Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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)


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  1. #181
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Am I likely to get charged anything other than what I pay to issue a claim? Is there anything I need to amend or remove on spreadsheet


  2. #182
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Update the spreadsheet to reflect the interest on the charges to date.

    The fee for the issuing of an N1 depends on the amount being claimed and any fee paid is added to the claim.

    If you are on a low income you may be entitled to fee remission. See form EX160 and EX160a for more info on remission.

    There will be further fees to pay at different stages of the claim which you will get back if your claim is successful.


  3. #183
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Done the date. It was around 400 mark last time I checked not on low income so will have to stump up the cash. What other type of fees are you talking about so I don't go wading in and can't afford to take it any further.


  4. #184
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?


  5. #185
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Thank you. It's going to be either 410 or 455 depending how I do it.


  6. #186
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Where can I find a copy of the claim formicon so I can submit the answers here for clarification before I fill in online


  7. #187
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

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  8. #188
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Have a read of my GE thread cruz, its all there, answers to the majority of the questions you will ask.

    http://www.consumeractiongroup.co.uk...ttled***/page4


  9. #189
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Thanks guys.


  10. #190
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Ive made a start am I ok?. Not really sure about the last part but will uploadicon spreadsheet


    Particulars of Claim
    1. The Claimant entered into an interest mortgageicon agreement on or around 17/02/2006 with the defendant in the sum of 68,235.00. The interest rate at this date was 7.09%

    2. The mortgageicon is subject to the Unfair terms in Consumer Contracts Regulations 1999 (UTCCRicon).

    3. The defendant is statutorily bound by Financial Services Authority regulations mortgage: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets

    4. The mortgage first fell into arrears on 03/05/2006 after the claimant fell into difficulty and missed that months payment. But caught up the following month. During the term of this mortgage there were numerous late payments but also cheques paid in to cover arrears. However by the 01/11/10 the mortgage balance still stood at 69,430.84. Higher than it started even though extra payment were made.

    5. The defendant levied various fees throughout the term of the mortgage as detailed in the Schedule of charges against the claimant.

    6. The defendant levied further interest upon the said charges.

    7. The charges were levied at a rate which exceeded the administrative costs and are not a genuine pre estimate of loss and therefore a penalty, deeming them unlawful.

    8. The level of the charges were unfair because they breach the requirement of fairness contained in UTCCR.

    9. The level of the charges is also unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB.
    10. For these reasons the interest charged on the charges is also unlawful.

    I therefore claim the following

    a) Charges and additional interest levied 3397.88
    b) Interest pursuant to s69 county courts act at 8% from 03/05/2006 to date
    c) Total amount claimed to date
    ci) Interest continues to accrue at a daily rate of 0.00022% or per day until judgment or earlier

    Attached Files

  11. #191
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Did they actually charge interest on the fees cruz?

    They didnt with mine but then mine was GE not SPML.

    I agree with the 8% as it saves trying to argue restitutional interest even though it wont be compounded.

    The rest of the POCicon looks ok to me bar the odd typoicon but please wait for Andyorch to approve and amend if necessary.


  12. #192
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    It says interest on arrears on the statements PDFicon are on earlier posts . There's no rush as I've still got to see what this crappy goodwill gesture will be before I submit. What's the difference between the two types?? I'm not too sure what I put for s69 interest either. The total comes to 67ish in spreadsheet wasn't sure how it gets added to the claim formicon


  13. #193
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Compound interest in restitutionicon will increase the end total but not overly significantly which is why i would suggest sticking to standard 8% for the spreadsheet. its also not the easiest to argue in court unless you are clear in your knowledge of Sempra metals v HMRC
    You have the s69 done, thats the 0.00022% or x.xx per day until judgement or earlier payment.

    Statutory interest, as per your spreadsheet, is auto calculated at 8% in your case, upto the date you issue the N1. From that date it becomes s69 interest at 8% until judgement or earlier payment. Makes it much easier to calculate.

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  14. #194
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Why couldn't the fosicon side with me not them. It would have made life so much easier!


  15. #195
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    fosicon never ever do side with a consumer on penalty charges claims.


    .they are funded buy whom...?????......

    PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS
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  16. #196
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    I went to the fosicon with charges from 2006 to present but they ruled out on the 6 year and 3 year rules. Most of my extortionate charges were between 2006 or 2010 this is what I tried to claim back.

    They said it's because I should have known I had reason to complain as they had telephone transcripts between this date with me questioning the arrears. I was asking how I was still in arrears when I had paid what I owed (5 calls in in total.)

    I believe had they not had these I would have had more luck with the FOS. they ruled I was over the 6 and 3 years.

    How do I fair with the court on limitations as we are going back 11 to 7 years ago.


  17. #197
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Personally i think you would fair much better than with fosicon in the county courticon.
    FOS dont seem to understand that the limitation on mortgagesicon, as a special contract is 12 yrs not 6.

    FYI i had exactly the same response in a recent FOS case with the 3 yr rule.

    As they are funded by the banks and financial institutions its not really surprising is it?


  18. #198
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    No it's not. Thanks for clarifying that.


  19. #199
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    Default

    fosicon reply BL can confirm the offer still stands.
    The offer is to refund 600 of charges plus the associated interest.
    It is entirely up to you if you accept.

    As we have made our final decision on this complaint being out of time I cannot mediate any further offers.

    Do i take this and pursue the 2006 to 2010 through courts.
    Or take the lot 2006 to date to the courts?

    They will only reverse this on the account not give to me anyway.

    I'm going to have a look through the statements tonight to see what they actually did charge me in this period.


  20. #200
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    I've been through the statements since Nov 2010 until now there are only 2 15 failed direct debiticon fees and a few redress refunds on there. So my thinking is to accept this goodwill gesture to be reversed on the account. Then county courticon claim the ones from Feb 2006 until oct 2010. What do you think Martin



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