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My first action against the banks is about ready for posting. The story so far.......
Posted Charges Request against BOS Credit Cards 05/09/06.
Recieved statements of charges 20/10/06.
Charges period 17/06/02 to 22/08/06 total charges = £462.00.
Sorry if any of the following questions are dumb but I want to make sure that I follow the right proceedures.
Should I claim this total plus the 8% interest set up on the simple spreadsheet or keep it to the charges only.
Is the Request refund doc letter the correct one to use for the first request of a refund or is there one for credit card charges as the only one I found is for the second and final letter before court action.
Look fordward to your help.
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
Sorry i haven't updated this for a while
The story so far is
Posted SAR…………………………………..5th September
Letter Received ……………………………...28th September Stating they would Investigate and respond within 4 weeks.
Received Statements…………………………18th October
Request for repayment of charges £462.00….25th October
Reply Received………………….......... ..........2nd November Standard charges are fair response letter before action Posted………………….27th November
Reply Received ………………………………......29 th November
Standard charges are fair response (Agian!!!)I am now starting to organise my self to start court claim on Monday 11th December
Does anyone have any advice on the interest I should apply.
At the start of the CC the Interest was 13.9 pa at the end it was 20.65 pa
Advice given is purely my opinion, and is not based on any legal training.
BOS Credit Card..................... ......Hearing Date 07/02/07
Full Settlement............... ...............13/02/07
BOS Bank Account ......................... total charges £8,655.92
1st offer.................... ......................... .£1620.00 01/12/06 Rejected
2nd offer.................... ......................... £3255.00 03/01/07 Rejected
Summary Action victory.................£ 1499.02 22/03/07
Full and Final offer.................... ........£7,200 19/04/07
Pict...............
I have just filled out my claim form for the sheriff court and would like some assistance from you all on the wording of two of the sections. Claim form Decree........ The Pursuer claims from the defender the sum of £462.00 with the interest on that sum at the rate of 8% from the date of the service for each charge (together with the expenses of bringing the action)
Details of Claim The Claimant, xxx xxxx has held a Credit Card with the defendant since on or before xx/xx/xx the account number being 0000 0000 0000 0000. The defendant has deducted from the account various amounts of money in penalty charges during the period 17/06/2002 to 22/08/06. These were in respect of Late Payments, Over Limit, Unpaid Direct Debits and one Returned cheque. The claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of the money. The defender has refused payment of the monies due.( Copies of the correspondence can be provided)
No admissions are made by the claimant as to the incorporation of any term into the contract between the claimant and the defendant purporting to entitle the defendant to levy these charges. If the defendant is able to establish that the contract did contain such terms, the claimant will content these charges are unenforceable at law, being penalty charges designed to penalize the claimant for a breach of contract and generate profit for the defendant rather than being liquidated damages designed to compensate the defendant for the actual loss occurring to the defendant as a result of the breach. The claimant claims from the defendant a sum equivalent to the amount unlawfully debited to the claimant’s account in the period from 17/06/2002 to 22/08/06. The sums are detailed in the attached schedule. The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. The Defender has a branch in xxxxxxxxx therefore it is under the jurisdiction of thiscourt.
Any view on the above would be greatly appreciated
Advice given is purely my opinion, and is not based on any legal training.
BOS Credit Card..................... ......Hearing Date 07/02/07
Full Settlement............... ...............13/02/07
BOS Bank Account ......................... total charges £8,655.92
1st offer.................... ......................... .£1620.00 01/12/06 Rejected
2nd offer.................... ......................... £3255.00 03/01/07 Rejected
Summary Action victory.................£ 1499.02 22/03/07
Full and Final offer.................... ........£7,200 19/04/07
Pict...............
Hi Pict, I got your PM. Thanks for asking me to to take a look. I'm not sure I'm the best guy for this, though. I'm no expert at the English POC's, but the Scottish ones really need checking by a Scottish claims guy. They look OK to me, but you really need to get the OK from someone like RobertXC, if you can.
I'm more of a spreadsheet critter masel' so I would suggest a coupla things here. I am currently claiming from HBOS for a BoS account, but I am claimingthrough their Halifax office, and using the English court system, as I'm more familiar with it. I am using the POC's which claim "in the alternative" for the lower rates of interest. This way, the claim is initially for the max. conractual rate, but has a "safety net" fallback of (a) the lower rate, and (b) the Statutory rate. I would seriously suggest you check that before submitting your claim as it is. Remember - you can't go back for the rest later !!
The POC is incorrect. As it stands at the moment, your interest will only accrue from the date of service - that is, the date your summons reaches the bank.
What you need to do is calculate the interest for each charge, and then include the new figure in your claim. So, if your claim is for £462 without interest, then it might become something like £600 with interest. This is the sum you will be claiming. The 8% from the date of service is added to the whole amount while the claim is going through the court - and in actual fact you probably won't get that part. (it won't amount to very much anyway).
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
There ya go Pict !! Thanks Robert. You might find it a good idea to read up on a few claims in the Scottish claims section. That should give you a better idea of what's what I reckon.
Cheers Robertxc Is this better;
Claim form Decree........ The Pursuer claims from the defender the sum of £533.32( £462 in charges with 8% interest per S.69 County Courts Act 1984 of 8% applied as shown in the attached spreadsheet)and the interest on that sum at the rate of 8% from the date of the service for each charge (together with the expenses of bringing the action)
Advice given is purely my opinion, and is not based on any legal training.
BOS Credit Card..................... ......Hearing Date 07/02/07
Full Settlement............... ...............13/02/07
BOS Bank Account ......................... total charges £8,655.92
1st offer.................... ......................... .£1620.00 01/12/06 Rejected
2nd offer.................... ......................... £3255.00 03/01/07 Rejected
Summary Action victory.................£ 1499.02 22/03/07
Full and Final offer.................... ........£7,200 19/04/07
Pict...............
Cheers Robertxc Is this better;
Claim form Decree........ The Pursuer claims from the defender the sum of £533.32( £462 in charges with 8% interest per S.69 County Courts Act 1984 of 8% applied as shown in the attached spreadsheet)and the interest on that sum at the rate of 8% from the date of the service for each charge (together with the expenses of bringing the action)
County Courts Act 1984??? Are you claiming in England or scotland? If Scotland, try this:
The Pursuer claims from the defender the sum of £533.32, plus interest on that sum at the rate of 8% from the date of the service, together with the expenses of bringing the action
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
Thanks bill-k for your help. The difference between Scotland and England does get a bit confusing but I'll get there in the end and hopefully get some money back.
Advice given is purely my opinion, and is not based on any legal training.
BOS Credit Card..................... ......Hearing Date 07/02/07
Full Settlement............... ...............13/02/07
BOS Bank Account ......................... total charges £8,655.92
1st offer.................... ......................... .£1620.00 01/12/06 Rejected
2nd offer.................... ......................... £3255.00 03/01/07 Rejected
Summary Action victory.................£ 1499.02 22/03/07
Full and Final offer.................... ........£7,200 19/04/07
Pict...............
Started court claim today. Filed form 1b small claims action. I found the clerks very helpful in checking the forms and answering any questions that I had regarding expenses etc..They even explained the next stages to put me at ease. I will keep you posted on any progress
Advice given is purely my opinion, and is not based on any legal training.
BOS Credit Card..................... ......Hearing Date 07/02/07
Full Settlement............... ...............13/02/07
BOS Bank Account ......................... total charges £8,655.92
1st offer.................... ......................... .£1620.00 01/12/06 Rejected
2nd offer.................... ......................... £3255.00 03/01/07 Rejected
Summary Action victory.................£ 1499.02 22/03/07
Full and Final offer.................... ........£7,200 19/04/07
Pict...............
Murph against bos Credit Cards Help Please
Credit Cards 05/09/06.
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Re: Murph against bos Credit Cards Help Please
Originally Posted by pict
