Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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.

£19.99 + £1.50 (P&P)


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  1. #241
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    I think ive looked at too many spreadsheets tonight.

    To clarify, i personally would use the simple 8% sheet, it may be lower in value overall but its a much easier case to argue in court.
    Using compound interest means you would have to also argue the merits of Sempra Metals v Inland revenue in addition to arguing the Limitation Act 1980 s32 (1) (c) inbrelation to charges over 6 yrsicon ago. Becomes much more complex, is it worth the little extra you may get?


  2. #242
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    yep good spot
    I've noticed that before with mortgagesicon charges


    use the staint sheet and go for simple 8%
    it comes out as more than compounded OC int
    and releases the OP from ever having to justify a restitutionicon claim.

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  3. #243
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Thanks both I'll go for the lower one post 229?? . I think it's going to be difficult enough with the charges being over 11 years old.. and I would like to make things as less complicated as possible. As For the POCicon do I need to post it elsewhere to get help on that?


  4. #244
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    It is SPML/acenden we are talking about here so the simpler the better. Ha. I've done that many sheets I didn't know whether I was coming or going. Is it worth getting it to under 5000 as court claim would be cheaper to issue? Or go in higher and pay the extra to issue to claim?


  5. #245
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Post up yr final POCicon before sending so it can be checked.

    If you wanted to keep it under 5000 then remove the 2 legal fee entries, alternatively, leave them in and pay the additional amount to issue the claim.

    Bear in mind though that you will be unlikely to get them to agree to refund the legal fees, i included them to give extra negotiating room but you dont have to if you want to keep the total below 5k


  6. #246
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Ok I'll leave them in it's around 100 more to issue I think. Are my chances good on all you know?


  7. #247
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    In the majority of claims such as these, settlements are agreed at some point without any admission of unlawfulness and as GoGW.
    That isnt always the case though, some go all the way to trial and at that point, its 50/50 on whether you win or lose, depends on how well you put your case across, how well they defend, whether you have a judge in a goid or bad mood etc.
    You would be wise to have a figure in your mind that you woukd be happy to settle at, this should not be all of the claim amount, just an amount you would be happy with.

    There are no guarantees with this kind if action but reading similar threads will give you a good heads up of how things should go.


  8. #248
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Any idea on a rough figure for me?


  9. #249
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Not for me to suggest, that one is your call. Assuming here that they start to play ball and begin making offers of settlement, which isnt guaranteed, it will depend how far you are prepared to take things and whether you would ultimately stand up to bring your case to trial. ( if you are issuing a claim you must be fully prepared to go the distance if necessary)
    See how things begin to pan out once the claim is issued, they may cave early, they may fight all the way to trial, we simply dont know how they will react which is why it is so important to read read read like threads to educate yourself on what is likely to happen from here on in.


  10. #250
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Ok thanks for the advice. But think I will be issuing a claim


  11. #251
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    I have received a lettericon from Acenden re deeds. I asked the fosicon could they request them for me. Just logged into my account with them and they've charged me 65. Not only that there are another 2 deeds and LR docs of 4 other people in there as well.


  12. #252
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Can someone take a look at the Particulars of Claim please
    1. The Claimant entered into an interest mortgageicon agreement on or around 17/02/2006 with the defendant in the sum of 68,235.00. The interest rate at this date was 7.09%

    2. The mortgageicon is subject to the Unfair terms in Consumer Contracts Regulations 1999 (UTCCRicon).

    3. The defendant is statutorily bound by Financial Services Authority regulations mortgage: Conduct of Business rules (MCOB) contained in the FSA Handbook, implemented under the Financial Services and Markets

    4. The mortgage first fell into arrears on 03/05/2006 after the claimant fell into difficulty and missed that months payment. But caught up the following month. During the term of this mortgage there were numerous late payments but also cheques paid in to cover arrears. However by the 01/11/10 the mortgage balance still stood at 69,430.84. Higher than it started even though extra payment were made.

    5. The defendant levied various fees throughout the term of the mortgage as detailed in the Schedule of charges against the claimant. Most of the said charges were between 2006 and 2010.
    I will rely on the case of Kleinwort Benson v Lincoln City Council with regard to any penalty charges levied that are older than 6 years but still claimed under s.32(1)(c) limitation acticon 1980.

    6. The defendant levied further interest upon the said charges.

    7. The charges were levied at a rate which exceeded the administrative costs and are not a genuine pre estimate of loss and therefore a penalty, deeming them unlawful.

    8. The level of the charges were unfair because they breach the requirement of fairness contained in UTCCR.

    9. The level of the charges is also unfair because they are the result of unfair treatment by the defendant and therefore levied in breach of the defendant's statutory duty to treat their customers fairly contained in MCOB.
    MCOB 12.5.1R01/07/2009
    A firm must ensure that any regulated mortgage contract, home reversion plan or regulated sale and rent back agreement that it enters into does not impose, and cannot be used to impose, excessive charges upon a customer.

    10. For these reasons the interest charged on the charges is also unlawful.
    I therefore claim the following
    a) Charges and additional interest levied 3397.88
    b) Interest at 8% simple from 03/05/2006 to date 2,474.45
    c) Total amount claimed to date 5,872.33
    ci) Interest continues to accrue at a daily rate of 0.00022% or per day until judgment or earlier


  13. #253
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Here's the spready

    Attached Files

  14. #254
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Spreadsheet is fine cruz but include the latest 65. The POCicon is far too long winded.

    Keep it simple, it doesnt need to be so expanded for a poc.


  15. #255
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Thank you. How do you suggest I edit it down?


  16. #256
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    look at any claim on here and see how short and condensed they are with just basic information.

    If you prefer one with more info then have a look at the one i used beliw

    http://www.consumeractiongroup.co.uk...58#post4918258


  17. #257
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Its not so easy to find in my thread so heres a link to it

    http://www.consumeractiongroup.co.uk...7&d=1461854286


  18. #258
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Just to let you know. I haven't bailed on this but a lot going on at present in respect to another thread.

    But have everything ready to go and need to raise some funds fot the court fee and then I'll be going for it!


  19. #259
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    Have you looked into fee remission?
    You may qualify if you fit into certain criteria.

    See form EX160 and EX160a for more info


  20. #260
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    Default Re: Acenden, Spml, Eurosail, Ge money. Are these all same company?

    I doubt I will cos of what I earn. But will look at them. Thank you



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