I suggest you go read Shelley's Barclay thread

and martin2006 thread

it is possible but very rare now

hi all

Please help me save my fading eyesight... This site is crammed full of great posts... However i wish i saved the post but there was a great one which in the POC stated that he was allowed to claim for this money even though it was beyond the statute of limitations because of a mistake.. The oc had not realized the bank should not have made. The charges... Hope someone can point me to the post...

Once i have this i will post the poc i hope to use....

Hope you can help with this PPI court case (FOS has not upheld my case because i must have requested PPI … their evidence was a blank unsigned form i had never seen)...

Thanks

Can I reveal very little about my planned POC in my LBA

Don't want them to prepare defence too early.

Thread moved to the General Legal forum for further advice.

HB

Tell us the story

The pre-action protocol says that "The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated".

Your LBA can be short but it should include the basic details of your claim.

Regardless of what you put in the LBA, the Defendant is going to have at least 28 days from your POC to file their Defence (assuming they file an acknowledgement of service).

Personally I think that holding information back is pointless. 28 days should be enough time for them to work out what to write in their Defence, surely?

hi all

I have prepared spreadsheet of overlimit claim and now need a sample of the initial claim letter to send to the bank.

would greatlu appreciate any help

thanks

adapt to suit........remember the oft no longer exist but you can refer to them

Account number

Account number................... ................ date etc

Dear Sir/Madam

Following media reports,and an investigation into credit card charges by the Office of Fair Trading,which I have recently been made aware of,I now understand,that the regime of fees which you have been applying/applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law,Statute and Consumer regulations,in that they did not/do not, represent a genuine pre-estimate of your actual costs.

I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law,and in consideration of fair business practices and good faith.

It is my contention, that you have failed to operate my account in a manner condusive to the above,and have demonstrated a lack of fiduciary duty.

I calculate that you have taken £xxx plus £xxxx which you have charged me in interestwhich total £xxx. Additionally,you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you, or was the result of impecuniositiy’ caused directly by the taking by you of penalty charges which you had applied to my account.

In recent years,Courts have been happy to accept claims for bank charges that exceed 6 years,whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the limitation acticon 1980.

Should county courticon action be needed I will be seeking to rely on this.

Therefore this letter requests a refund of all charges indicated including interest 14 days from the date of this letter.

I request that payment is made directly to me,by cheque,and that any refund in whole or part should not be allocated to any set off or third parties.

Should this occur,my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

You now have 14 days to respond positively,and in the absence of this,I will put you on notice with a further 14 days,letter before action.

I trust this clarifies my position.

Yours Faithfully

Enc; Schedule of charges

brilliant dx... thank you so very much!!!

hi all

first ... really really reat refresh of the site... love it

is there a poc to reclaim unfair credit card charges please??

thanks

https://www.consumeractiongroup.co.uk/topic/267465-charges-older-than-6-years-won-compound-intt-and-no-set-off/?page=3

post 62 might need slightly updating mind

sure ive pointed you here before and the martin2006 threads

Thread moved to MBNA...please do not post questions in the CAG Library Forum.

Andy

38 minutes ago, dx100uk said:

https://www.consumeractiongroup.co.uk/topic/267465-charges-older-than-6-years-won-compound-intt-and-no-set-off/?page=3

 

post 62 might need slightly updating mind

sure ive pointed you here before and the martin2006 threads

you certainly have dx.... i had thought that I would do things properly and use letters and templates in the library... but if this is good enough that suits me fine... incidentally where would you say it needs updatng or modifyin?

Still mulling over what interest rate to use.

29.9% is what i have noticed on another thread and DX100UK has told me the spreadsheet to use

in all my cases i ran into difficulties around 2004 and stopped all payments...

so while i paid my credit cards including unfair charges i stopped with debt on all of them.

so does this matter???

i hav read a fair bit about restitution .. and while it looks a bit of a cheek I feel I can take MBNA to court to reclaim my charges and a huge amount of interest ... much more than the charges.....

this is a sanity check really dx100uk... would you agree??

charges are around 400 but the restitution interest puts it at 3500+

also can you confirm 29.9% interest is correct and how is it derived please ... in case I am challenged...

thanks

Guys

slick132 or dx100uk or anyone who can advise..

please give me some guidance....

i really cannot find the interest tutorial... I need to submit a letter before action to mbn for unfair charges

but i really need to understand whether i use 29.9% and why this number .. for restitutional interest

please help

thanks

numerous 1 post threads merged.

not sure where you are thinking or followed a thread where MBNA cough on restitutional interest?

we know Barclays do at 24.9%.

DX100UK...

I'm not finding any thread where anyone has been successful... but that does not stop me from trying... I simply wanted to have a reason why i was charging restitutional interest.

what arguments would you expect them to deny restitutional interest??

What d you think?? any advice would be really really helpful...

thanks

there have been several wins over the years particularly with Barclays though they mostly caved in once court papers are issued

you can only search here just as I can.

restitutional interest court claim or alike I would think

put your search in quote marks "restitutional interest"

or

"interest in restitution"

9 hours ago, dx100uk said:

put your search in quote marks "restitutional interest"

or

"interest in restitution"

dx100uk ... thank you for your thoughts and advice ... really appreciate it.

i have over quite a few years been on a number of occasions reading about restitution .. i even bought an excellent book... there is so much case law around it...

we all know though that at the end of the day one person in court will decide on how they see the case ... there is no logical predictable outcome... so preparation is key particularly the arguments you present.

My current thinking is that the claim in restiution is to recover the unjust enrichment: so if you accept that the bank took your money off you in mistake and used it in their commercial activities to lend to their customers then the compound interest rate you should use is their average interest rate across the last 15 or so years... or to put it simpler and easier to understand for the judge the apr used at the outset...

i was simply curious to understand where slick132 used 24.9 ... i assume tis was the equivalent apr used b barclaycard..

Hi all... I have just re-read this thread and I am disturbed by the way I have been hopping in and out of this thread...

my sincere apologies...

My father suffered a stroke last April and triggered alhzeimers ... he spent the next six months in hospital while I struggled to fight the system for funding for him and find a care home he deserved... he has two weeks ago worsened and although has marginaly improved ... he is close to the end... so its been a tough twelve months and i am mentally and physically exhausted...

I recognise that i need to wrk hard researching my claims to recover any money i can... so i really appreciate your advice and importantly your patience with me..

many many thanks to you all... ill try to do better...

thanks

Guys

grappling with the interest to charge... looks like all the charges incurred 2.2071% monthly interest... using http://www.stoozing.com/calculator/apr-rate-converter.php to convert to apr

non compounded works out at 26.52% wheras compounded is a massive 29.95%

questions:

which should i use?

and

any comments or observations please?

thanks

depends upon your total

and small track claim limit

sorry dx100uk... of course … the risks...

i have two claims this is the smaller of the two... but with the higher rate of interest just over 6k

is this within small claims??

one further small hopefully complication... 

i have already sent out a demand using standard template and the two ppi spreadsheets ie interest as charged by them then 8% from that point … and that came to almost 1k i think...

i got a bog off letter but im going to have to start the next letter with having taken advice I submitted an incorrect spreadsheet... sigh... less haste....

within 10k limit then