Success but how far to push it?

[james robertson]

Hi all,

My wife has been complaining for years to GE Money/Santander about unauthorised deductions for 'Account Cover' from a store card without so much as a response and in march last year sent them an ultimatum that if they didn't correct it she would stop paying. - no response.

Santander just sent out default notice and sent in debt collectors, dealt with debt collectors after harassment no problem but still no response to main complaint despite telling debt collector and including it in CCA request.

next santander send in F*****x solicitors and one letter then summons appears, solicitors do not respond to letter explaining existing unresolved complaint so forced to enter defence and counterclaim. counter claim is larger than outstanding sum, and is calculated using each separate unauthorised deduction and compounding interest at their monthly rate on it to date of summons and then adding them all together (shocked at how quickly it mounts up)

Solicitors enter defence to counter claim but they have no evidence of original agreement to take 'account cover' whereas we have lots of evidence including original CCA which states Account Cover not taken.

Quite apart from Santander going straight to court at speed, they are i believe doing it to avoid our complaining through the FSA or Financial Ombudsman Service whichever; they merely said that they did not owe my wife anything basically because they said so.

I had included an admin fee of £10 which I had pre-warned them of and a £100 for compensation for falsely deducting and failing to respond to our complaint. this was in addition to the return of premiums and compounded interest which meant that they owed my wife nearly £400 instead of her owing them £300.

Any way my question is, now we have both completed allocation forms they have written with a 'Consent Order' offering to withdraw claim if we withdraw our counter claim??????? My first reaction was YES!!!!!!!!!!!. then I'm wondering why have they done this now? they claim the reason is to save further costs...... i'm thinking it to save having to pay my wife!

What do you think we should do now we have a week or so to decide!

[Amethyst]

Re: Success but how far to push it?

Sounds good Could you post up the text of the consent order pls.

[james robertson]

Re: Success but how far to push it?

Ok here goes .....

[james robertson]

Re: Success but how far to push it?

Ok here goes .....

Ok you seen the consent order wording what do you think, are they trying to settle because it's for nothing or do I go for the outstanding £400 I claim they owe me?

I'm running out of time....

[Turboman]

Re: Success but how far to push it?

Hi James

I don't know your level of expertise in SS's and indeed in calculating your interest-or whether you using a templated SS -but some people get it wrong as soon as they go outside the 8% statutory --- not suggesting you have of course

But if you like-you can post up your SS & me & Bill will check it for you- Bill is whizz on CI and DI incidentally

[Amethyst]

Re: Success but how far to push it?

The consent order looks good james, apologies for not noticing you had posted it up before.

No traps in it that I can see.

As Turbo says have a look at the interest element and see what the risk vs benefit may be of not accepting the consent order and drawing a line under the issue. If it is minimal then I'd be inclined to accept the end of the matter myself.

[Bill-K]

Re: Success but how far to push it?

At first glance here, it looks like your claim would be upheld, and that Santander simply thought you would back down before they blinked. Well done for seeing it through.

If you are claiming:
1. the PPI charges made, and
2. the portion of account interest charged, which is directly attributable to the PPI charges,

then that is entirely along the FOS guidelines, and would be supported by the FOS, I am sure. Additionally, the FOS would normally direct that interest at the 8% Statutory rate be added, along with compensation - in this case I would think more than £100.

The method of calculating the account interest is important, though. We would be happy to check all this for you, and give you our own estimate of what the FOS would award (and therefore what you could reasonably expect a court to award, also).

As Ame says - you can decide whether to accept the offer as is, or (possibly) go for more.

[james robertson]

Re: Success but how far to push it?

Hi thanks to all, please see attached spreadsheet, i think i got it just about right but would like to hear your comments.

[Turboman]

Re: Success but how far to push it?

Hi thanks to all, please see attached spreadsheet, i think i got it just about right but would like to hear your comments.

Interesting layout--we aint seen it laid out done like that before -I'll transpose the acrtuals to a simple vertical col & get Bill to annotate his formulas to check it later tonight---unless you already got the actuals in a single vertical col as TRANSPOSE works on rows & cols so will be a manual job

[james robertson]

Re: Success but how far to push it?

Interesting layout--we aint seen it laid out done like that before -I'll transpose the acrtuals to a simple vertical col & get Bill to annotate his formulas to check it later tonight---unless you already got the actuals in a single vertical col as TRANSPOSE works on rows & cols so will be a manual job

Ah........ Sorry, this is the only format i have it in, but it shows exactly how each debit entry on the account accrued interest, using their own published interest rate

obviously later debits have accrued less than the first illegal debits,

I wait with baited breath

[james robertson]

Re: Success but how far to push it?

Ah........ Sorry, this is the only format i have it in, but it shows exactly how each debit entry on the account accrued interest, using their own published interest rate

obviously later debits have accrued less than the first illegal debits,

I wait with baited breath

still waiting with anticipation?????????

[Turboman]

Re: Success but how far to push it?

still waiting with anticipation?????????

Sorry---got sidetracked (again)--on your case

[s14lhp]

Re: Success but how far to push it?

before accepting, please ensure they agree to restore your credit file to its perfect state as this could affect any future borrowing.

[Bill-K]

Re: Success but how far to push it?

I've put your figures into one of our spreadsheets, James, and I hope Turbo will be able to check them soon, but I'm confident that they are OK. The totals concur with yours with two exceptions:-

1. The date on this spready automatically updates itself, so this has increased the total by approx. £20.
2. There was no provision for adding Compensatory Interest, so this has been added at the 8% Statutory rate.

There are some notes included in the spready, but the main points are that the account balances need to be checked. If the Cumulative Total of PPI & Debited Interest exceeds the balance in any month, then the actual Debited Interest claimed must be capped.

Historic account interest rates need to be checked - but if possible, check all figures & dates, just to be sure.

This spready shows a total claim of £775.55 as at today's date. As said, you might be entitled to compensation in addition to this.

[james robertson]

Re: Success but how far to push it?

I've put your figures into one of our spreadsheets, James, and I hope Turbo will be able to check them soon, but I'm confident that they are OK. The totals concur with yours with two exceptions:-

1. The date on this spready automatically updates itself, so this has increased the total by approx. £20.
2. There was no provision for adding Compensatory Interest, so this has been added at the 8% Statutory rate.

There are some notes included in the spready, but the main points are that the account balances need to be checked. If the Cumulative Total of PPI & Debited Interest exceeds the balance in any month, then the actual Debited Interest claimed must be capped.

Historic account interest rates need to be checked - but if possible, check all figures & dates, just to be sure.

This spready shows a total claim of £775.55 as at today's date. As said, you might be entitled to compensation in addition to this.

Wow!!!!:beagle:

What can I say, I know the interest rates are correct, as for the 'capping of interest' surely if that was allowed then it would be allowing Santander to take some of those monthly payments already made as interest on unauthorised debits!

However your spready is brilliant, compared to my humble effort, but i'm glad that you agree with the basic maths.

reference statutory interest, I had included in our claim something for interest but not at that rate so that is a bonus.

and I have no idea how compensation might be calculated and therefore no idea how much to expect or demand any hints?