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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    Default Justice for the Small Fish

    Hi,

    Yet again, just been given all these details from a friend, and after reading the threads, have just posted the request for old account history,

    Wish me luck chaps,

    tad

    Similar Threads:

  2. #2
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    Default Re: Justice for the Small Fish

    Nothing to do with luck, all to do with justice. ;-)

    Just settle down for the long haul, Barclaysicon like to hold on to our cash for as long as they can. That's ok, plenty of reading material in here

    Apologies to people who I was in the process of helping, I may be gone some time.

  3. #3
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    Smile into the Abyss

    Ok chaps,

    just worked out my Fees £2755, Wow. Wish me luck. I have just included Unauth O/D fees. Paid referrals, and Unpaid Outs, is there anything else i should be claiming for?

    Gotta be honest this is quite unnerving, you legal eagles out there must have nerves of steel,

    Wish me luck


  4. #4
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    Default Re: into the Abyss

    Do not forget to add the interest on.You have to start at the first penalty,work out how many months it was from then till now,and then x0.79 interest (that is what mine was)it should say on the statement your rate of interest.
    Mine was like this;
    04/12/00 charge for item returned unpaid £25 interest at £0.79% x 70 = £13.82
    21/12/00 £20 unauthorised overdrafticon " " x 69= £9.66
    etc,
    etc
    then add up all those juicy interest charges ......................... ......................... .here TOTAL
    It takes ages
    some people just add 8% but i charged them what they charged me!!!

    If this helps,click the scales,and good luck

    http://www.consumeractiongroup.co.uk...tml#post436526
    click my scales if you think i am helpful ! yes LHS down there !!
    Once more into the breach dear friends,once more
    or close the wall up with our banks dead ,
    The games afoot,follow your spirit and upon this charge
    Cry 'God for Harry' England and St George
    Henry V battle of Agincourt 1415

  5. #5
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    Default Re: into the Abyss

    Got you, following the step by step guide though , I haven't put the interesticon on yet, or is the norm to put it on now?

    s


  6. #6
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    Default Re: into the Abyss

    Yes,put it on now.The other interesticon of 8% is the interest from issue of summons
    to payment,as i see it.
    goto http://www.consumeractiongroup.co.uk...se-read-these/




    http://www.consumeractiongroup.co.uk...tml#post436526
    click my scales if you think i am helpful ! yes LHS down there !!
    Once more into the breach dear friends,once more
    or close the wall up with our banks dead ,
    The games afoot,follow your spirit and upon this charge
    Cry 'God for Harry' England and St George
    Henry V battle of Agincourt 1415

  7. #7
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    Default Re: into the Abyss

    Sorry.

    You can't claim interest - at any rate - on money they took from you till you get to the stage of making out your court claim.

    You CAN claim back overdrafticon interest that THEY have charged YOU but only to the extent to which that interest was caused by overdrafts which were in turn caused by previous unlawful charges.

    This post might help.

    And, if you're feeling brave, check here for a discussion about interest rates.

    Victimnomore
    By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..
    Barclays Case1
    14/03/07 **WON** FULL settlement £3358.39
    Barclays Case2
    08/09/08 Prelim: please give me my £187.91 back.
    Halifax Case1
    14/03/07 **WON** Refunded £728 (including £54 costs)
    Halifax Case2
    08/09/08 Prelim: please give me my £268.24 back.

  8. #8
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    Default Re: into the Abyss

    nerves are holding up...ish, Cheers for your help guy, much appreciated.


  9. #9
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    Default Re: into the Abyss

    Hi Tadmeister.
    You will find some members like myself found it easier to leave the interest out on the overdrafticon.
    My reasons for leaving the interest out were because i felt the interest they charged me was a true reflection of the costs the bank incurred and secondly it was just to complicated, i found it easier to claim the charges then at the moneyclaim stage i just added 8% interest.
    Far easier in my opinion.
    Hey but it's your choice if you feel confident go get every penny.

    Good Luck.
    Tip for you don't be nervous this proceedure is not complicated and were all here to help you later on.Barclaysicon will try everything to bully you into submission, just shrug it off and fight back.

    Argyle.

    Story So Far:
    Pre letter sent 14th August.
    Barclays Reply 18th August.
    Barclays Reply 5th Sept.
    Lba sent 30th August.
    Rejection letter sent 9th Sept.
    Barclays reply 13th Sept.
    Mcol submitted 15/09/2006.
    AQ received 21/10/2006.
    AQ returned 23 /10/2006.
    Court Date:25/01/07 10.30am
    Phoned Barclays 08/01/07 Said they would contact me shortly.
    15/01/07 Received letter offering a full settlement however figure was short.
    22/01/07 Received telephone call from Barclays asking for a settlement figure.
    CLAIM SETTLED IN FULL!!!!!!!!!

  10. #10
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    Default Re: into the Abyss

    Sorry chaps i do not agree with you.You will be doing your self out of a load.
    You add the contractual interesticon (say 0.795) per month on every item (penalty etc) from the time it starts to your pre lim letter (or lbaicon if you did not do it),and each day it starts remember there is an increasing balance,. which is why compound interest then kicks in on top of that.It is based on an implied term on the bank contract based on "mutuality and reciprocity"ie what is good for the goose is good for the gander.
    Bankfodder has already addressed this issue in depth.See interest section.

    Revenge is a kind of wild justice,which the more man,s nature runs to,the more ought Law to weed oit out.

    http://www.consumeractiongroup.co.uk...tml#post436526
    click my scales if you think i am helpful ! yes LHS down there !!
    Once more into the breach dear friends,once more
    or close the wall up with our banks dead ,
    The games afoot,follow your spirit and upon this charge
    Cry 'God for Harry' England and St George
    Henry V battle of Agincourt 1415

  11. #11
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    Default Re: into the Abyss

    click http://www.consumeractiongroup.co.uk...terest+charges

    see if this helps you

    and if it does click my scales!!

    http://www.consumeractiongroup.co.uk...tml#post436526
    click my scales if you think i am helpful ! yes LHS down there !!
    Once more into the breach dear friends,once more
    or close the wall up with our banks dead ,
    The games afoot,follow your spirit and upon this charge
    Cry 'God for Harry' England and St George
    Henry V battle of Agincourt 1415

  12. #12
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    Default Re: into the Abyss

    I've gone for the simple approach, as I am eager to get it done and don't want them to kick it back on the grounds of mathematical error.

    s


  13. #13
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    Default Re: into the Abyss

    hello chaps,

    Once again thanks for the advice, I have just had a letter saying blah, blah, sorry your not happy etc and they will investigate within 8 weeks. Is this normal and should i comply, or stick with the 14 day rule. Would i appear unreasonable

    stu


  14. #14
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    Default Re: into the Abyss

    Stick to your timetable. You hold the Aces, don't let them dictate to you.


  15. #15
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    Default interest

    Can anyone help as i'm slightly confused at reading a previous thread. I am issuing my lbaicon, do i quote the 8% as the interesticon rate i am going to claim against them as the payment in the LBA or do i just quote the original claim, interest free and then add this 8% when actually filling in the paperwork for the small claims court. Or do i have to work out all the actual interest ( tried it and got it all wrong) and quote that. I was sticking with the 8% for ease of use and quoting that in my LBA but am now unsure,

    cheers as always

    s


  16. #16
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    Default Re: interest

    No interesticon on the lbaicon, only on the moneyclaim

    HSBC
    7th October 2006 - Prelim for £3078
    24th October - LBA
    7th November - Claim filed
    11th November - Acknowledged with intent to defend
    11th December - Defence filed
    16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

    Halifax
    7th October 2006 - Prelim for £3427
    24th October - LBA
    3rd November - Offered £913
    3rd November - Accepted as partial payment
    7th November - Claim issued
    21st November - Acknowledged with intent to defend
    11th December - Offered full amount but no late payment removal
    4th January - SETTLED + removed adverse credit info

    A & L
    19th October - Prelim for £540
    26th October - Offered £358
    2nd November - Accepted as partial payment and LBA
    27th November - SETTLED + removed adverse credit info

  17. #17
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    Default Re: interest

    on the template it quoted plus x amount interesticon, this was just if you can want to put in the interest the bank have charged ,

    is this right?

    s


  18. #18
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    Default Re: interest

    Yes, tadmeister, you are right.

    IF you can identify interesticon from your statements that Barclays have charged SOLELY because of unlawful charges, then that (and only that) interest is reclaimable too. That, as you've seen , is the interest mentioned in the prelim and lbaicon.

    Victimnomore
    By day, quiet unassuming bank customer - but, by night, .. .. .. .. ..
    Barclays Case1
    14/03/07 **WON** FULL settlement £3358.39
    Barclays Case2
    08/09/08 Prelim: please give me my £187.91 back.
    Halifax Case1
    14/03/07 **WON** Refunded £728 (including £54 costs)
    Halifax Case2
    08/09/08 Prelim: please give me my £268.24 back.

  19. #19
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    Default online Claims

    Hi,

    first of all, all you guys helping here, i reckon 10% donationicon to keep this site and stuff going is an absolute pleasure to donateicon. You are providing a service to people like me who are very nervous around anything legal and court orientated....cheers... to business , lol.

    I have just submitted my online claim. Do i now have to send the bank a copy of the bank charges with a Breakdownicon of the 8% also for interesticon or do i wait for further action and dates from the court. Do i have to let them know that a claim has been put against them?

    cheers

    S


  20. #20
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    Default Re: online Claims

    Hi Tadmeister.


    I have just submitted my online claim. Do i now have to send the bank a copy of the bank charges with a Breakdownicon of the 8% also for interesticon or do i wait for further action and dates from the court.
    Yes submit an updated schedule of charges with the 8% to Barclaysicon and a copy to MCOL with a letter asking them to attach the charges to your case. Makesure you include your claim number in the letter.

    Do i have to let them know that a claim has been put against them
    No. Mcol will tell them soon enough lol.

    Story So Far:
    Pre letter sent 14th August.
    Barclays Reply 18th August.
    Barclays Reply 5th Sept.
    Lba sent 30th August.
    Rejection letter sent 9th Sept.
    Barclays reply 13th Sept.
    Mcol submitted 15/09/2006.
    AQ received 21/10/2006.
    AQ returned 23 /10/2006.
    Court Date:25/01/07 10.30am
    Phoned Barclays 08/01/07 Said they would contact me shortly.
    15/01/07 Received letter offering a full settlement however figure was short.
    22/01/07 Received telephone call from Barclays asking for a settlement figure.
    CLAIM SETTLED IN FULL!!!!!!!!!


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