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lucid

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lucid last won the day on September 30 2006

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  1. Hi, I completed an online order recently and when I received two separate delivery tracking emails a couple of days later I realised that my order had been duplicated. I looked back and found the order confirmation was also duplicated (exact same items but different order numbers etc). I immediately contacted customer services to request that the duplicated order be cancelled and was told that it wasn't a duplicated order and that I'd ordered it twice - I hadn't. I was told that 15 minutes had passed between the orders which apparently meant it was impossible for it to have been a system error. I checked the time period between the confirmation emails and of the order times on my online account and they were a couple of minutes apart, not at all near 15 minutes, so they'd basically made up that part of it. So I got back and highlighted this and was told again it wasn't a system error. I know I didn't make the same order twice, but as they agreed I would get a full refund if I returned the item I thought there was no more point in arguing about it. Then I found that I would be responsible for returning the item and wouldn't be reimbursed. The company have it in their T&Cs that they don't pay for returns postage - although surely they must do if the item is faulty - but how is it fair that I've been lumbered with an extra order that I didn't authorise and now have to pay to return it? They are adamant that the error isn't theirs but I know I did not checkout twice, and after their initial lie about the 15 minutes why should I believe them that it definitely wasn't their error. So does anyone know what my options are for trying to get the returns postage paid? Could I threaten to use debit card chargeback, given the duplicated charge, and just tell them to arrange a courier to collect the item? They were quite rude in their implications in the first couple of emails I got so I really don't want to give in and just pay for the returns postage anyway. Thanks for any help, Lucid
  2. Hi loosetooth, I'm not sure I'm the best person to be asking for help but I'll try. Firstly have you followed Photoman's advice yet and contacted the court? I'm not sure I'm 100% clear on your problem but are you concerned that the court are reviewing your claim because they've noticed you're claiming contractual interest? I've not heard of this before so don't really know what advice to give, but I certainly don't think dropping the claim is a possibility. You say that the only thing worse than losing the case would be to be awarded the total plus statutory (8%) interest, but you have to keep this in your mind as a possibility and at least it would pay off your overdraft. Why would it be worse than losing the case? I assume what's happened is the court was planning to award judgement in your favour, but then noticed you were claiming for contractual interest so the Judge is having to review your claim to make a decision as to what they're going to award you. Whatever their decision you're going to have to put up with it, and I'm not sure there's a lot you can do now. I think it would look very bad if you drop the claim at this stage though. I don't know if that's helpful but that's my thoughts on the issue. Good luck. Lucid
  3. Sorry podgydad, but as I know Mindzai very well I can say with confidence that that is definitely not the case. He helps people out in all kinds of areas for free because he likes to help people. He doesn't do it to make him feel in control and that's exactly the same when he's helped people with bank charges. He's just a genuinely helpful person and so am I, and I'm sure many people on here are too. I've said before that maybe companies like yours would do much better if instead of charging a percentage - bearing in mind this could amount to a ridiculously disproportionate sum of money for the work you've done - you should charge a set fee per claim. I believe that the majority of people who disagree with these businesses are doing so because they stand to get a large portion from each claimant's winnings, when really it should be staying with them. I just can't understand why charging a set fee instead of a percentage would be an impossibility and it would be much more fair - they'd probably get more business that way. Lucid
  4. No I haven't - sorry golfscape but i've onl just seen your message. I don't know if it's too late now but I will try and go through all the paperwork tomorrow and find the info. I'd completely forgotten I never got round to a 'Litigation Concluded' post so will do that at the same time. :o I apologise if it's too late golfscape but I haven't been on here for ages - had so much work going on. Lucid
  5. Mindzai had an idea taken from another forum he is a member of (non bank charges related). He said that they have a progress bar at the top of the page showing the total amount of money they need for that month and the progress to show how close they are to meeting their running costs each month. He actually thinks this encourages people (on this particular forum) to donate as they can actually see the difference their donation would make and he also said that people tend to donate more regularly too because they can see that their money is needed. Maybe something like this would be worth a try as it would be more of a visual aid that would stand out. That's my (well Mindzai's ) idea anyway. Lucid
  6. Hi Hercules, The monthly rate isn't found by simply dividing the annual rate by 12. I used to know a good way of explaining this but I've completely forgotten now. The spreadsheet is right though so don't worry. The reason you can't divide the annual rate by 12 is to do with compound calculations. Sorry I can't give a solid explanation - but you will probably be able to find your bank's annual and monthly rate on their website where you can check. Lucid
  7. I think it is referring to making money out of other people's claims. LOL Rory - I just noticed. Lucid
  8. Sections 20 - 22 of the Solicitors Act 1974: Found on The Law Society I think section 20 is probably most relevant and is the reason podgydad has had a letter from the Judge. Lucid
  9. Hi, It just means they are not going to bother issuing one for you or the bank to fill out. They know that it tends to waste more time. It's nothing to worry about. Good luck. Lucid
  10. Check out Gary's thread GOT A COURT DATE? A guide to the later stages. It goes through the court bundle and has links of useful extra information you should try to include. People paying £475 for their court bundles? I'm not sure where that come from but it's not the case. Lucid
  11. You need statements if you are intending to reclaim overdraft interest - as you need to know your account balance. Also I read recently that somebody got a list of charges from the bank but still pursued getting all of their statements sent to them. When their statements arrived the list of charges was not complete at all and there were a few charges missing from it. ;-) Yes you're right in saying that changing the interest rate on the simple sheet will not calculate compound interest. I think that the Estimate of Previous Charges was initially meant for pre six year charges - it does briefly refer to this box in the notes. But it seems that people are successfully claiming further back now so it's probably not very relevant anymore. I don't know where the referring to overdraft interest claimable idea came from - I've not heard that before. Lucid
  12. Hi overflow, The reason it says TOTAL OWED BEFORE INTEREST is because you are on the Charges & Interest tab. It is just telling you the total amount of charges you are claiming for before any form of additional interest (statutory or contractual) is added. Check out ether the s 69 8% or C. Interest Daily tabs to see how much additional interest you can add to your claim. Good luck. Lucid EDIT: Sorry bigfatgreedybanker. I've just noticed you already answered overflow's question.
  13. lucid

    Advice Please

    You can send them a letter to stop telephone harrassment but there is a much more simple option - don't give them your work or mobile phone numbers. Unfortuantely I think that any number you inform them of they are entitled to phone you on it. Next time they phone you, ask them to take off your work number form your account details. I believe if you ask them that then they have to do it. Send them this letter: Harassment by telephone and you could even add a sentence in there about removing your work number form your account details. Good luck. Lucid
  14. Hi Joy, Have they paid you the full amount of charges now? If so, have they paid any of the s69 8% interest? If the answer is yes to both I think you may very well be wise to settle. The reason I'm saying this is from what I can tell from your thread you submitted your first Particulars of Claim without including contractual interest. You then amended your claim and added contractual interest but didn't provide any calculations or breakdowns. The way I have always taken it is you absolutely have to provide schedules of charges, breakdowns and calculations with your Particulars of Claim, otherwise it's not presented in the way the court expects. If I've got this compeltely wrong then please accept my apologies, but it's what I've understood has gone on from your posts. If you are going to continue and still need a spreadsheet then you will probably find Open Office a useful download from OpenOffice.org: Home. This is an alternative to Microsoft Office and is completely free and legal to download. Good luck. Lucid
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