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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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First Offer Received At LBA Stage


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Hi all,

 

I have received my first offer from RBS. They sent it on the very last day before I started court action, after hearing nothing from them before!

 

They have offered me my charges back with the usual crap about charges being fair etc. They have ignored the contractual interest I am claiming, its worth around £2500! They have also ignored the fact I asked for a cheque, not paid into my account.

 

Do I go back to them with a stick it up your @rse reply (done politely of course!) or would anyone accept this?

 

 

Cheers.

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This does of course depend on how much of your claim this is in relation to?

 

You say that it doesn't include your contractual interest, but how much of the rest of this claim does your settlement offer cover? I don't see how you would get away with taking them to court if they have offered you full settlement of your charges and overdraft interest. Perhaps you could give us some rough figures?

 

 

In relation to you insisting on payment by cheque, this isn't going to happen. They will insist it gets paid to your bank account and I'm afraid you are going to find it very difficult to persuade them to do otherwise.

If my post has been useful, tip my scales and let me know

 

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RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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I don't see how you would get away with taking them to court if they have offered you full settlement of your charges and overdraft interest. Perhaps you could give us some rough figures?

 

 

In relation to you insisting on payment by cheque, this isn't going to happen. They will insist it gets paid to your bank account and I'm afraid you are going to find it very difficult to persuade them to do otherwise.

 

 

They have offered me all my charges. I am watching Mcuth's case very closely. He was in exactly the same position whereby they were going to settle charges in full but without interest, he fought on and by the looks of it, the only hope RBS have left is the limitations act.

 

I am not letting them away with paying no interest. I am going to write to them accepting the offer as partial settlement. I have given a further 10 days before I start court action. I don't expect them to pay but when I do put my claim in, I will give the 3 different interest rates as options for the sheriff. I might only get 8% but its better than letting them off with nothing.

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Be warned....mcuth is one of the more highly educated members of this forum, he will have a full understanding of what he is arguing and most in your position are strongly advised to accept this offer as you will have to have a very water tight argument when you eventually go to court.

 

You seem to have made your mind up already but I would advise you to start planning your argument now as you will be up against it. I'm not being cautious, this is the general opinion I see time and again throughout the forums right now.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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What I failed to mention is why.....the problem is you are holding out for an interest amount that isn't a proven argument and therefore the grounds to "hold out" for this part of your claim even though you've received a full settlement (in the banks eyes) are very few. There are many many people who get refused this interest and the court will take a dim view of you holding out for this and you will have to have a very good argument as to why you are holding out for what could be considered as an underserved addition to your claim.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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I second T4FF's advice.

 

There are plenty of authorities to support the argument that bank charges are unlawful, but can you come up with any authorities to support your argument that you're entitled to contractual interest? If the opposition comes up with authorities to support the opposing position and you've no ammunition you're going to struggle.

 

Are you sure your method of calculating contractual interest will stand up to scrutiny? Happy to be cross-examined on it?

 

As long as you are then go for it.

If in doubt read the

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If still in doubt - ask!

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That's what I was trying to say :D

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Can anyone show me a case where a bank has faced someone claiming contractual interest and beaten them in court?

 

Can anyone show me a case that has been thrown out because an individual has been claiming contractual interest when not entitled to?

 

In this country you can sue anyone for anything you like, as long as your argument can hold up in court.

 

T4FF, the fact that the case for contractual interest has never been tested is a very good reason to go for it. It means that the banks are not confident they would win, as with charges. I may not get the full interest that I'm claiming but it may lead to a better offer during the process.

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Best place to look for successes is the successes forums.

 

Look, I'm just giving you my opinion as a word of warning. Essentially, it is up to you what you do. If you continue your claim that's up to you.

 

You are missing the point though.....it's not whether you are entitled to claim it or not, it's whether Contractual Interest is a legitimate argument - this is something that has been devised by someone on here (possibly) as a potential extra earner but it is not a proven argument and is in the hands of the judge.

 

It is not always successful and it is not a supported argument therefore to proceed to court for not offering you settlement on an amount WHICH YOU AREN'T NECCESSARILY ENTITLED TO having already received full settlement on an amount you are entitled to is taking a risk. You could end up paying your court costs, hell you could even end up being stucken out. You are probably right, I'm going to be hardstretched finding someone who has unsuccessfully gone after CI, but to be honest with you, that's your job - you're going after it. It's very easy to not see further than the big fat interest rate you are claiming. I'm just trying to make you see both sides of the story and passing on information which I have gathered from the copious amount of threads I read through.

 

If you are doing your homework, you will have noticed the mods, helpers and other experienced posters saying exactly the same thing elsewhere.

 

 

That said, it's your money, do with it as you wish.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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Just read through mcuth's case again. At no point have Cobbets actually questioned the validity of the contractual interest claim. They are playing the limitations act card very heavily though, this does not come in to my case.

 

Reply is written, if they don't want to pay me interest, they're going to have to face me and beat me in court. I do admit that there is a risk of this being struck out if it is not done properly, hence the reason I am going to call on help from people in the process of doing it.

 

You don't get anywhere in this life without taking a few risks!

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