Nici vs Cahoot & EX

[Chimera]

huh? I still don't understand... I have sent a prelim letter asking for charges plus interst, and the LBA asking for charges and interest. This is the format of the letter?

"What I require
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .
I enclose a schedule of the charges which I am claiming with this letter"


Is this wrong?

VERY CONFUSED NOW - close to crying....

[Chimera]

Originally Posted by dinghy

As it's only £2k I can see no reason for splitting it...As to the interest... IMHO... They should know what charges have been levied... Think they should be getting the idea by now ! However, I would probably send the breakdown... But it all depends on how helpful you want to be them and how quick you want resolution... (It's possible they may play ball if you are nice to them...)

I did ask at the time... and was advised this was ok...

Am I just getting really confused...

[Chimera]

Can someone please please help... I can only find conflicting methods on what to do... I am concerned as I have already filed court claim.

This is what I did.

1. Sent of Data Protection Act Letter
2. Got Charges Statement
3. ENtered all the Charges and Dates into the basic spreadsheet
4. Sent Prlim Letter, asking for Total and Interest from the spreadsheet
5. Got standard reply - waited the 14 - then sent LBA with the Total and INterest from speadsheet
6. Standard Reply, so filed claim, with Total and INterest from spreadsheet

The thing is.. it says on some threads not to ask for interest until the claim is filed... but in th template it states - charges plus xxxx interest

Have I got this all completely wrong. I could really do with some help, as I have spent £120 I haven't got claiming, and I'm worried I've messed it up. Could someone please help, so that at least if I have done it wrong, I can try to rectify it, and the bank can't make a fool of me.

I don't knwo if I've messed it up completely, used the wrong spreadsheet, or used it at the wrong time. I'm usually quite good with these things, but now I'm just in a panicy mess, and can't get my head round it..

- Should I have just asked for the charges back on the letters? and added the interest when I filed claim?
If so, why is there a space on the template letter for interest?

- Is this going to affect my claim? Can the bank use it against me?

- If it all goes wrong and the bank are found in the right - can I claim again?

STRESS...


Any help would be gratefully recieved..

Thanks

Nici

[Chimera]

I have read through the frequently asked questions and the site, lots of times before I tried to claim. Over and OVer again. I think my brain was on melt down. I am now thinking I shouldn't have used the spreadsheet to work out the 8% interest, with my initial letters. I should have used the more complicated speadsheet to work it out. I have not got the info to do that, so I shoudl have just claimed the charges?? Yes? Am I getting it right now?

But, the only thing that matters is - will this affect my case?
I have asked for the charges and the 8% interest back in my claim - surely I got this right?

I think I am just babbling now.. I'm in overdrive... IN future, I think I will not bother with the interest..

[Slink]

I'm in the same boat as you. Just getting to the second stage where I make a prelim request and the template has the space to mention interest charges but then other places on the site say not to mention it until the court stage. Very confusing.

Sorry I'm not answering your thread but hopefully someone will be able to clarify it for us.

[Chimera]

Originally Posted by Slink

I'm in the same boat as you. Just getting to the second stage where I make a prelim request and the template has the space to mention interest charges but then other places on the site say not to mention it until the court stage. Very confusing.

Sorry I'm not answering your thread but hopefully someone will be able to clarify it for us.

That's fine... Glad I'm not the only confused one.. hopefully someone will be able to help.. I am really worried that I have done it all wrong.. and there is about 2.5k at stake here.. I did read all the threads and researched it thoroughly.. thought I had it sorted in my head... NOw I'm not so sure...

I'm not too bothered about the interest now.. but I am just worried that sending incorrect interest info in prelim and LBA will affect my moneyclaim.. and if so.. how do I rectify it now?

[counterbalanced]

When you fill out the claim there is the 'Amount Claimed' which will have the total of your bank charges, plus overdraft interest (if you are claiming this), plus the 8% interest. Then you have the 'Court Fee' box which will have the fee you paid for filing the claim, then at the bottom there is the 'Total Amount' box which is the sum of the 'Amount Claimed' box and the 'Court Fee' box.

The 'Total Amount' box is the amount they have to pay in order to settle the claim, so it includes the court fee. If you put something about daily interest in your claim, then it will be a bit more than this, depending on when the claim is finally settled.

Well thats the way I understand things anyway, and if they make me an offer it will have to be for the Total Amount for me to accept.

[Chimera]

Originally Posted by counterbalanced

When you fill out the claim there is the 'Amount Claimed' which will have the total of your bank charges, plus overdraft interest (if you are claiming this), plus the 8% interest. Then you have the 'Court Fee' box which will have the fee you paid for filing the claim, then at the bottom there is the 'Total Amount' box which is the sum of the 'Amount Claimed' box and the 'Court Fee' box.

The 'Total Amount' box is the amount they have to pay in order to settle the claim, so it includes the court fee. If you put something about daily interest in your claim, then it will be a bit more than this, depending on when the claim is finally settled.

Well thats the way I understand things anyway, and if they make me an offer it will have to be for the Total Amount for me to accept.

Fantastic.. so I have filled in the claim forms correctly. I have claimed charges plus 8% interest. And the court costs are added automatically @ £120.

It is just the prelim and LBA action letters, which state interest which is worked at at 8%, not the actual overdraft interest percentage.. Will they use this against me? The charges are correct... just the interest that is wrong on the letters... Hoping because I got it right on the MOneyclaim form, it should all be good...

[Chimera]

Just had a panic moment this morning - I didn't put 8% charges on for the credit card charges. Not that I am bother about the interest - but will this go against me... why didn't my moment of clarity happen before I filed the claim... so to clarify what I have done wrong (I think)

Premlim & LBA both included interest at 8%
Claim Filed - but no 8% interest charged for Credit Card charges (minimal anyway!)

I am quite anxious as the claim id for around £2,500. I don't want the banks to have mud to sling at me...

Can any of the mods help, or is there anyone I can PM?

I really did read the FAQs and the Forum Thoroughly, for months... My brain thought I had it sussed.. but obviously I didn't... has anyone else been in this situation??

[Chimera]

Issue now resolved I think.. Please see

http://www.consumeractiongroup.co.uk...l-mistake.html

Hope this helps others

[Chimera]

Just had a thought... could cahoot close my c/card account and my loan account? or just my bank account? Bank account covered as charges outweigh the o/draft and I have a HSBC account that I've had for about 20 years, but I have £5000 between the loan and credit card - do you think they are likely to close these? and if so, any suggestions of what to do?

[Chimera]

OK... getting a bit nervous now... still says on MCOL that claim is just 'issued'... would it say online if it had been acknowledged???
Also, it says the defendent has until the 26th July to reply.. is this inclusive of the 26th. ie when can I apply for juudgement by default? eveing of the 25th, or 26th??
Getting nervous now.. but no doubt theyw ill put something in tomorrow... think they are just dragging it out!!!

[Abby]

It would say if it had been acknowledged. I believe you can claim as soon as the 26th is over.

I have 14 days from the 12/7/06 so will be trying to claim a judgement on 27th.

[Chimera]

Cool.. I will be trying at midnight tonight... lol

[Chimera]

Just entered Judgement by default... will see what happens now...

[Abby]

Well done. It is a victory of sorts.

What do you think will happen next? Prehaps a setaside judgement of some kind?

[Chimera]

That's what I am thinking they will do.. but am HOPING that they just can't be bothered paying out solictors to deal with letters etc, and will just pay up now!! We can but hope!!

[Chimera]

accepted by court and sent to bank... don't they have to have a really good reason to have it set aside..???
and when do I get to sent the baliffs in?

[Abby]

I think they can claim they did not get the papers, eg if you used the wrong address.

I am not sure which is the right address Lombard Street or Friars Court.

A lot of the Abbey ones have had setaside judgements (around here setaside is what you do to a field).

I think you get to send the baliffs in 14 days after the judgement is accepted, but don't quote me on that.

[Abby]

I used this address
Abbey National plc
21 Prescott Street
London
E1 8AD

And I think I should have used this one;
Friars House
PO Box 1981
Coventry
CV1 2BR

Although I notice that Johnny used the Friars court and got a judgement by default and the money went straight into his account, so prehaps you will suddenly find ££££'s in you account!