MattyA's Masterplan....

[di30]

Re: MattyA's Masterplan....

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

[ken100464]

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.

[MattyA]

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

[ken100464]

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

[MattyA]

Re: MattyA's Masterplan....

Cheers Boss - My comment was a flipant & lightheated one, I wasnt having a pop at flower nor was I or am I offended / upset in anyway.
Apologies Flower if it came across that way.

Re : Amex - Its probably time to cut my losses and reach agreement with them.

I have had our friendly site sols in the case (running in tandem with FOS) as FOS were taking so long & Amex had upped their offer prior to the FOS decision....so I think it is time to settle this one.

Doesnt make it right though & I just wonder how many people Amex have had offer / the FOS have let down this way.

Matty

After a long and hard fought battle with AMEX , I have recieved a cheque today in full & final settlement from AMEX & thanks to a prod or two from the sight solictors the settlement figure is substantially higher than originally offered by Amex
(Thanks Gilly)
Their offer included contractual interest even though the FOS OMBUDSMAN doesnt see fit to award on my other part of my claim against AMEX on the same account for the refund of default charges.


It just goes to show - DONT GIVE UP!!

Good luck to all

Matty

[Never-In-Doubt]

Re: MattyA's Masterplan....

I think I will....fancy a look at the agreements?



Matty

If you have them yes please

[MattyA]

Re: MattyA's Masterplan....

I think I will....fancy a look at the agreements?



Matty

PS: No chance of credit for a while.....lol

[MattyA]

Re: MattyA's Masterplan....

Mate take the cash etc and enjoy the account - I would. You can always try for UE later (when you can get credit elsewhere).... nothing stopping you

I think I will....fancy a look at the agreements?



Matty

[MattyA]

Re: MattyA's Masterplan....

But the reason for postponement is good isn't it? Isn't it...?

Sorry missed this one as well - I have been away licking my wounds for a while....

Anyways - in answer to your question,not sure TBH if its a good or bad thing.

I was up for the fight ,to get the thing finished as were the sols - barrister on board et al.

Only good thing that MAY come out of this ,is that if I win interest is clocking up week in week out on a fairly substantial sum.

If I lose I guess it swings the other way.

Matty

[Never-In-Doubt]

Re: MattyA's Masterplan....

Mate take the cash etc and enjoy the account - I would. You can always try for UE later (when you can get credit elsewhere).... nothing stopping you

[MattyA]

Re: MattyA's Masterplan....

Or take the refund now, in cash (presumably you're up to date?) and then go ue

Sorry Boss - missed this.

I am sorely tempted to max out OD & CC with them and go UE to get even with 'em.

I could squeeze the best part of 10K out of 'em if I maxed out - This is the one account that I have kept up to date as wages and all bills go through it.
As you know I have experienced some difficulty in obtaining alternative banking services ....

Account goes back to the 80's when my basic account was upgraded (for a fee -lol) to an Orchard account which included an midland access credit card - how privaliged I was!



Matty

[Never-In-Doubt]

Re: MattyA's Masterplan....

Update

One of the wheels has come off

It looks like the masterplan isnt so good after all.

HFC have today thwarted my counterclaim and efforts to cancel my debt / recoup my mis-sold PPI premiums and associated interest by getting my case,which was due to be heard this Wednesday,'stayed' pretty much indefinatley - at least until some time in 2013.......by which time I will have been fighting this more than 3 years!

They are Feckers - I have tried to sort this amicably from day one and they have no intention of doing so.


Matty

But the reason for postponement is good isn't it? Isn't it...?

[Never-In-Doubt]

Re: MattyA's Masterplan....

Last one for tonight.....

HSBC have knocked me back re my claim for overpayments made to my card due to PPI & interest inflating my 'actual' outstanding balance.

They are just stonewalling me,having not answered any of my previous points or questions and have suggested that I now take this to the FOS or legal.

This lot have been particularly difficult to deal with from day one and I am now considering maxing out my facilities with them and going for it down the CCA route with my unsettled PPI claim as a counter claim once they start on me.

Matty

Or take the refund now, in cash (presumably you're up to date?) and then go ue

[MattyA]

Re: MattyA's Masterplan....

Update

One of the wheels has come off

It looks like the masterplan isnt so good after all.

HFC have today thwarted my counterclaim and efforts to cancel my debt / recoup my mis-sold PPI premiums and associated interest by getting my case,which was due to be heard this Wednesday,'stayed' pretty much indefinatley - at least until some time in 2013.......by which time I will have been fighting this more than 3 years!

They are Feckers - I have tried to sort this amicably from day one and they have no intention of doing so.


Matty

[MattyA]

Re: MattyA's Masterplan....

Thanks Niddy,SX & Di.

Di is correct that credit cards are treated differently and I believe that senario 2 above relates best to my accounts.

I have reconstructed the accounts as per this and the balance becomes positive in August 2003 and stays that way (positive balance just gets bigger and bigger).

HSBC have given back SI on the resultant positive balance (along with PPI premiums and associated interest - which I agree with) but this figure is much less than the payments made by me from August 2003 and the interest applied to the balance of my account (excluding PPI and associated premiums) - therefore my account has not been reconstructed to put it in a position it would have been in if PPI had not been applied.

Total SI @ 8% offered by HSBC £2600 - I work this out to be over £7K

Payments made to the account by me since August 2003 (when the reconstructed balance becomes positive) = £23K

Interest applied to the account by them since August 2003 = £10K

Then SI on the above in compensation for being deprived of that money brings it to up circa £50K.

I am at the stage now where I need to know if I am right or wrong in my assumptions cos I will need to act swiftly and it will probably mean the legal route.

Thanks for your help everyone

Matty

Last one for tonight.....

HSBC have knocked me back re my claim for overpayments made to my card due to PPI & interest inflating my 'actual' outstanding balance.

They are just stonewalling me,having not answered any of my previous points or questions and have suggested that I now take this to the FOS or legal.

This lot have been particularly difficult to deal with from day one and I am now considering maxing out my facilities with them and going for it down the CCA route with my unsettled PPI claim as a counter claim once they start on me.

Matty