Living in Spain, Mbna debt passed to Hillesden Securities Ltd

antrobus

callum9999 wrote: »

.. I assume they can take you to court in Spain over it but I doubt they'd bother for £2k and as I said, I don't really know much about this process.

No, they'd take you to court in the UK.

lisa1967 wrote: »

Spain does not pursue an English debt ...

Err, yes they do. Every country in the EU has signed up to a mutual recognition pact as regards civil judgements. Google 'Brussels Convention', 'Brussels Regulation', or 'EU Regulation Number 805/2004'. Basically if you get a CCJ against someone, you just fill in a form to get an European Enforcement Order and away you go.

Of course whether or not they'd bother for £2k is something else.

hushhush

meer53 wrote: »

How can you be ripped off by interest being applied to your account ? You only incur interest by spending on a card and not making full repayments to clear it.

I'd also be interested to hear how you were defrauded by a bank but the FOS found in their favour ?

Very simple really, because interest was being applied to the account on balances that where in effect still under a promotional rate of a lower percent, they where charging a much higher level of interest on a proportion of the balance that shouldn't have been, had I not noticed they would simply carried on doing it, I would advise anybody on a promotional rate to check any such interest being applied.

The FOS have not found in there favour, I said proving fraud against the individual is a much easier task than a bank, when I raised the point to the FOS suggesting any such alleged offence the comment was "how do you prove it", but I would repeat they have by no means found in there favour, far from it.

redpete

hushhush wrote: »

Very simple really, because interest was being applied to the account on balances that where in effect still under a promotional rate of a lower percent, they where charging a much higher level of interest on a proportion of the balance that shouldn't have been, ...
The FOS have not found in there favour, I said proving fraud against the individual is a much easier task than a bank, when I raised the point to the FOS suggesting any such alleged offence the comment was "how do you prove it", but I would repeat they have by no means found in there favour, far from it.

So what you claim is fraud could easily be a mistake, either by someone entering the wrong data somewhere or by someone programming some software incorrectly or by a manual or automatic process not coping with a particular sequence of events.

It is highly unlikely that systemic fraud by a bank against a large number of customers would go uncovered, and it is highly unlikely that a bank would bother to choose your account (or a small number of customers) to deliberately defraud

bigadaj

hushhush wrote: »

Very simple really, because interest was being applied to the account on balances that where in effect still under a promotional rate of a lower percent, they where charging a much higher level of interest on a proportion of the balance that shouldn't have been, had I not noticed they would simply carried on doing it, I would advise anybody on a promotional rate to check any such interest being applied.

The FOS have not found in there favour, I said proving fraud against the individual is a much easier task than a bank, when I raised the point to the FOS suggesting any such alleged offence the comment was "how do you prove it", but I would repeat they have by no means found in there favour, far from it.

Surely you prove it by generating copies of your original agreement, statements and if necessary calculations to show that the bank is wrong. If you are correct then the bank will refund you and offer a limited amount of compensation, and if not you go to the regulator.

jenifferhomes

So in short you know nothing about what she is asking about but thought you post your 2 cents worth anyway ! ( what a nerd )

talana

jenifferhomes wrote: »

So in short you know nothing about what she is asking about but thought you post your 2 cents worth anyway ! ( what a nerd )

And without wanting to wade through the whole thread again it would help if you say who say which post that's directed against (or quote it) when you reference it.
Otherwise it's a bit meaningless (well it is anyway...).

hushhush

Say it again, there where 3 different levels of interest applied to different balances that was outstanding on the card, these where promotional rates, the 1 promotional rate was set to run at a very low rate for the life of that part the balance, the card increased the level of interest after just 3 months, in fairness I did not notice straight away, when i did I pointed it out to the card that the interest was running at 21.5%, not 1.9%, they denied this and said it was in order, it was running at this level for about 8 months in total, I challenged them on this, set them statements and sent them copy of the promotional letter as sent to me.

They then came back and said the letter did not comply with the 'Terms & conditions' set out by the bank, they offered to send me the terms and conditions.

I did not except that and challenged them further with the threat of the FOS, they in turn came back and said that the offer in fact had been terminated because a payment had been received late, I in turn asked what payment, they pointed out the month the late payment applied to, I proved that the payment had cleared my account to them 7 days before the due date, they did not respond, I then took it to the FOS.

So alleged fraud as far as I'm concerned would be based on Intent, Benefit, and Loss to the victim, so intent because they went down the road of covering it up and when the FOS proved that the payment had been received there you have a deliberate lie, Benefit because they gained a pecuniary advantage by taking an artificial level of interest and the loss to me is that I was led to believe that I could take advantage of cheap money and increasing my balance when it in fact wasn't the case.

They where fined £500 for not investigating the matter in a proper manner, and they redressed the interest, but from the point that the FOS came to there decision I was sent a letter withdrawing the promotional rates due to adverse information on my credit file and again when i challenged them about this i was quoted "terms and Conditions"

At which point they offered me the option to cancel my card, in other words they got a slap in the mouth and where proven wrong so they got tw*ty about it and acted like the idiots they are.

So how the F*** anybody can turn around and say it was faulty software or somebody pressing the wrong information in is beyond me, they are and where wrong, simple as.

Furthermore, the FOS are overwhelmed with complaints against banks for doing just this kind of thing so how people are surprised is again beyond me, the average wait time to sort these idiots out is anything between 12 weeks and 2 years, not just because they are complicated but because the FOS can't cope.

hartcjhart

OP, while I dont condone what you have done,if you do not have contact with them for a period of five years the debt becomes statute barred and non collectable,and I seriously doubt they would send the debt collectors round
however if it is sitting on your mind then do as the other poster said, offer them a settlement figure,start at 10% and see what happens

(hushhush) being the other poster

hushhush

hartcjhart wrote: »

OP, while I dont condone what you have done,if you do not have contact with them for a period of five years the debt becomes statute barred and non collectable,and I seriously doubt they would send the debt collectors round
however if it is sitting on your mind then do as the other poster said, offer them a settlement figure,start at 10% and see what happens

Completely agree, that's what I would have done, I have a relative that's quite high up in the pecking order of one of the countries biggest debt and finance companies in the UK.

What she said to me is this, once the bank have got past the debt being passed on through the bank and underwriters, its gone, they have already written it of, in fact most banks would rather get 300 to 500 quid in on a balance of that amount, because by the time somebody has offered them £5 a month or whatever, its not worth having, its not even worth the debt collection companies dealing with it, fact of life.

bigadaj

jizzler wrote: »

So in short you know nothing about what she is asking about but thought you post your 2 cents worth anyway ! ( what a nerd )

Jeniffer this is what you are supposed to do (no I don't mean copy the post!)