance (no more interest)!

[Bookworm]

 

Woo-hoo!!!

[Jane Austen]

Thank you Bookworm. I love your smileys!

[Jane Austen]

:confused: I am really really confused now. :confused:

 

MBNA took over my CC account and we have agreed settlement terms as detailed above in the thread (and in my signature). I have already made 2 monthly payments to them as agreed at the time of settlement.

 

However, in the meantime, BoS have offered me 1186.21 and they have arranged to have this refunded to my credit card account. I have not agreed to accept this but they did it anyway. It comprises 750 in charges, 316.21 interest and my 120 court fee. They have consequently entered a defence because they no longer want to pay the S69 interest which I suppose is fair enough.

 

 

WHAT ON EARTH DO I DO NOW?

[smoorach]

this may be a misunderstanding on my part but does this mean you are being paid out twice for the same claim?

[Jane Austen]

In theory, yes but I no longer have the card and MBNA hold the account. I cannot see where BoS are going to refund the money to.

 

I think it is just a lack of communication and it might just balance the books better for BoS.

[Jane Austen]

Looks like I may be getting it back twice! Watch this space!

[smoorach]

ok so if mbna now hold the card account in theory the bank could still refund to this as they will have the account details. lmao they show thier incompetance at every turn dont they? let me know how this goes as it has made me laugh.

[Jane Austen]

Just been refunded by HBOS!!!!! Details to follow.