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  • Re: MattyA's Masterplan....

    Interesting this Matty.

    Why didnt they uphold the charges bit?

    Were you able to prove the recon balance was below your limits for overlimits or in credit for late fees? Or were you just claiming them because they were penalty fees?

    Cheers

    Comment


    • Re: MattyA's Masterplan....

      They (Both the FOS & Amex) upheld the PPI & charges claim - but did not agree to my claim for the refund of contractual interest applied to the charges by Amex.
      Amex made me a take it or leave it offer on both my PPI and charges reclaim , which was for the refund of all premiums and charges + 8% simple interest.
      Amex said that they didnt apply interest to PPI premiums or default charges - I proved otherwise by sending copies of statements which clearly shoed that contrcatual interest had been applied to the whole of the outstanding balance.

      I didnt accept this and went to the FOS who agreed with Amex - despite the copy statements proving otherwise.
      I took this (the default sum part of my claim) to the ombudsman who also didnt agree and upheld the adjudicators views / decision.
      They simply did not read / did not want to read the facts.

      Fortunatley I had engaged a solicitor to fight the PPI & interest claim and Amex have now settled that at long last including contract rate interest and 8% simple interest.

      This increased the payout substantially.

      Not really worth pursuing the default charge side of things any further due to the small sums involved.

      I just wonder how many poeple have been brow beaten into accepting whatever Amex / other banks & they FOS say / throw at them in the 1st instance.

      Matty

      Comment


      • Re: MattyA's Masterplan....

        That is something like where we are with one of ours and like you say I wonder.

        3 out of 4 of mine have been wrong. And one is using what you have just alluded to with contractual interest but little do they know I have a plan B and they are always useful.

        It beggars belief that they seperate out the PPi and charges into a seperate pot and dont charge on it. If they did they should be showing it as a seperate charge like purchases and cash do.

        And for the ombudsman to side with them just shows how biased they are.

        They say time and again on their website that when PPI has been miss-sold they must return the customer back to where they would be if they hadnt had PPI.

        Reconstruct the account which I dont think they do very well.

        Joe Public is just seeing x pounds and thinking great new telly holiday whatever not thinking they are just getting own money back and not even all of it.

        Glad the charges element isnt such a great deal for you.

        I am not going to muddy the water with charges I know I got no chance with but ones where the recon balance is less than limit or balance goes to credit at the end of account but got late fees I certainly will argue.

        Great when you see someone else picking up that the banks are still at it and it is not me thats going mad.
        Last edited by ken100464; 6 November 2012, 23:39.

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        • Re: MattyA's Masterplan....

          Excellent result Matty!!!! Very chuffed for you!
          Perservering does help, well done to you!

          Comment


          • Re: MattyA's Masterplan....

            Originally posted by di30 View Post
            Excellent result Matty!!!! Very chuffed for you!
            Perservering does help, well done to you!
            Thanks di - Its been a while this one as it started in july 2010 - but we got there in the end.

            Hopefully others will see that even if you get an offer it is still likely to be in the banks favour and worth questioning and fighting over.

            Matty

            Comment


            • Re: MattyA's Masterplan....

              Originally posted by ken100464 View Post
              That is something like where we are with one of ours and like you say I wonder.

              3 out of 4 of mine have been wrong. And one is using what you have just alluded to with contractual interest but little do they know I have a plan B and they are always useful.

              It beggars belief that they seperate out the PPi and charges into a seperate pot and dont charge on it. If they did they should be showing it as a seperate charge like purchases and cash do.

              And for the ombudsman to side with them just shows how biased they are.

              They say time and again on their website that when PPI has been miss-sold they must return the customer back to where they would be if they hadnt had PPI.

              Reconstruct the account which I dont think they do very well.

              Joe Public is just seeing x pounds and thinking great new telly holiday whatever not thinking they are just getting own money back and not even all of it.

              Glad the charges element isnt such a great deal for you.

              I am not going to muddy the water with charges I know I got no chance with but ones where the recon balance is less than limit or balance goes to credit at the end of account but got late fees I certainly will argue.

              Great when you see someone else picking up that the banks are still at it and it is not me thats going mad.
              Hi Ken.

              You are spot on with everything you say - so many people are getting short changed by the banks and the FOS.

              Well done for picking up on the recon side of things it can make such a difference when challenged - if you have the info to back your claim up.

              Good luck with your fight.

              Matty

              Comment


              • Re: MattyA's Masterplan....

                Originally posted by MattyA View Post
                - if you have the info to back your claim up.


                Matty
                As you have already found out before me these are long drawn out affairs where information is king.

                I now have their own calculations and an interesting read they are indeed.

                I also now know a certain well know consumer forums spreadsheet is omitting a very very very important bit of info or at least a warning.

                This has almost ruined my claim but am still hopeful I can turn it around. But would have been good to know this before hand.

                Sadly while obtaining the infomation for myself I read a thread about someone taking on Cap One for a PPI claim through court based on this spreadsheet.

                The thread has turned from a punter thinking he going to get a fortune back and therefore went to court and not FOS, He has just twigged his claim isnt the fortune he thought indeed its very much less than the debt itself.

                Cap One are counterclaiming and have indicated they are seeking CCJ and CO for the debt.

                On poor information he has gone from a creditor accepting arranged payments and a potential small PPI claim to offsett even more debt to a complete mess with legal fees a CCJ and a CO looming. The PPI element has not even been admitted by Cap One. Complete disaster for the guy.

                So as you say information to back your claim up is a must
                Last edited by ken100464; 8 November 2012, 10:09.

                Comment


                • Re: MattyA's Masterplan....

                  Yes - never give in and never stop fighting.....no surrender!

                  Comment


                  • Re: MattyA's Masterplan....

                    Originally posted by MattyA View Post
                    The Mint thing rumbles on ( as do the others TBH)

                    Mint and RBS have ignored everything I have written to them.
                    Latest letter has been returned to me , stating that my complaint is already logged - Nothing else.
                    That is the whole reason behind my last letter - I have not received a response to any of my previous letters and was reitterating my points and asking for answers!

                    They have paid themselves back evrything outstanding on the account , including many default sums / fees....and now dont want to know.

                    Not good - They are feckers

                    Matty

                    The Mint thing rolls on - they wont send me a breakdown of how they arrived at 'their' settlement figure applied to my account.
                    IE - They paid themselves back the £10K outstanding balance and sent me a cheque for the remainder.

                    I have written to them a number of times and they have knocked me back each time.

                    I therefore complained to the FOS before I was out of time to do so....and they are now looking into it.

                    I also SAR'd Mint on the 10-10-12 , which the have returned saying that as the account is closed - they closed it! - they cant action the SAR unless I send them 3 bank statements or utility billl etc etc before they will provide the information requested.

                    As I said above they are feckers!

                    Any ideas of what I can respond to with this one?

                    I am not going to give up and will go down the court path if needs be.

                    Can I complain to ICO about this or are they boxing clever?

                    Any ideas / help will be much appreciated.

                    Matty

                    Comment


                    • Re: MattyA's Masterplan....

                      Originally posted by MattyA View Post
                      The Mint thing rolls on - they wont send me a breakdown of how they arrived at 'their' settlement figure applied to my account.
                      IE - They paid themselves back the £10K outstanding balance and sent me a cheque for the remainder.

                      I have written to them a number of times and they have knocked me back each time.

                      I therefore complained to the FOS before I was out of time to do so....and they are now looking into it.

                      I also SAR'd Mint on the 10-10-12 , which the have returned saying that as the account is closed - they closed it! - they cant action the SAR unless I send them 3 bank statements or utility billl etc etc before they will provide the information requested.

                      As I said above they are feckers!

                      Any ideas of what I can respond to with this one?

                      I am not going to give up and will go down the court path if needs be.

                      Can I complain to ICO about this or are they boxing clever?

                      Any ideas / help will be much appreciated.

                      Matty

                      Grrrrrrrr what are they like.

                      They are being a pain, probably on purpose.

                      Have you also tried writing to the CEO?
                      Or ask your local MP to do this on your behalf Matty?

                      It has worked for some by using an MP, depending on how lenient your's is really.

                      Just a suggestion, but maybe someone will come up with another suggestion.

                      I can't see no harm in you contacting the ICO as well, I would do that if it were me.

                      Comment


                      • Re: MattyA's Masterplan....

                        Originally posted by di30 View Post
                        Grrrrrrrr what are they like.

                        They are being a pain, probably on purpose.

                        Have you also tried writing to the CEO?
                        Or ask your local MP to do this on your behalf Matty?

                        It has worked for some by using an MP, depending on how lenient your's is really.

                        Just a suggestion, but maybe someone will come up with another suggestion.

                        I can't see no harm in you contacting the ICO as well, I would do that if it were me.

                        Cheers Di.

                        No I havent written to CEO on this one - will do now as they have been obstructive from day 1.

                        I will also write to MP and complain to ICO.

                        I will be as difficult as they are being now.

                        Thanks,

                        Matty.

                        Comment


                        • Re: MattyA's Masterplan....

                          Excellent news with Amex matey - so Watsons helped after all. Great
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                          • Re: MattyA's Masterplan....

                            Mint - did they assign it mate?

                            Thing is after absolute they still try and pay themselves

                            If they've done it here we could try for the £10k refunding then offer the originating dca a lower offer
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • Re: MattyA's Masterplan....

                              No it never went anywhere - They admitted that they didnt have an agreement so was UE and they wouldnt take me to court.

                              It went through a few DCA's but I fobbed em off.

                              I pursued them for the PPI as I had worked out it was far in excess of what I owed em - based on the formulas used by other banks to settle my complaints with them.

                              What is absolute?

                              They admitted a mis-sell to FOS and just sent me a statement 1 day which showe my delinquent account suddenly paid off and £4K odd in credit.

                              That was last Christmas and when the fun began.

                              I didnt accept their payment in full & final as it was several thousand pounds light.

                              I asked them for breakdowns of how they arrived at their figure and pursued them for the refund of default charges.

                              They have repaid the default charges - but will not provide detailed breakdowns showing how they have arrived at their settlement.

                              I have recently SAR'd em in the hope that they will provide details of their calculations re my PPI claim but they have returned my cheque and asked for further ID as the account is closed ( By them ).

                              Hope this makes sense



                              Matty

                              Comment


                              • Re: MattyA's Masterplan....

                                Originally posted by MattyA View Post
                                I asked them for breakdowns of how they arrived at their figure and pursued them for the refund of default charges.

                                They have repaid the default charges - but will not provide detailed breakdowns showing how they have arrived at their settlement.

                                I have recently SAR'd em in the hope that they will provide details of their calculations re my PPI claim but they have returned my cheque and asked for further ID as the account is closed ( By them ).

                                Hope this makes sense



                                Matty
                                I wonder how many people are just accepting all this.

                                All mine have been calculated wrong bar one.

                                They are stiffing the public again.

                                Comment

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