Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Cool Let Battle Commence **WON**

    Greetings to one and all. It's been a while since I was last on this most excellent site and guess who is the next target.
    I received a reply to wifey's SARicon today and I need to calculate interesticon on the charges. Last time round I used a template from Vampiress's Chambers but the links don't seem to work any more. I've looked at the CAGicon spreadsheets but they only seem to calculate at 8%.
    Does anyone have any suggestions (other than getting a degree in maths).

    Cheers, T.

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  2. #2
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    Default Re: Let Battle Commence

    Hi Skint and welcome to the BC forum,

    You have 2 choices:-

    1) Go for refund of charges within the last 6 yearsicon and BC will refund in full possibly with an 8% flat bonus on top. They'll do this without you going to court. Use the simple spreadsheet for credit cards to list the charges.

    They may initially offer to refund only the balance between the charges you paid and £12, but they'll increase it to all chgs quickly.

    2) Go for refund of charges PLUS interesticon on those charges at the Contractual Rate which will increase your claim considerably. Use the Advanced credit card spready or the one here - http://www.shweb.pwp.blueyonder.co.uk/interestcalcs.xls

    BC will refuse to refund this and you'll have to file your claim at court. You'll have to prepare and print 3 copies of your Court Bundle. You'll have to File and Serve copies to the court and to BC respectively. They'll negotiate with you only when you have a final court hearing date and you'll need to understand, and be prepared to argue in court, the basis on which you are claiming the Contractual interest in restitutionicon.

    Some users have claimed this and won, while others have started off on this route but backed down during later negotiations.

    Steven's Interest Tutorial is essential reading - http://www.consumeractiongroup.co.uk...-tutorial.html

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  3. #3
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    Default Re: Let Battle Commence

    Hi Slick. Thanks for the excellent info. I quite take your point: however, between me posting and you replying I found the spreadsheet I was looking for and immediately sent a preliminary request for charges + interesticon at their contractual rate.

    The charges aren't a great deal, a little over £100 and on reflection it probably isn't worth the grief of going to court and sorting that much paperwork.

    Is it possible to re-calculate the interest and submit it without BC thinking I'm a soft touch?

    Cheers, T.


  4. #4
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    Default Re: Let Battle Commence

    Hi Skint,

    Write to BC now and say you've reconsidered your position and, as the amounts involved are not worth taking the claim into court, you will settle for repayment of the charges without interesticon at the contractual rate.

    Send them a revised SOC and ask them to repay your charges on this basis. Do this on the site spreadsheet for Credit Card - Simple version.

    Don't print the s.69 Interest column at this stage as you can only claim that when/if you file your claim at court. Doing it this way, I doubt you'll need to file at court.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.

  5. #5
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    Default Re: Let Battle Commence

    Hi Slick. Thanks for coming back again.
    I had considered doing this but, as I said in my last post, I didn't want to give them the wrong impression.
    I'll get the revised demand off PDQ and keep you informed.

    Cheers, T.


  6. #6
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    Thumbs up Re: Let Battle Commence

    Well, here we are a couple of months down the line and I thought I'd let you know how I got on.

    I didn't send a revised SOC but awaited developments. Barclaycard, as expected, offered the difference between the £20's they had charged and their current £12 + 8%.

    I told them that if they would refund ALL the charges +8% I'd accept.

    They agreed and I accepted. The only thing I couldn't talk them into was to refund by cheque. They only credited the account.

    Thanks again for the advise Slick. It was spot on.

    I have just sent them MY preliminary request. The stakes are a bit higher this time.

    I'll keep you posted.

    T.


  7. #7
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    Default Re: Let Battle Commence

    Hi Skintboy,

    Delighted you got an acceptable result with BC on your wife's claim.

    Please make any donationicon if you can. I'll change the thread's title to reflect your win.

    Please start a new threadicon for YOUR claim.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.


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