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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    Kazzy77 Novitiate Kazzy77's Avatar

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    Default interest mistake...

    Can someone please clarify for me...the interesticon calculator on this site....am i meant to add all my charges together and then add the calculation of interest as per the above mentioned calculator when I make my request for repayment of charges?

    If so I have done this completely wrong and am already to file for court on sept 12th. I thought the interest was all the silly £1 odd interest charges on my bank statements but according to the calculator on this site...I have wayyy underestimated what they owe me. I thought it was £2912 but according to this sites calcualtor its over £4100?

    so is that what i am meant to ask for in prelim and lbaicon or just in moneyclaim?

    if i can claim it in prelim and lba, what do i do as i have already claimed for it incorrectly? or have i? lol....im soooo confused!

    xxx

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  2. #2
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    dinahjl Novitiate

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    Default Re: interest mistake...

    Hi Kazzy,

    I hope I have understood what you have done - try again if I have missed the point!
    The amount you can claim at the point when you issue Court papers can be considerably higher than the amount in your lbaicon etc. THe interest that is added by the spreadsheet, is the 8% daily rate of interest that the Court can apply to the debt. Until you apply to Court, you cannot claim that interest.

    Your original claim should be for the charges applied (direct debiticon returned, over limit on overdrafticon etc,.) and, if you used the more complicated version of the spreadsheet, you can also claim the little interest entries you mentioned. It is essential that you check which of the spreadsheets you have used, as this bit of interest, is where most people get confused and make mistakes.

    Hope this helps - post back if you need more clarification.

    Dinahjl :grin:
    HSBC - 2 Accounts - owe us £5.8K
    10 Aug offer received of 50% owed on smaller account. We Replied and REJECTED offer
    11 Aug 2nd offer made on same account - £500 higher! REJECTED AGAIN
    18 AugMoneyclaim submitted for £3848 on main account. ACKNOWLEDGED 23 Aug.
    30 Aug Moneclaim prepared for 2nd acc £2389.56
    9 Sept RECEIVED OFFER IN FULL SETTLEMENT OF £6134.30

    If you have found my advice or comments helpful - please rate them by using the scales above. THANK YOU

  3. #3
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    Kazzy77 Novitiate Kazzy77's Avatar

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    Default Re: interest mistake...

    Thank you dinahjl.

    I got confused about the little bits of interesticon as when Colin Langdale sent me my Full and finalicon offer, he said that I was claiming back a lesser amount than I had actually put down in schedules etc. I thought maybe he was knocking off those little £1 odd interest charges along the way as well as cutting off the 2 extra claims that go back 2 months over the 6 year mark.

    So, just to clarify (pretty please!)....

    I can put down those charges that appear on my statements as:

    13 Aug DR INTEREST 1.10
    13 Aug DR TOTAL CHARGES 50.00

    They are always directly above the "Total charges"

    If I can claim these, I should enter them into the spreadsheet too?

    Im not sure if it the "advanced" spreadsheet I am using. I have used the one that calculates the amount of days the amount has been taken and then calculates the 8% from then.

    Is that the right one? I sat up all night filling it in and found this bums my claim up a fair chunk. Would you possibly be able to put a link to the one you say I need to make sure I used the correct one please?

    Im glad I can make the changes as I go along as i have written my letter of "thank but no thanks" in reply to the crappy settlement offer (£900 less than requested!!)

    Lastnight I went through everything again, reprinted all my statements and clawed through everything until i passed out lol. I want to make sure I am ready for court.....that lame offer which they make sound like a huge favour REALLY hacked me off so Im just itching to fight this out to the bitter end!

    Thanks in advance

    xxx


  4. #4
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    bristolbloke25 Novitiate

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    Default Re: interest mistake...

    Hang on, this has excited me a tad are you saying I can also claim back these bits too?

    13 Aug DR interesticon 1.10
    13 Aug DR TOTAL CHARGES 50.00

    I have only filled in my spreadsheet so far (yesterday) but all I have added up is the Total Charges, can I claim the intrest on the same days too ?


  5. #5
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    Default Re: interest mistake...

    its starting to seems so! and then at the end of the day u get to put 8% more on top?

    they shouldnt get away with a single penny of stolen money. I hope I am undertanding Dinahjl correctly

    Dont just ask for total charges either....u can claim for the extra charges you find such as reversed DDs, reversed standing orders and those charming £30 charges they throw in along with the £72 Total charges within DAYS of eachother.



  6. #6
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    dinahjl Novitiate

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    Default Re: interest mistake...

    Ok people - this is getting misunderstood by most of us until we see the explanation in the complex sheet., I cannot locate the link so I have copied the first sheet from exel and hope this helps to clarify - you cannot enter the interest charges in the same list as the Total Charges (or any others like d/d return fee or excess overdrafticon).
    Have a look at the details below and let me know if this helps.
    It will be ok - we had to redoo 6 year's worth on 2 accounts before we got it right. Many people do not bother with the interest charges because it is SO complicated.
    good luck,


    CALCULATION OF PENALTY CHARGES AND INTEREST CHARGES UNLAWFULLY DEDUCTEDEnter your full name in capitals in the box below:Enter your bank's full name in capitals in the box below:Enter your sort code below:Enter your account number(s) below:Enter the start date in words of the period covered in the claim in the box below:Enter the end date in words of the period covered in the claim in the box below:The penalty charges listed should only be charges that have not been specifically agreed with the bank.Interest is charged by the bank on any overdrawn balance. It is argued that had the penalties not been charged then the balance would be less overdrawn or even not at all, giving rise to a lower interest charge or none at all.(It could also be argued that if you had had the extra money you'd have spent it and therefore been overdrawn on another occasion anyway, but then, you never had that opportunity.)The interest on penalties calculation aims to demonstrate an estimate of the interest that would not have been charged had the penalties not been applied. If the bank disagrees with the calculation it is up to them to provide a more accurate figure.The following should be considered when using this estimated calculation:The calculations do not compound the interest, i.e. interest on previous unlawfully charged interest has not been included.Charges are deemed to have been applied to the whole of the month in which they have been charged.The date of the interest charged is arbitrary as the interest is a more complex calculation processed by the bank using a daily basis.The larger the balance of interest on penalties to be claimed, the greater the weight to the argument stated in bold above. The argument is stronger than the calculation!How to use this spreadsheet….Please enter all data as carefully as possible as any errors made will affect the calculation.Use a separate spreadsheet for each bank account if you are claiming on more than one account.The turquoise boxes on the left hand side are for penalties you have been charged in the last six years. Enter the date appearing on the statement along with any detail given, and the amount in columns B, C and D accordingly. Do not enter any interest youThe turquoise boxes on the right hand side are for any interest you have been charged in the last six years. You need to enter a date, amount and account balance in columns G, H and I accordingly. The best date to use for the interest, is the last date ofIf you have an interest-free overdraft facility, and you are only charged interest on any overdraft over and above this amount, enter the amount of that facility in column J as at the date in column G. Enter this figure as a positive number.If any penalty charges or interest have been refunded enter both the charge and the refund with the relevant dates.All entries MUST be made in date order starting with the oldest date at the top.An estimate of previous penalty charges can be entered in the brown box if charges have been applied before the six year period. This entry is inferred by the argument in bold above.Delete all unnecessary cells and rows as all calculations run to row 777 and will print if not deleted. Preview the pages first if you are unsure.CALCULATION OF 8% INTERESTThis interest is calculated and claimed only when a court claim is raised.The date will always read today's date unless you change it. If you need to re-enter the formula for today's date, copy and paste it from the cell below this one.31/08/2006The 8% is taken from section 69 of the County Courts Act 1984."

    I must apologise to the original creator of this amazing spreadsheet for not naming her hear - it's brilliant!

    Dinahjl :grin:
    HSBC - 2 Accounts - owe us £5.8K
    10 Aug offer received of 50% owed on smaller account. We Replied and REJECTED offer
    11 Aug 2nd offer made on same account - £500 higher! REJECTED AGAIN
    18 AugMoneyclaim submitted for £3848 on main account. ACKNOWLEDGED 23 Aug.
    30 Aug Moneclaim prepared for 2nd acc £2389.56
    9 Sept RECEIVED OFFER IN FULL SETTLEMENT OF £6134.30

    If you have found my advice or comments helpful - please rate them by using the scales above. THANK YOU

  7. #7
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    Default Re: interest mistake...

    HI

    I FOUND THE TEMPLATE IN THE LIBRARY THIS AFTERNOON. THERE ARE A FEW OPTIONS FOR DOWNLOADING IN THE LINK...

    http://www.consumeractiongroup.co.uk...eadsheets.html




  8. #8
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    bristolbloke25 Novitiate

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    Default Re: interest mistake...

    Hiya

    Im not sure what to stick into that sheet just my TOTAL CHARGES AND DATES or TOTAL CHARGES and INTRESET on those dates the thing is those amounts only make up a small % of the amount I was O/D at the time, I think I'm right in saying if it goes far enough we can claim back 8% on the Charges back to the relevant date, is that how you understand it ?



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE