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


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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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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  1. #1
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    Default Another "Screwing" Technique

    Just to beware of...
    When I used to work for a well known Bank, another way of screwing that little bit extra out of you was if you had a loan account,(perhaps a loan to consolidate borrowing or for a holidayicon). We used to be told that if the account holder wanted to close the loan early then the calculation was pretty straight forward....Capital plus interst from last interesticon Debit date calculated on a daily basis. Many a time I saw the bank adding stupid amounts onto the interest accrued but unapplied. I said things on many an occassion and was basically told to "shut my face" and this was for "hassle" value. I know that the bulk of this forum is charges related, but for those users who come across lump sums and repay loans early.....beware and do a fag packet calculation yourself. Obviously different Banks have different ways of doing things but in essence the calc is the same.....it could save you ££££

    This also applied to other non-standard requests where we were told to charge what we thought.


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  2. #2
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    Default Re: Another "Screwing" Technique

    It's otherwise known as the "rule of 78" which has since become illegal and will no longer be allowed on existing loans from 2007.

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  3. #3
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    Cool Re: Another "Screwing" Technique

    Scrooge - is it Rule of 78 that you're talking about?

    Rule of 78 is a common (but not widely publicised) method of calculating the final interesticon when a loan is repaid early - so that you end up paying more interest than you expect. It is certainly immoral, but I didn't know it was illegal. My understanding was that there wasn't anything you could do about it because it was mentioned (or hidden!) somewhere in the small print.

    But reading your post I get the impression that bank staff were adding on amounts which they weren't entitled to do under any rule. Is that right? If so, surely that would be not only illegal, but fraudulent!

    Incidentally, last year I wanted a loan which I was fairly sure I would be repaying early, so I looked for lenders who didn't operate Rule of 78, or any other early redemption penalty. Intelligent Finance fitted the bill, and their APR was one of the lowest too. To be safe, I sent them a letter with the the agreement saying I was accepting the loan on the understanding there wouldn't be a penalty if I repaid early, and that they wouldn't use Rule of 78. I have since repaid early, with no problem.


  4. #4
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    Default Re: Another "Screwing" Technique

    Quite frankly over my period of years with the bank, I'll be honest in saying that I have never heard of this "Rule 78". What I am saying is that I came across many people who for one reason or another were increasing their own profitability viz a vis Bonus etc. It was common place to be told that in order that you were to receive your bonus next year, you had to acheive X pounds over the next 12 months by way of charges etc.
    I am not whistle-blowing, but just gently warning people that did occur from time to time.
    Most loans that I have been lucky enough to repay early - I've done a fag packet calc before calling /or sending the funds over to close the account.

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  5. #5
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    Default Re: Another "Screwing" Technique

    i have "carefully"looked through all the fine print and no where does it state that "rule 78" will be applied if payed off early, however when i asked for a early settlement guess what........ "rule 78" was applied!!

    now the question is...is this legal if it isnt in the terms and conditionsicon of the loan? or does the cca 1974 automatically apply this "rule 78" when you ask for an early settlement figure?....

    any comments would be appreciated on this subject..."rule78"


  6. #6
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    Default Re: Another "Screwing" Technique

    Ahh ha......the plot thicken

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  7. #7
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    Default Re: Another "Screwing" Technique

    silly question time.....what is rule 78?


  8. #8
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    Default Re: Another "Screwing" Technique


  9. #9
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    Re: Another "Screwing" Technique

    hello,
    i have paid many loans back early with the good old shabbey, if i have been charged for rule 78 can i write to my bank and demand the money back?

    "Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.''

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  10. #10
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    Default Re: Another "Screwing" Technique

    Quote Originally Posted by joneshousehold
    thank you, new to me, the way we are told about early repayment, is it is the outstanding capital, plus 2 montyhs interesticon


  11. #11
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    Default Re: Another "Screwing" Technique

    If you only have to pay 2 months interesticon on early redemption then you are not subject to rule 78 in the consumer credit act. You would know if you were subject to this rule if for example you had a 5 year loan and had paid 2 years into it then asked for a final settlement figure, you then would discover that you had paid virtually nothing off it!!!


  12. #12
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    Default Re: Another "Screwing" Technique

    I have a £4600 hp loan over 4 years on my car, I have paid just over 2 years and requested an early settlement figure - just over £3500! The total amount owed is only £3900! I take it this is rule 78 in action!

    Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage
    Sisters NatWest - Claiming £1056 - SETTLED at AQ stage
    Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage
    GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08
    MBNA: Claiming £150 - SETTLED IN FULL at LBA stage
    HSBC: £1014 - SETTLED at LBA stage + pending charges removed
    Sisters HSBC - £300 - SETTLED IN FULL at prelim stage
    Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.
    Capital One - claiming £605.54 -SETTLED IN FULL



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  13. #13
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    Default Re: Another "Screwing" Technique

    Did it state in your agreement that this would be applied?(rule 78). my loan said it would be calculated as set out in the consumer credit act 1974 and will be intitled to a rebate.(no mention of rule 78).This popped its ugly head only when i asked for an early settlement figure.

    The problem here is, my loan provider should theoretically then have given me a copy of the "consumer credit act 1974" so that i can figure out any early redemption penalty? They obviously didnt!!

    This possibly could be argued as an "unfair term in a consumer contract" by not actually making the early redemption penalties in clear language, and therefore you didnt know what you would pay back in regarding any early settlment???


  14. #14
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    Default Re: Another "Screwing" Technique

    Quote Originally Posted by tomthumb
    Did it state in your agreement that this would be applied?(rule 78). my loan said it would be calculated as set out in the consumer credit act 1974 and will be intitled to a rebate.(no mention of rule 78).This popped its ugly head only when i asked for an early settlement figure.

    The problem here is, my loan provider should theoretically then have given me a copy of the "consumer credit act 1974" so that i can figure out any early redemption penalty? They obviously didnt!!

    This possibly could be argued as an "unfair term in a consumer contract" by not actually making the early redemption penalties in clear language, and therefore you didnt know what you would pay back in regarding any early settlment???
    Nope, rule 78 wasn't mentioned. The letter said the figure was calculated 'in accordance with the consumer credit act 1974, rebate etc etc', exactly the same as yours funnily enough.

    I'm doing a voluntary termination, as the car isn't worth half the amount they want now anyway. I certainly agree though, nowhere does it mention rule 78, and you can argue that you wouldn't have taken out the loan in the first place if you knew that the company would apply this rule. Even if they did give you a copy of the consumer credit act, you still wouldn't have known they would apply rule 78 as they didn't tell you!

    Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage
    Sisters NatWest - Claiming £1056 - SETTLED at AQ stage
    Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage
    GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08
    MBNA: Claiming £150 - SETTLED IN FULL at LBA stage
    HSBC: £1014 - SETTLED at LBA stage + pending charges removed
    Sisters HSBC - £300 - SETTLED IN FULL at prelim stage
    Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.
    Capital One - claiming £605.54 -SETTLED IN FULL



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  15. #15
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    Default Re: Another "Screwing" Technique

    Quote Originally Posted by norvernrob
    Nope, rule 78 wasn't mentioned. The letter said the figure was calculated 'in accordance with the consumer credit act 1974, rebate etc etc', exactly the same as yours funnily enough.

    I'm doing a voluntary termination, as the car isn't worth half the amount they want now anyway. I certainly agree though, nowhere does it mention rule 78, and you can argue that you wouldn't have taken out the loan in the first place if you knew that the company would apply this rule. Even if they did give you a copy of the consumer credit act, you still wouldn't have known they would apply rule 78 as they didn't tell you!
    Hello!

    Could you tell me what a voluntary termination is? Did you get a loan from the car company or a bank loan???

    Thanks so much!


  16. #16
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    Default Re: Another "Screwing" Technique

    Hi, Voluntary termination is where you can give the car back without penalty after you have paid a certain amount of the total (usually half). I think if you have any insurances on the loan though you have to pay them (minus the rebate).

    The figure you need to have paid is usually on the agreement, it's right on the front of mine. It applies to HP, I don't know about car loans in any other form though.

    It will work out better for me as I can get a better model of my car for £1k less than the finance company want as an early settlement!

    Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage
    Sisters NatWest - Claiming £1056 - SETTLED at AQ stage
    Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage
    GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08
    MBNA: Claiming £150 - SETTLED IN FULL at LBA stage
    HSBC: £1014 - SETTLED at LBA stage + pending charges removed
    Sisters HSBC - £300 - SETTLED IN FULL at prelim stage
    Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.
    Capital One - claiming £605.54 -SETTLED IN FULL



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  17. #17
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    Default Re: Another "Screwing" Technique

    Quote Originally Posted by norvernrob
    Hi, Voluntary termination is where you can give the car back without penalty after you have paid a certain amount of the total (usually half). I think if you have any insurances on the loan though you have to pay them (minus the rebate).

    The figure you need to have paid is usually on the agreement, it's right on the front of mine. It applies to HP, I don't know about car loans in any other form though.

    It will work out better for me as I can get a better model of my car for £1k less than the finance company want as an early settlement!
    Thanks for that!

    I am curious because we would like to get rid of my car, we have paid two years into a five year HP agreement and we asked them (Hyundai) if they would just take it back. They said no and they don't do what I now know is Voluntary Termination. Do you think this is because we haven't paid half or is termination at their discretion??? There is nothing on the credit agreement, I have been through it with a fine toothed comb!

    What a bummer! It's a proper gas guzzler and I would love to see the back of it!! ebayicon maybe???!!!


  18. #18
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    Default Re: Another "Screwing" Technique

    I'm 99% certain that the figure you need to have paid is half. So if you could hold on for another 6 months you can terminate the agreement and return the car. The finance company has no choice as it is a right. It doesn't matter if there isn't anything about it on the contract, it applies to all car HP as far as i know.

    Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage
    Sisters NatWest - Claiming £1056 - SETTLED at AQ stage
    Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage
    GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08
    MBNA: Claiming £150 - SETTLED IN FULL at LBA stage
    HSBC: £1014 - SETTLED at LBA stage + pending charges removed
    Sisters HSBC - £300 - SETTLED IN FULL at prelim stage
    Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.
    Capital One - claiming £605.54 -SETTLED IN FULL



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  19. #19
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    Default Re: Another "Screwing" Technique

    If this rule isnt illegal until 2007 is there anyway that i can request over charges ona settlement in 2005.

    This has opened my eyes alot.

    I am just about to file court procedings against Lloydsicon to produce all my loans i have ever heald , thier statements to date or closure.

    I paid £4800 to LLoyds last year, at the time i did they knew i was ill and unemployed, and i was on reduced payments.

    Could these extra charges go against anything legal regarding my financial position? I had been covered with a number form payplan although teh ywouldnt represent me as teh amouint was to low.

    Thanks
    BL

    (Sorry spelling got keyboard problem, i dont think it can keep up with my typing )


  20. #20
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    Default Re: Another "Screwing" Technique

    Hi Breadline


    Unfortunately rule 78 isn't unlawful (which is a disgrace in itself) - it's just a way for the loan company to (legally) rip you off blind for settling early. I would very much doubt you could claim them back as penalty charges.

    Bank of Scotland: Claiming £699.47, SETTLED IN FULL at moneyclaim stage
    Sisters NatWest - Claiming £1056 - SETTLED at AQ stage
    Natwest CC - Claiming £804, SETTLED IN FULL at LBA stage
    GF Natwest - claiming £749.33, moneyclaim filed - SETTLED IN FULL 04/08
    MBNA: Claiming £150 - SETTLED IN FULL at LBA stage
    HSBC: £1014 - SETTLED at LBA stage + pending charges removed
    Sisters HSBC - £300 - SETTLED IN FULL at prelim stage
    Yorkshire bank - claiming £496.68 - SETTLED IN FULL at court date stage.
    Capital One - claiming £605.54 -SETTLED IN FULL



    DON'T FORGET TO DONATE!


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