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.

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Last Will and Testament Kit


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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.

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Thread: ff49 v MBNA

  1. #1
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    Thumbs up ff49 v MBNA

    Hi folks, finally getting round to separate each claim to the proper individual threads as suggested by Thomper.
    Having read quite a bit through the site, I reckoned I was confident enough to take these rip-off financial institutes on and to reclaim my money back.

    S.A.R. posted 06/11/06, acknowledged same and replied back with an FOCicon set of statements, quite surprised as they also returned my £10 cheque stating that copies sent should be enough for me to work out my charges, but if I wanted a full set as per S.A.R - (Subject access requesticon), then I would have to re-apply and also include the £10 fee.
    I'm happy enough as I got the info I needed from what they sent me and I saved £10 also. Info from statements shows that I have been charged £1264.00 exc 8% interesticon.
    I have already sent a letter of prelimary approach for payment on 06/12/06 for which I have just realised I have had no reply.
    Do I just go ahead with my lbaicon dating back to 21/12/06 or give them an extra couple of days due to Christmas post period?

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  2. #2
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    Default Re: ff49 v MBNA

    Be as curtious to them as they have to you when they took your money, good luck with your claim.


  3. #3
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    Default Re: ff49 v MBNA

    Thanks George, you're absolutely right. I have given them enough time to come back to me, no point in waiting any longer. Thank-you


  4. #4
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    Default Re: ff49 v MBNA

    go get em, good luck and keep us posted.


  5. #5
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    Default Re: ff49 v MBNA

    Well folks, got no reply from MBNAicon in reference to prelim approach for payment, so lbaicon being posted today by Royal Mail Special Delivery.
    So, I guess we'll just have to wait and see.


  6. #6
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    Default Re: ff49 v MBNA

    Good they will soon know you are serious enough.


  7. #7
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    Default Re: ff49 v MBNA

    I take it that after 14 days, i automatically forward an MCOL claim, it is at this point that i add my 8% interesticon also? when and how do i add contractural interest and how do i work out the rate and also for how long?


  8. #8
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    Default Re: ff49 v MBNA

    Hi if you are claiming judicial interesticon at 8% you are right in thinking it dosent get added till court stages however if you are to claim contractual interest you need to mention this in at least your lbaicon and you need to decide at what rate, your rate will depend on what bank and what rate they charged you. If you want to i woul suggest you send another LBA saying amount plus contractual interest at such a rate from date of service of each charge, can make a big difference but you will need to do some reading on it so to understand it a bit more.


  9. #9
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    Default Re: ff49 v MBNA

    thanks george for your help, is there a link to a database/spreadsheet to work out some way of calculating the contractural rate of interesticon anywhere that you may know of?


  10. #10
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    Default Re: ff49 v MBNA

    best way i feel although it is a bit time consuming but worthwhile is using online calculator writing each one down then typing it up, thats what i done. Hear it is, any questions just ask.
    Compound interest calculator


  11. #11
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    Default Re: ff49 v MBNA

    Hi all, can anyone tell me at what stage i can add contractural interesticon and at what percentage?
    Also, just to recap, MBNAicon had offered an earlier settlement figure of £460 in Full and finalicon conclusion. Yep, you guessed it, I declined the offer and wrote back agreeing to accept the offer as part payment only and will pursue for the remainder and by court proceedings if I have to. (offered this in early Dec.06).
    Today, I have received an offer of £644 extra saying that they agreed with my amount charged but subtracted a total of £160 as they said I had thes refunded at some stage prior. When can I add contractural interest, how much, and if so, how do I work it out?
    Any help is greatly appreciated. Thank you.


  12. #12
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    Default Re: ff49 v MBNA

    Hi ff49 you need to mention it in your prelim and lbaicon or at least your LBA, can use spreadsheet or calculator.
    Compound interest calculator


  13. #13
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    Default Re: ff49 v MBNA

    hi all,

    I sent my lbaicon on 04/01/07 asking for the charges back, however, i didn't put in for contractural interesticon. My question is this, can i resend the LBA again stating this extra information and do i send dated as the first LBA or as per new date i send it out?

    cheers,
    ff49


  14. #14
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    Default Re: ff49 v MBNA

    Yes send a new one and yes start counting down another 14 days.


  15. #15
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    Default Re: ff49 v MBNA

    Thanks George,

    i thought you might have said that, so i did. thanks for your help in this, it is very well appreciated both by me and my wife.

    how are you getting on in your claims?

    ff49


  16. #16
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    Default Re: ff49 v MBNA

    No problem, ask away thats what makes this site so good, file at court tomm for summary cause (2nd claim) looks like need to waste the courts time for them to pay up, rather annoying to say the least.


  17. #17
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    Default Re: ff49 v MBNA

    Quote Originally Posted by ff49 View Post
    Thanks George,

    i thought you might have said that, so i did. thanks for your help in this, it is very well appreciated both by me and my wife.

    how are you getting on in your claims?

    ff49
    Just wanted to wish you lots of luck with your claim!



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