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Everything posted by lucid

  1. Hi, I completed an online order recently and when I received two separate delivery tracking emails a couple of days later I realised that my order had been duplicated. I looked back and found the order confirmation was also duplicated (exact same items but different order numbers etc). I immediately contacted customer services to request that the duplicated order be cancelled and was told that it wasn't a duplicated order and that I'd ordered it twice - I hadn't. I was told that 15 minutes had passed between the orders which apparently meant it was impossible for it to have been a system error. I checked the time period between the confirmation emails and of the order times on my online account and they were a couple of minutes apart, not at all near 15 minutes, so they'd basically made up that part of it. So I got back and highlighted this and was told again it wasn't a system error. I know I didn't make the same order twice, but as they agreed I would get a full refund if I returned the item I thought there was no more point in arguing about it. Then I found that I would be responsible for returning the item and wouldn't be reimbursed. The company have it in their T&Cs that they don't pay for returns postage - although surely they must do if the item is faulty - but how is it fair that I've been lumbered with an extra order that I didn't authorise and now have to pay to return it? They are adamant that the error isn't theirs but I know I did not checkout twice, and after their initial lie about the 15 minutes why should I believe them that it definitely wasn't their error. So does anyone know what my options are for trying to get the returns postage paid? Could I threaten to use debit card chargeback, given the duplicated charge, and just tell them to arrange a courier to collect the item? They were quite rude in their implications in the first couple of emails I got so I really don't want to give in and just pay for the returns postage anyway. Thanks for any help, Lucid
  2. Hi loosetooth, I'm not sure I'm the best person to be asking for help but I'll try. Firstly have you followed Photoman's advice yet and contacted the court? I'm not sure I'm 100% clear on your problem but are you concerned that the court are reviewing your claim because they've noticed you're claiming contractual interest? I've not heard of this before so don't really know what advice to give, but I certainly don't think dropping the claim is a possibility. You say that the only thing worse than losing the case would be to be awarded the total plus statutory (8%) interest, but you have to keep this in your mind as a possibility and at least it would pay off your overdraft. Why would it be worse than losing the case? I assume what's happened is the court was planning to award judgement in your favour, but then noticed you were claiming for contractual interest so the Judge is having to review your claim to make a decision as to what they're going to award you. Whatever their decision you're going to have to put up with it, and I'm not sure there's a lot you can do now. I think it would look very bad if you drop the claim at this stage though. I don't know if that's helpful but that's my thoughts on the issue. Good luck. Lucid
  3. Sorry podgydad, but as I know Mindzai very well I can say with confidence that that is definitely not the case. He helps people out in all kinds of areas for free because he likes to help people. He doesn't do it to make him feel in control and that's exactly the same when he's helped people with bank charges. He's just a genuinely helpful person and so am I, and I'm sure many people on here are too. I've said before that maybe companies like yours would do much better if instead of charging a percentage - bearing in mind this could amount to a ridiculously disproportionate sum of money for the work you've done - you should charge a set fee per claim. I believe that the majority of people who disagree with these businesses are doing so because they stand to get a large portion from each claimant's winnings, when really it should be staying with them. I just can't understand why charging a set fee instead of a percentage would be an impossibility and it would be much more fair - they'd probably get more business that way. Lucid
  4. No I haven't - sorry golfscape but i've onl just seen your message. I don't know if it's too late now but I will try and go through all the paperwork tomorrow and find the info. I'd completely forgotten I never got round to a 'Litigation Concluded' post so will do that at the same time. :o I apologise if it's too late golfscape but I haven't been on here for ages - had so much work going on. Lucid
  5. Mindzai had an idea taken from another forum he is a member of (non bank charges related). He said that they have a progress bar at the top of the page showing the total amount of money they need for that month and the progress to show how close they are to meeting their running costs each month. He actually thinks this encourages people (on this particular forum) to donate as they can actually see the difference their donation would make and he also said that people tend to donate more regularly too because they can see that their money is needed. Maybe something like this would be worth a try as it would be more of a visual aid that would stand out. That's my (well Mindzai's ) idea anyway. Lucid
  6. Hi Hercules, The monthly rate isn't found by simply dividing the annual rate by 12. I used to know a good way of explaining this but I've completely forgotten now. The spreadsheet is right though so don't worry. The reason you can't divide the annual rate by 12 is to do with compound calculations. Sorry I can't give a solid explanation - but you will probably be able to find your bank's annual and monthly rate on their website where you can check. Lucid
  7. I think it is referring to making money out of other people's claims. LOL Rory - I just noticed. Lucid
  8. Sections 20 - 22 of the Solicitors Act 1974: Found on The Law Society I think section 20 is probably most relevant and is the reason podgydad has had a letter from the Judge. Lucid
  9. Hi, It just means they are not going to bother issuing one for you or the bank to fill out. They know that it tends to waste more time. It's nothing to worry about. Good luck. Lucid
  10. Check out Gary's thread GOT A COURT DATE? A guide to the later stages. It goes through the court bundle and has links of useful extra information you should try to include. People paying £475 for their court bundles? I'm not sure where that come from but it's not the case. Lucid
  11. You need statements if you are intending to reclaim overdraft interest - as you need to know your account balance. Also I read recently that somebody got a list of charges from the bank but still pursued getting all of their statements sent to them. When their statements arrived the list of charges was not complete at all and there were a few charges missing from it. ;-) Yes you're right in saying that changing the interest rate on the simple sheet will not calculate compound interest. I think that the Estimate of Previous Charges was initially meant for pre six year charges - it does briefly refer to this box in the notes. But it seems that people are successfully claiming further back now so it's probably not very relevant anymore. I don't know where the referring to overdraft interest claimable idea came from - I've not heard that before. Lucid
  12. Hi overflow, The reason it says TOTAL OWED BEFORE INTEREST is because you are on the Charges & Interest tab. It is just telling you the total amount of charges you are claiming for before any form of additional interest (statutory or contractual) is added. Check out ether the s 69 8% or C. Interest Daily tabs to see how much additional interest you can add to your claim. Good luck. Lucid EDIT: Sorry bigfatgreedybanker. I've just noticed you already answered overflow's question.
  13. lucid

    Advice Please

    You can send them a letter to stop telephone harrassment but there is a much more simple option - don't give them your work or mobile phone numbers. Unfortuantely I think that any number you inform them of they are entitled to phone you on it. Next time they phone you, ask them to take off your work number form your account details. I believe if you ask them that then they have to do it. Send them this letter: Harassment by telephone and you could even add a sentence in there about removing your work number form your account details. Good luck. Lucid
  14. Hi Joy, Have they paid you the full amount of charges now? If so, have they paid any of the s69 8% interest? If the answer is yes to both I think you may very well be wise to settle. The reason I'm saying this is from what I can tell from your thread you submitted your first Particulars of Claim without including contractual interest. You then amended your claim and added contractual interest but didn't provide any calculations or breakdowns. The way I have always taken it is you absolutely have to provide schedules of charges, breakdowns and calculations with your Particulars of Claim, otherwise it's not presented in the way the court expects. If I've got this compeltely wrong then please accept my apologies, but it's what I've understood has gone on from your posts. If you are going to continue and still need a spreadsheet then you will probably find Open Office a useful download from OpenOffice.org: Home. This is an alternative to Microsoft Office and is completely free and legal to download. Good luck. Lucid
  15. Hi, This part of the spreadsheet is really tricky and unfortunately I don't believe there is a universal way of sorting it for every single bank account. Although the spreadsheet does provide an estimate, and when a positive balance is entered it tells you that you're entitled to £0 interest, I'm not sure if adding 100% of the interest manually is correct. The spreadsheet wouldn't necessarily calculate that you were owed 100% of the interest - but it depends on whether 100% of the time you were overdrawn it was down to their charges. Which in all of our cases would be impossible because we're all relcaiming bank charges, and we don't get them unless we go overdrawn. I know that to get round this particular problem other people enter their lowest balance of the month and from what I hear this works, but again it isn't really correct. Unfotunately it's the only way to get around it at the moment due to the way the sheets calculate. Lucid
  16. One already exisits BJ : JOY vs ABBEY. Joy, I've had a look through your thread and I have to say I'm very confused. Am I right in saying that your court hearing is 14th May? If so, did you only claim for statutory interest (8%) in your Particulars of Claim? If that is the case then you can't even consider working out and adding higher rates of contractual interest - it's much too late now. The following is one of your posts from your thread: Firstly you say you're asking the court to make judgement on contractual interest (CI), but again did you claim for it in your Particulars of Claim? If not then I don't see how you can ask for judgement on it and it sounds as though you have no calculations for contractual interest amounts at the moment either. You also say you're going to claim for costs which is a good idea. But I think you're overestimating how much you should claim for. The time spent on the claim (36 hours) seems like a lot for one claim. How did you arrive at that figure? You also say that you're going to charge £6.95 for 21 letters you've written to Abbey pursuing this claim. How did you arrive at the £6.95 per letter figure? Can you prove that you've sent all of those letters? Are you able to produce an itemised list of each letter? These are the kind of details that I think make a difference as to whether the court will consider the costs application or not. Lucid
  17. I get paid more than £9.25 per hour for my teaching too, but I believe that £9.25 per hour is a reasonable amount for preparing for the court claims. I think that people need to keep their claims for costs realistic, and while it's seeming more common for the banks to pay up the courts aren't always giving them the opportunity. I saw one claimant who sent off a list of costs to the court and the total was a very high amount. The end result was the court struck out the claim for costs. In our costs claim we probably underestimated our time spent on the claims - bearing in mind we were claiming costs for three claims - but we had the total amount paid up by the bank and we were absolutely happy with the £420 we got, and we didn't expect to have it paid to us either. I honestly don't think the court will entertain a claim for costs which consists of a higher hourly rate than £9.25 per hour - but I could be wrong. Good luck. Lucid Lucid
  18. 14 actual days. Good luck. Lucid
  19. Hi Caz, That's the same court that we went through. All you can do for the moment is wait for the court date, but along the way make sure you're preparing as though you're going to have to turn up. Check out Gary's thread GOT A COURT DATE? A guide to the later stages as it's a very useful resource and includes links to use for the court bundle too. I wouldn't place too much importance on the £750 goodwill gesture offer. It's not always offered to everybody so it's best not to expect it. We had our three claims paid in full the day before our court hearing so it can eb evry last minute. Some people have even turned up at the court to discover their claim has been settled in full - the solicitors fax the court to tell them. Good luck. Lucid
  20. lucid

    Any advice

    Donkammy, How long ago did you start using this company as you signed up here in August 2006 - and posted your other two posts in August 2006. Do you know if they have actually filed the court claim yet? If they have then I don't really know what you can do. Have you signed any forms from this company - for example did you have to sign anything to give them permission to handle your claim? If they haven't filed the court claim then you may be able to get out of them handling it if you haven't signed anything. You haven't paid them anything up front have you? Lucid
  21. Hi Barcaboy, It sounds as though you have included every single bit of interest they have ever charged you -this is wrong. If you didn't get full statments then you wouldn't have been able to work out the portions of overdraft interest thast exist because of their charges as you need to know your account balance for that. Have they offered to pay you the full amount of charges without overdraft interest? If so and the £1000 they haven't included is all overdraft interest then it would probably be wise to accept the offer. If you don't have your statements there is no way you can work out how much of that itnerest is reclaimable and you've only got until Friday. Plus youd have to amend your claim which would cost you a non-refundable £35, but again it's probably too late for that now. I'm not 100% sure, but I don't think there's anything else you can do as you can't ask for them to repay all of the overdraft interest that they have ever taken. Lucid
  22. Hi Barcaboy, Have they offered to pay you everything other than the overdraft interest? Is the overdraft interest you've claimed every interest amount they have ever charged you? Or did you correctly work out the portion of each interest amount that is reclaimable? If you've added every single interest amount they have charged you then this is incorrect and they are quite right in saying that you're not entitled to claim it. But you are entitled to claim every single portion that only exists because of their charges. I hope that makes sense. Lucid
  23. Hi Wiggles, Firstly don't worry - this is all normal. You will find Gary's thread GOT A COURT DATE? A guide to the later stages a useful resource. You will find a section on the court bundle with links for all of the relevant information you need to include. The Judge waiving the questionnaire is a good thing - it means they see the process as a waste of time, and that they are aware that the banks are really wasting for the courts' time with the whole process. Good luck. Lucid
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