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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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Spreadsheet with interest


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Due to a lot of queries regarding interest I have designed spreadsheets that attempt to calculate a fair claim.

 

Please ask in this thread if you have any problems with it, and either myself, or someone else will try to help you.

 

These spreadsheets are freely given to help you. Please consider a donation to the site if you decide to use them so that we may continue to help you.

 

:)

 

Some spreadsheets can now be downloaded, using the links below.

 

Please choose the spreadsheet relevant to your claim - there are different versions depending on if you are in England or Scotland, which spreadsheet package you use, and also whether you are claiming for a bank account or credit card.

 

 

Bank Accounts

England - Simple - Excel

England - Simple - Works

England - Simple - OpenOffice

England - Advanced - Excel

England - Advanced - Works

 

Scotland - Simple - Excel

Scotland - Simple - Works

Scotland - Advanced - Excel

Scotland - Advanced - Works SORRY - WE HOPE TO RESTORE THIS LINK SHORTLY

 

 

Credit Cards

 

England - Simple - Excel

England - Simple - Works

England - Simple - OpenOffice

 

England - Advanced - Excel

England - Advanced - Works SORRY - WE HOPE TO RESTORE THIS LINK SHORTLY

 

Scotland - Simple - Excel

Scotland - Simple - Works

 

 

Please note: All spreadsheets are © Reclaim the Right Ltd.

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Hi again,

 

Once again, I've read through the threads but don't see anyone else with the same question.

 

Like many other people, I recieved copies of statements from 17/03/00 - 19/09/01. From 19/09/01 - 10/04/06 I recieved 'statement entries' which just detailed any charges/fees that had been levied against my account.

 

I have internet banking but am only able to look back until 07/03 so am unable to correctly fill in the spreadsheet kindly provided by Vampiress. I understand that I need to input what my account balance was at the time? Do I have to go back to Lloyds to request copy statements so that I can get this information?

 

 

Many thanks in anticipation for your help.

 

Feralkat

:)Lloyds ***WON*** £3,500 :)
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You do need the balances to complete this particular spreadsheet.

 

If only have monthly balances you should be able to work the balances out if you have a complete list of transactions.

 

Alternatively an estimate could be entered, but this will produce a less acurate figure.

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I have an interest-free overdraft facility, where the agreed limit has varied between £1000 and £1750. How should I account for this on the sheet?

 

Should I:

 

  1. use the balance as stated? This then puts the interest calculation off, since it is not charged on the whole balance.
  2. add whatever the limit is to the balance? This would be preferable for reading, as I can note the limit alongside, though would depend on whether the sheet calculates credit interest too.
  3. if the balance is between the limit and nil, consider the balance as nil? This produces correct calculations (since if the balance is in this range I neither pay nor receive interest)

Thanks

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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The spreadsheet is not designed to deal with the particular situation you are describing, although it seems you are able to 'fudge' it.

 

As the interest-free figure is not static throughout the time period, you will need to amend every account balance figure you enter on the spreadsheet. You need to deduct the interest-free amount from the true balance on each date, thereby reducing an overdrawn balance or increasing a positive balance.

 

NB. The spreadsheet does not initially deal with interest receivable from the banks. Any interest on amounts they have unlawfully deducted is dealt with in the 8% calculation and is only claimable when taken to court.

 

I will add your point to my list of amendments for future updates.

 

Many thanks for your input. I hope this helps.

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As the interest-free figure is not static throughout the time period, you will need to amend every account balance figure you enter on the spreadsheet. You need to deduct the interest-free amount from the true balance on each date, thereby reducing an overdrawn balance or increasing a positive balance.

 

For now, since the interest column isn't populated when a zero or positive balance is entered, I have entered -0.01 to allow the entire interest charge to be added.

 

The spreadsheet does not initially deal with interest receivable from the banks. Any interest on amounts they have unlawfully deducted is dealt with in the 8% calculation and is only claimable when taken to court.

 

I have adjusted this to reflect my banks' unauthorised lending rates, which I should be able to claim before going to court (after all, they have effectively borrowed my money, all I am doing is calling it in - like them, I'm entitled to charge interest on that loan).

 

We'll see where that point goes, but I've established that taking the interest-free balance into account, the amount of excess interest has increased 600%

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Yes, there is a new argument about charging the bank a commercial rate in your initial request and the notes need to be updated to reflect this.

 

To do so, just change the 8% to another rate of interest.

 

The argument is being discussed in another thread if anyone wants to discuss it further. Let's keep this thread for the actual workings of the spreadsheet.

 

There are some good points here. You're all creating work for me. Lol. I'll try to get an update done by the end of next weekend. Wishful thinking.:)

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If the spreadsheet file format weren't so inconvenient, I'd try fixing some of those things myself.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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If the spreadsheet file format weren't so inconvenient, I'd try fixing some of those things myself.
Do you not have access to Excel? If not there is an alternative spreadsheet for use with Open Office. That said, this is only a clone of the original Excel one - calculating the charges, the dates since 'offence' and the 8% APR element.

 

I won't make any promises, but if you would like me to have a go at converting Vamp's spreadsheet to Open Office I'll give it a shot!

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Do you not have access to Excel? If not there is an alternative spreadsheet for use with Open Office. That said, this is only a clone of the original Excel one - calculating the charges, the dates since 'offence' and the 8% APR element.

No, I meant the internal format was inconvenient. If I make some improvement, and Vampiress wants to incorporate those changes in the master copy, she would have to repeat whatever I've done manually. In collaborative programming projects, which tends to use plain text, all I'd need to do is send a diff, which lets other people make the changes automagically.

 

Incidentally, my spreadsheet of choice is Gnumeric, which (like OpenOffice.org) will handle Excel files with only the required disdain. ;-)

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

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Have tried using the spreadsheet but as my account is in credit at the date the interest is applied it shows zero. is this correct?

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First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

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Have tried using the spreadsheet but as my account is in credit at the date the interest is applied it shows zero. is this correct?

That's one of the bugs of the spreadsheet. It is only designed to give an estimate. The balance you enter represents an average balance of the month. For you this spreadsheet doesn't work. I'm sorry.

 

I'll have to look at dealing with this problem. Try entering an average balance of the month for the moment.

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Right lad(y/ies) - quick question:

 

For the life of my account I have so far had either no overdraft or a 0% interest one. I moved from a kiddie account to a student account to a graduate account. I've a suspicion that part of my overdraft wasn't actually 0% (fag packet maths on interest charges - bearing in mind I exceeded my non-overdraft a bit,) but nothing, anywhere, seems to support my theory so I am left having to assume that the entire overdraft is interest free.

 

So, it seems to me that the interest I've paid is likely to be £0 more than it ought to have been - I'd only have paid interest on monies borrowed in excess of my agreed limit. It seems reasonable that interest charges would apply to this.

 

Would this mean that I should leave the second sheet empty, and include no mentions of interest charged when I make my initial claim to the bank? Naturally I shall be filling in the third (8%) sheet when the dreaded moment comes, but I can't see any way in which the second applies..

 

Just wanted to check, this isn't my usual line of work after all! (though if anyone has a business that has computers that want fixing I'll be glad to help:-D

 

Anything but direct and unsubstantiated insults regarding my appearence are gratefully accepted..

 

Krakan

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Krakan,

 

You are absolutely correct, have understood completely, and applying the solution you suggest is spot on. Well done, and great to see such wonderful understanding of the workings and application of the spreadsheet. I'm touched.

 

A request for comments direct and without insult were unnecessary. I truly mean every word.

 

Seriously, you have it 'summed' up - pardon the pun.

 

Nice one.

 

Vamp. x:D

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I've just used the new spreadsheet and added almost 10% to my wife's basic claim. What I ended up doing was to use the lowest balance in the preceeding month as the balance, especially as in many months there was a credit balance at the date the interest was deducted. If I didn't do this I ended up with no interest to claim back in that month even though I was being charged interest (if you see what I mean). I'm sure that my method doesn't skew that figures too much - it is only an estimate based on the data available (and without access to a mainframe data centre :rolleyes:).

 

Also the way HFX charge their interest is not (usually) for the current month, but the one preceeding it. I took this into account when I calculated the balance to use.

 

Anyway, thanks for the spreadsheet - I was wondering the best way to claim this related loss back. :cool:

 

Cheers.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

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Vampiress,

 

Thanks for the spreadsheet. However, there remains a question to which, I suspect, I am not the only one seeking an answer.

 

What's more, I have trawled all around the site and while I do not doubt it's out there somewhere, I'm buggered if I can find it!

 

Anyway, it's a simple question - at least, it is if you know the answer...

 

From where does the second lot of interest, ie the one you claim only if things go as far as court, derive? And, more to the point, why is it only applicable if things go that far?

 

Like I say, I'm sure there's a (relatively) straight-forward answer but I'm a journalist not an accountant or a legal expert and I'm blowed if I can work it out.

 

As ever, thanks in anticipation,

 

Fred_Funk

NatWest: seeking unlawful charges + interest incurred as a result of those charges of £4,292.82 and contractual interest (compounded) of £4,559.41. Court claim issued 16.01.08; acknowledgement of service filled by Cobbetts on 30.01.08

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Hello thanks for the spreadsheet, just one (possibly stupid) question!

 

Just entered the interest parts in on the right hand columns, and i take it that it is working out rough estimate of the interest charge which is the piece you would add onto your claim total?

 

19.62 interest.... balance of -1,441.44 at time of interest = 7.21 that i would then add to my charges to the bank?

 

i also saw someone else comment about the spreadsheet not working if the balance you enter is positive? i think u advised to try to work out the average balance for the month - but what happens if the average is also positive?

 

Thanks again!

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Essjaydee,

 

You are right to add the interest to the charges (of course, for other looking at this post, I'm NOT talking about the 8% interest).

 

Please see my notes in the spreadsheet as to the date and balance used. They can only ever give an estimate.

 

Vamp. x

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  • 2 weeks later...

I downloaded the basic Xls sheet, I have entered the statement date and amount and reason. But how do i calculate the days since offence. Do i have to count back for every transaction (about 30)? Is there an easier way to work it out?

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Hi,

 

Apologies if this is the wrong place to ask this question, but at what point does the 8% County Courts Act (?) interest get applied? I ask because there are a lot of conflicting accounts (I can expand if necessary) and I like to know exactly where I stand (especially with the letter before action).

 

From what I've largely pieced together, I need to:

 

1. Send a preliminary letter with a list of charges and the approximation of interest charged, without the 8% interest.

 

2. If I don't get any joy, I need to send a letter/notice before action, again including the list of charges but I'm not clear whether or not I can include the 8% at this stage - I'm thinking this is, again, without the 8% added....? :?

 

3. Still no joy, I need to file a claim with the county court, at which point I can add the 8%.

 

Is this the case or have I completely lost it?

 

Many Thanks

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