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I now have three seperate accounts that I am at the stage where i am willing to take them to court. Could someone please give me some assistance on how to procced with this?
1st account is Additions direct. The do not have a signed CCA for me and will not be enforcing the debt. The balance on the account is over £400.00. There is almost £300.00 of charges and insurance. I offered to pay them £100.00 in f & f of the account which they refused. I am now wanting to take this to court to get the charges and insurance payments back.
The other 2 are for Capital One. The charges on the account were £12.00 each. Has anyone been successful in getting £12.00 charges back through the courts? Also, one on the accounts is my Husbands. Can I act on his behalf if this goes to court?
I have my statements now and have got all the charges together. The link for the spreadsheet on the above link does not seem to work. Can you please advise how I can work out the interest they are due plus the stautory interest?
Also, could you please advise if I can take this to court on behalf of my husband?
Thanks for the link. So if they were charging 34% interest on the account can I put the 1st interest bit on the link at 34% with the other being 8% or can I only claim the 8% on top of the charges?
You cannot take the company to court on behalf of your hsuband - he has to sign the forms, etc. However, if it came to court (which it almost certainly won't) you could speek on his behalf but he wuld have to be there.
On the interest - yes claim the interest back at 34% (or better, use the advanced spreadsheet as I show in the interest tutorial to split the actual interest charged between legitimate interest and interest on charges). THen add 8% on top.
Steven
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On the link when I go to the 2nd interest part where I have to put in the date the formula is currently sum= now() Where do I enter the date to make the formula work?
Can anyone advise On the link when I go to the 2nd interest part where I have to put in the date the formula is currently sum= now() Where do I enter the date to make the formula work?
When I write that date of the court hearing in on the spreadsheet the row that shows the 8% interest is coming up with a negative figure Is this correct?
Also, I have been sent a copy of Additions direct credit agreement as they can' find mine and it states that "this agreement is governed by the laws of England and Wales, which we also take as applying prior to the making of this agreement". How does this affect me that I am in Scotland? Can I not put the claim in to my local Sheriff Court?? I am confused.
Hi Thanks for the reply. They do not have a signed CCA for me. My question is whether I can put the claim into my local Sherriff Court in Scotland if the company I am taking to court is based is England?
Sorry, I've been trying to get help for you regarding the interest, did you have a look at Stevens 'Interest Tutorial' link ?
It makes no odds if they are in England and as you are claiming charges, the CCA makes no odds either.
When I claimed charges from Cap 1, on my claim form I put, Edinburgh Sheriff Court has jurisdiction as the monies are to be paid to the persuer in Edinburgh.
Or something like that I'll find the exact wording.
Stevens been away for a bit, hopefully when he return's he'll help you.
Regarding the Additions account, you say they will not be enforcing the debt, the balance on the account is £400 which £300 is charges, not sure if a court would let you re-claim the charges as this may be looked on as self-enrichment.
Regards.
Scott.
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Still stuck on the 8% interest bit of the spread sheet. Is the date of service the date that I receive from the court or is it the date that I received the 1st charge that I put inthe box? If I put anything after today's date it comes up with a negative figure.
On my Schedule of Claim for Charges........
Days since
In Respect of: Amount Date Incurred Offence interest
I put in 'Charges as Notified', the amount, the date of the charge, then the spreadsheet automatically works out the days since offence and the Interest due.
Regards.
Scott.
Any advice I give is honest and in good faith.
If in doubt, you should seek the opinion of a Qualified Professional.
If you can, please donate to this site.
Help keep it up and active, helping people like you.
If you no longer require help, please do what you can to help others
Taking a company to court in Scotland
. The charges on the account were £12.00 each. Has anyone been successful in getting £12.00 charges back through the courts? Also, one on the accounts is my Husbands. Can I act on his behalf if this goes to court?
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I'll find the exact wording.