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    • If a DCA supplies a reconstituted copy of the CCA what would be the next step? It seems that a reconstituted copy must be a " true copy " of the executed agreement, it must contain the Prescribed Terms. But given that there is no copy of the applicants signature surely it could be an agreement form with the details filled in. How can it be assumed that this " copy " represents a true copy that the claimant has supposed to have signed. Cabot have demonstrated a bit of sabre rattling when they say "Until we're able to provide this information , your account is unenforceable. This means we're not permitted to obtain a County Court judgement against you . Whilst we cannot pursue legal action, your balance remains outstanding ". I looked up a case... Cabot UK Ltd  v  Bachellier (2010) which might help, but it's tough reading, I'd prefer to plough through War and Peace. This particular case with Cabot is not huge , approx' £140, but the only other worry that I have is also with Cabot...£2100. They may try to make a point with lesser case.
    • you'll never find a court open on a w/end MB. all courts are closed Good Friday and Bank Holiday Monday. However as Andy points out, that does NOT mean you get 2 extra days to file, you get one, same as xmas/new Year. UKPC have not filed their, so no rush on yours as dave says.  
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    • UK travellers are being caught out by post-Brexit passport rules.   When do I renew my UK passport and what is the 10-year rule? WWW.BBC.COM UK travellers have been turned away at airports because their passports are not valid for EU travel.                                   
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New user, I think i need help.


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Hi All,

I think i may have made a couple of mistakes in my claim.

I have been complaining to my bank for years about these charges and on one or 2 occasions they have made what they term as good will charges refunds to my account.

 

I sifted went through 5.5 years of statements and found a total of 1726.00 had been taken in charges, i then used the interest calculator and added a further 254.30 in interest giving a total of 1980.30, i then sent the first letter (without deducting the good will payments i had received) and i now looks as like i added the interest details to early in the process

I received a letter from the bank stating that they were looking into it an they would be back to me within 3 weeks, i then sent the second letter with the original figures, i have today received a phone call from the bank saying that they calculated i was entitled to 300.00 back but they have already given me that back by way of the good will payments so i get nowt HELP PLEASE.:confused:

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There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the 2nd one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large often doesn't amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

2. 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before.moneyclaim

 

Is the £254 interest, instance 1, or instance 2?

 

If 2, you should only claim this when you file at court.

 

If the £1726 is made up of over the limit cahrges , DD and SO referrals etc, then they're telling you porkies.

 

Make sure you're not claiming for the 2 refunds, otherwise carry on with the LBA

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Peanut,

they will say that they only owe you a paltry amount anyway, then they will insult you by offering another paltry amount as goodwill/full and final settlement, but we know that you are entitled to the whole lot back!!

I would go back through your statements very carefully and highlight all instances where you have been unlawfully charged and all instances where they have made a "goodwill" payment. Then start a new spreadsheet up and include the goodwill payments as follows: Refund of Charges -£120.00 27Jan 05 etc, this will then calculate the correct amount, as no doubt there was a delay between you being charged and them refunding you. Then send the Letter Before Action with the correct figures and enclose a copy of the 'Schedule of Charges' but without the interest calculation column (they can work that out themselves). Don't forget to include the interest amount in the letter though! This will ensure that from this point onwards you and the Bank will have a baseline of charges and refunds to work against. Give them 14 days as per the LBA and get ready to file your Claim....;)

 

Bon Chance!:p

Big Col:p

RBS LBA 20/06/06. WON - 21/10/06

MBNA(1)-Start-20/06/06, Claim-£250, 15/8 - Winner!!

MBNA Virgin(2)-Start-20/06/06, Claim £100, 15/8 - Winner!!

BoS MCard Data Protection Act Sent 20/06/06 - WON 16/10/06

Green On!

If the post/advice helps, pse click on the scales!! :cool:

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