Jump to content


  • Tweets

  • Posts

    • 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!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Interest, schminterest!


Yamaha
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6173 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I know I am incredibly thick when it comes to money matters but I cannot get my head round what interest I can claim. Filled in spreadsheet for charges eg. unpaid DD, cheques, etc. and each entry gives an 8% interest figure. Is this what I claim and enter into the preliminary letter or is this the interest that I can claim later if it goes to court?

Each month I have two "Charges to (date)" and an interest charge also. Is this the interest amount I should enter in the preliminary letter?

Sorry if this makes sense to some you on this worthy site - but it means b***** all to me!

Link to post
Share on other sites

you cannot claim interest listed on your statements back

you cannot claim 8% until you file to court on the MCOL website.

[for now just delete the interest column - then print the spredsheet & attach to pre-lim letter]

 

however, you COULD claim contractural interest on all your charges from date they are taken till date of claim going in.

 

there are many threads to read.

p'haps the best is:

why is no-one claiming contractural interest [or alike]

use the search facility

 

dx100uk;)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

you can claim back the overdraft interest relating solely to the overdraft caused by the charges. The complex spreadsheet calculates the interest you can reclaim - you need to enter charges, interest debited and account balance. This is the interest referred to in the prelim letter.

Link to post
Share on other sites

Forgive me, guys but alot of your language goes staight over my head.

I'll try and make it simpler for me to understand!

On my first attempt at simple interest the total amount of charges is £4,385 and the "interest" on this is calculated at 8% to be £1.729.35.

On my second attempt at complex interest the totals read as follows:

Penalty charged: £1,527.38

8% on penalties: £454.65

Interest on penalties: £224.41

8% on interest on penalties: £58.24

 

So, what is the amount of "overdraft interest" entered on the preliminary letter.

Again I'm sorry if this makes me sound a complete thicko but I ask you to be patient with me!

Link to post
Share on other sites

why is there such a big difference between the two spreadsheets?

 

penalty charges

 

1st s/s £4385

2nd s/s £1527

 

8% interest (which you dont claim until court)

1st s/s £1729

2nd s/s £512

 

??

Link to post
Share on other sites

Thanks for replying, Bong.

On the first s/s I entered all charges for unpaid DDs/unpaid cheques and card misuse. Total: £4,385.00

On the second s/s I entered the monthly charges and interest charges. Total:£1,527.38

Should I be claiming both together? ie. £4,385 + £1,527.38 = £5,912.38

Link to post
Share on other sites

what do you mean by the monthly charges? are they penalties?

 

you should enter everything on the one spready, either the simple one (penalties, 8% interest and no overdraft interest) or the complex one (penalties, 8% and overdraft int).

Link to post
Share on other sites

ok then, what sort of account is this, business or personal? are the monthly charges always the same fixed amount and do you know what they're for?

Link to post
Share on other sites

It's a personal account.

There are in fact two charges each month: one is for a fixed amount in most cases ie.£30. The other is a varying amount, different each month.

There is no mention what they are for.

Link to post
Share on other sites

well I can't be sure what the £30 charges are for. see this link here http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/57649-rbs-list-all-charges.html#post481507 it might have the answers. was it multiples of £30 up to £90? in which case it would be the referrals penalty charge. the other amount is the monthly overdraft interest.

 

so, if you're satisfied that the monthly charges of £30 are reclaimable, choose one of the spreadsheets and enter all charges together (£4385 and £1527.38 - are you sure about the 38p? penalty charges are usually round amounts) and if you're using the complex spreadsheet, the overdraft interest in the other column with your account balance, to work out the proportion of overdraft interest you can reclaim.

 

does that all make sense?

Link to post
Share on other sites

It may also be worth you read through this

 

Stuck with RBS charges? Click here!!

 

If you have a royalties account, you aren't entitled to claim this charge. If you have loanguard on your overdraft (this could be the varying monthly charges) you aren't able to claim this.

 

Have a read through the thread I've comiled above, it helps identify what, if any, of the monthly charges you can claim. Coupled with the link Bong gave you, that should help you determine what you are claiming for.

 

 

___________

Your feedback is always welcome. If you have thanks, tip my scales and let me know....If you're unhappy then speak to HydraUK :D

 

If you have any questions, you will get much better help by posting it on the forums and directing me to it as there are far wiser people around than me ;)

 

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!!!

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!!!

Link to post
Share on other sites

  • 1 month later...

This is hardly the place for a family conversation! If you're good you can have my Yamaha - so why don't you get bike lessons and a licence a.s.a.p ?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...