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Showing content with the highest reputation on 03/10/06 in all areas

  1. As Michael Browne said, all you need to know is in the FAQ section! To help avoid confusion - your next step when you have worked out the total amount that your bank have charged you is to send the bank a preliminary request for repayment. Template for this is in the templates section. Later on in your claim, when you file with the county court, you will be able to apply interest to this amount - but not before then! This is the general procedure with claims against Lloyds: 1 - Send off SAR Statements will arrive within 40 days. 2 - Work out total charges. Write your preliminary approach letter and send to Lloyds.
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  2. Hi minimilner, I have a court day booked against Barclays next week. Got a settlement letter today. As Bookworm says, they like to drag things out... everything they did (e.g. responding to claim, submitting defence) was just before the deadline. In my case I also dragged it out... my reason is that my account is actually in credit right now, so the longer I wait to settle, the more interest I got, and 8% is a pretty good rate!! The tone of every letter I got from Barclays irritated me intensely... And as soon as I have received my settlement I am closing all my accounts with them. I have already opened a Smile account and w
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  3. I will get her to try again but i am sure she has already tried a couple of times - thanks tinkerbelle.
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  4. 1. You're right not to mention the interest in your prelim or LBA. You cannot claim this before filing at court. 2. Enter your charges in the Simple spraedsheet here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html this will calculate the 8% interest. It will definitely not come to £4220!!! 3. The daily rate is your charges £800 x 0.00022= £0.18p. This figure is entered in your particulars of claim when you file at moneyclaim.
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  5. Yes thats ok
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  6. Unfortunately yes, but you claim it back on your claim form - It's worth it, honest!! Agreed a settlement with me a few days after service, just waiting for the lovely lolly now!!!
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  7. Sorry, Tim, you're stuck in the newbies at the mo! Find the Abbey forum on the Bank Action Group 'page', click on and you'll be there. You'll be able to find a blue box with 'NEW THREAD' written in it (sorry I can't do a link for you, I don't know how!). If you give the guys there a short version of what you've done so far, that'll be enough I reckon. Someone'll answer if you're stuck. Keep your thread running as you have here so far, if you start a new thread with each question it gets confusing. You may also want to start a NEW THREAD in each of the other two banks forums that you mentioned - or are you already doing th
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  8. Read around. You'll find that Barclays only strategy for dealing with our claims for fee repayment is to delay things and drag things out as much as possible - bullying and patronising all the way though. Unfortunately, this means that they won't settle before you start legal action against them. But, like all bullies, they fold quicker than a geisha's fan just before they have to actually face up to a court hearing.
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  9. Hi Unicorn There is plenty of help here. Good luck with the claim. Ukaviator
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  10. Use the Trinity Road address in Halifax - this is their registered office.
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  11. Okey dokey, I started this thread on 19 June, nearly 16 weeks ago! My Court date is 6 November, and all is quiet on the Western Front. The claim is now £3246.70, plus £300.04 interest plus Costs (£250 ish), now £3796.74!! I can't even work out what that grows by each day!! If this is a standard month (which it more than likely is!) I can expect another £118 in charges before the end of this week (account charges + referral charges). I can't wait for this to be settled, oh how I will laugh!! Come on Tommy/Cobblers, do the decent thing! BC:cool:
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  12. They could possibly be combined. sorry!
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  13. Spend a few days reading the FAQs and the step-by-step guide in the library section. Also read some of the threads in the bank forum that you're claiming from.... it will give you an idea of what to expect. Start your own thread in the appropriate bank forum and use it to post any questions and progress reports. If you follow the well-tried and tested methods advocated on this site, you will get your bank charges back. If you ad-lib or go your own way, then the results may not be what you expect. This is a self-help forum so it's important that you do your own homework. Good luck with your claim.
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  14. I agree - write to them and inform them that the account is in dispute and they cannot action a ccj. It will be a long way off. They have been threatening me with this for a long time. However, I have been paying them a token amount every month as a sign of good will and in the hope that it if ever does go to court a judge would look favourably on me. However, I am only doing this because what I owe is more than I would have refunded in charges.
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  15. Hi Nicoliyah, ring them and tell them that the account is in dispute, they cannot do anything whilst it is in dispute and get your stuff together and send in your claim and file your moneyclaim. By the time they come to look at your account again, they will know that you mean business and will leave you alone, well it worked for me anyway
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  16. The yhave to issue court proceedings before you get a CCJ and that is a long way off - and then you would just counterclaim for charges - beware of any defaults though as you will need removal of these as part of you settlement.
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  17. OK, nearly 4 weeks and no response to S.A.R - (Subject Access Request). I know they've got another 2 weeks, but I thought I would send them a little nudge. Royal Bank of Scotland 27 September 2006 Data Protection Act 1998 Subject Access Request Dear Sir/Madam ACCOUNT NUMBERS: xxxxxxxx and xxxxxxxx (sort code 83-25-45) I handed in the above request at my local branch on Friday 1 September 2006. At that time, I gave 40 days notice to reply and, whilst that time has not yet expired, I have heard/ seen nothing. I trust that this matter is in hand and is being dealt with at the momen
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  18. I've tried to keep this as simple as possible (not an easy task!) hope it helps people understand how the system works. Here's what happens when an item (direct debit / standing order / cheque) is due off your account that will take you over your overdraft limit on RBS current accounts (other banks processes will be similar i'd imagine): If an item is taking you over your agreed limit that day then YOU NEED TO CHECK with us if its being paid or not, otherwise you have no way of knowing which option will apply. There is a system in place whereby RBS will assess your account and decide whether or not to pay the direct debit / standing o
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  19. Yes. Send it according to your schedule.
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  20. Thats fine dercoss. When i make my estimate it will form five years worth, so i will do a simple analysis of the statements to work out what amount of each type of charge occurs each month. e.g. count up all the DD refusals on your statements, then divide by the number of months statements you have. This gives the frequency of the DD bounced pcm. Do the same for all the different types of charges you have incurred. Then use the values for each type of charge for the period in question and multiply the amount of that type of charge to give the monthly value. So for example if you have on average 1.5 DD bounced a m
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  21. Hi annalh It looks like they could do with a rocket up their proverbials! Try something on the lines of this: Claim no xxxxx Account no xxxxx Dear xxx Thank you for your letter dated xxxxx regarding my claim for the return of fees levied on my mortgage account. The basis of my claim is indeed the fact that the fees levied represent a penalty. In the case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract as oppose to a charge which rep
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  22. Yes, time to file the moneyclaim. This is exactly what has been happening to everyone else on here. You file the moneyclaim giving them 14 days to make the next move. They will acknowledge the case, giving them another 14 days to respond (total 28, plus a couple of days to allow for the time taken for moneyclaim to begin your action = 30). On day 31 or 32 Natwest will announce they are defending the claim, and Nobbetts will send you a load of sheets of paper with rubbish printed on them. You then write back, acknowledging reciept of rubbish but saying you won't send anything under CPR 18, but, you are a nice person so you will send the
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  23. Oh yes, and then CallCredit... and then the banks themselves!! Of course, their admission in this letter can now be used as evidence that they agree that it is dependant on the specific terms of the individuals contract... and what's more Experian's legal dept. must have approved such a letter before allowing it to go. HOWEVER, I bet that you will now see contract terms being altered to six years even for non-public defaults.. I note that Experian have already changed their suggested templates. As I said on another thread, just amend the T&Cs, to read "for the duration of the contract only" and initial it. Having s
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  24. Ok I'm getting impatient! Its been 12 days since they acknoweldged so I've sent the following letter, I'm calling it my LAA letter after action! Lets see what transpires. Dear A O’ Brien, Please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts. For your convenience a brief summary of my claim is as follows: 7th July 2006 - I sent a preliminary letter requesting refund of the Early Redemption Charge levied on my mortgage account on the grounds that the ERC represents a penalty for a breach of contr
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  25. CALM DOWN!!!!! They have received your S.A.R - (Subject Access Request) so start from now (yesterday). Could you have got the statements online?, it's a lot quicker. Like you said the ball is rolling, I know it's stressful but it'll all be worth it in the end so keep your chin up.
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  26. Hi - take a bit of time to read up first to make sure that you have the facts before going too far ahead. Read the FAQs and template letters then have a good read around here to see how others are getting on. Keep any progress on your own claim or questions that arise in a new thread in the forums for your banks to make it easier for others to follow and advise you. There's a set of links in my sig below that will help you find where all this useful information is. Well done for getting started! Apologies for the slowness of the site today - recent publicity has made us very popular!
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  27. hummm if they dont know what they are doing and are a bunch of nutter hehe they are now v wealthy nutters as we all seem to be doing something right
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  28. For my part I think Robertxc and Surreyscouse have good instinct. Mortgage redemption works rather differently than appears in post no. 8 above - you are not locked into a mortgage agreement for the term. There is an equitable right of redemption that attaches to mortgages - the borrower is entitled to redeem the mortgage at any time. This right arose many years ago to deal with unsavoury money lenders. What used to happen was that a borrower would grant a mortgage to a lender which would be repayable on x date in the future. The borrower at that time was only entitled to repay on that date. The borrower would make all the mortgage
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  29. Kind of. Debits that come out of your account overnight (cheques, Standing orders and Direct Debits) are applied after credits that go in overnight (salary payments etc). Therefore the amount credited will not be taken into consideration when deciding whether to pay a direct debit etc. There should be funds in the account at the close of business on the previous day to cover any payments and avoid charges. I worked for Barclays until last year, but doubt these things have changed since then. If you have Direct Debits, Cheques or Standing Orders due out of your account, you should have sufficient funds available to pay them in the ac
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