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happyandbroke

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  1. Hi, Robinson Way just dont give up! They're chasing me for a debt which was settled approx 2 months ago. Paypal issued a chargeback against me but I fought it & won so they reversed it...I now have a 0.02p credit balance with them..Hehe! So I've just read the very interesting thread...OFT Debt Collection Guidance by BankFodder, Robinsons are actually breaking section 2.6,h...which states ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment. I'm currently waiting for them to call back for the 3rd time this evening as my eldest son has told them I'm unavailable. They obviously don't keep notes because I have to go through the whole story time & time again. What are my legal rights to get them to stop. I have emailed & telephoned Paypal numerous times to instruct them to advise Robinsons that the matter has been resolved and to get Robinsons off my back. Even though I have told Robinsons this, they wont take my word for it, they tell me to get in touch with Paypal again...I'm so sick of it. Any advice?
  2. Thank you, its certainly taken a 'load off' as far as i'm concerned! I've Pm'd a mod to move the post to the success', will I need to write to the court to let them know its been settled?...and what about SC&M? do I just leave it now.
  3. OMG!!! We've Won! :-D £4,233.00 The thing is, (this is not my a/c, I was helping a close friend), My friend received an Acknowledgement of Service letter on Fri 13th July. The court date stamp is Fri 6th July with intention to defend. On Tues 17th July received letter from SC&M dated Fri 6th July explaining that they will be defending Lloyds on the grounds of account mis-use. Yesterday, my friend received another letter from SC&M also dated Fri 6th July marked, Underlined & in Bold " Strictly Without Prejudice".... warning us not to show this letter or reproduce it in any way that may compromise when entering sttlement negotiotions. It goes on to explain in 5 seperate points that they intend to defend, Explanation of breach of contract etc etc. the last point states "your claim for repayment of these fees is therefore misconceived". It goes on to say that LLoyds & other major banks are currently discussing the legal basis for these charges with OFT. Over the page it goes on to say the bank is, without prejudice to the position set out above, willing to pay you £4102.21 you are claiming as bank charges, interest of £10.79 plus the court fee £120.00 in full & final settlement... This will be paid on the following basis: It then gives you 7 terms. The closing stating of this letter states: If you are willing to settle on this basis, please sign a copy of this letter as confirmation that you are bound by its terms, and return to us asap. We ask you to reply within 10 days from the date of this letter(dated 6th july) as the bank will need to file it's defence if settlement terms cannot be agreed before then. Inerestingly, all three letters were dated Fri 6th July, so how can SC&M send one with intention to defend & another on the same day offering a full & final settlement!!!! What has really annoyed my friend is that she had an OD £1400 & had agreed with LLoyds that she would repay this back @ £140 per month(without interest). On the 17th July the above amount, £4233.00 has been deposited, clearing her O/D. But surely this is not right as she has only just received the offer, hasn't signed anything & as SC&M clearly states on the terms they set out that they will need to file a defence if they don't receive the signed letter from my friend? She didnt reply to them 'cos she didnt receive the letter 'til 13 days later. She is elated that they've paid up, but says its very underhand the way they have done this. As she hasn't signed this letter, she has not agreed to anything so they shouldn't have done this. She is not legally bound by their terms in the letter, and she plans to claims for further charges that were added after she filed this claim, can she still do this? What do we do now? (apart from celebrate!!) Can she start another claim even though it states not to in the offer letter? (I'm just glad its all over! I won't tell her that, she'll feel guilty!) Also how do you move this thread to success'
  4. Ha Ha! Got the acknowledgement through the post this morning with intention to defend whole amount...was hoping it was going to be plain sailing. Never mind.
  5. Ok, thanks. also since the notice of issue LLoyds have charged £105.00 since, can I add this to the original claim?
  6. Hello all, I have had my Notice of issue through the post & it has given Lloyds until 13th (which is today) to reply.....which they haven't. Am I right in thinking the next step is to file a Judgement default against them? With it being the week-end can I leave it til Monday now. I would rather hand it in to the court personally or should I post it asap?
  7. thank you. going off to reprint more copies
  8. In Paticulars of claim section 5 c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest] the [Amount]...is this the charges amount or the interest amount? I've already printed if off but after reading it back it doesn't make sense to me. I've put the charges amount. then the daily rate in the last part.
  9. Thanks Barty, in that case I'll just stick to the statutory 8%.
  10. Just one more question about the above interset, I've calculated it to be £0.90 per day, But on the form: Charges £xxx.xx (This I know) Overdraft Interest £xxx.xx(This I know) Interest under s.69 County Courts Act 1984 £xxx.xx confused about this figure Court Fee £xx.xx (This I know) Sorry....:o
  11. So am I right in thinking the (charges + the interest already calculated at the 8%)x the daily rate?
  12. Help please! On the N1 form, value section, what do I put for the Interest Persuant to S69 County Courts Act 1984. at £xxxx per day. I have calculated the 8% yearly amount, so I haven't got a clue what the daily charge would be. How do I calculate that?
  13. Yahoooooo!!! Just wanted to let you all know, Paypal have just sent me an email stating: "We are pleased to inform you that we have successfully disputed chargeback case no.PP********. The buyer's card issuer has decided in your favour and within seven days you will receive reimbursement for 520.00 GBP. It is PayPal's standard practice to dispute wrongful chargebacks. One of the benefits of using PayPal is that our team of chargeback specialists will gather the necessary information from you and work with the credit card company until the chargeback is resolved. We appreciate your prompt response to our request for information about this transaction." Thanks to everyone who took the time to read my thread & post replies. I'm so so happy now!!! :-D
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