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About mattemotion

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  1. Hi GuidoT, Good to hear from you. How does it work with regard to credit card charges? Presumably this may work the same way. What do you think? Matt
  2. Hi everybody, Just dusting the mothballs off my case files. If the OFT end up telling the banks that a fair charge is say £15, how will this effect my claim? Am I still entitled to all the charges I'm claiming or just the difference between what they should have charged and what they actually charged (plus interest, of course)? Trying not to allow myself to smile! Matt
  3. Hi Fzrkitten, How you doin'? First day of the trial today, any idea how to find out what happened? Matt
  4. Hellooo! Hellooo! Hellooo! Echoes a bit in here now doesn't it. Fzr, yours was the first I've heard from this site in weeks! Bet the banks are luvin it. Matt
  5. Thanks, feel a little better. Thanks also for the CI guide. I was never quite sure whether I had claimed it or not. Very much clearer now. I hadn't. I'd better start claiming against the cards now, incase I need the money to pay LTSB.
  6. When I claimed against LTSB, I just claimed for the charges plus o/d interest, then added the stat 8% when it got to court. When it came to almost £7,500 b4 the 8%, I thought great! It never really occured to me 1) that I might loose and 2) that I could end up having to pay the othersides costs. I wish now, I'd known about splitting the claim, but it all seemed so straight forward. With the cards, I guess I claim the late payment charges plus the interest on those charges at what ever rate interested has been charged, on the basis that I just want what they've taken plus the interest on what they've taken, nothing more nothing less. I think that's fair. If they are so much more likely to pay out, is it worth phoning them, explaining that I'm going to be claiming and see if they will just pay out. Does that sound a bit naive? Matt
  7. Jeez I'm busy enough as it is, trying to earn a crust! But the SAR's are pretty easy so I'd best get on with it. Cheers, Matt
  8. Hi Slick, I went for the biggest one first. At the time it all sounded so simple, so I thought I'd get that one out of the way first then go after the others later. Presumably, I have to go down the SAR route and give them 40 days to provide the information as before. But even though they have reduced their charges to £12, I still claim for all of it? Sounds like I've been wasting a bit of time. Matt
  9. Hi Slick, From what you say, I've gone for the wrong account. I've got a Cap 1 credit card, a M&S &more credit card and a GE Capital (Debenhams) store card, all of which have had late payment charges for several years. Are you saying that it would be far simpler to go after these? Matt
  10. Sorry Shey, for hijacking your site for a bit. Slick, Do you really think the OFT case will be good for us? I put a similar question to GuidoT on my thread, you could come back to me on that if you would prefer and then we can leave poor Shey alone. Matt
  11. Slick, No offence taken. I'm probably nursing my bruised ego. At least that's what my wife would say! I do feel that, if there is no hope of getting it lifted and the decision is made before we even get to court, I'd rather know before hand, so that I don't end up wasting hours and hours putting together bundles and rehearsing arguments. I feel like sending a bill to the courts for wasting my time! You can tell I'm still a bit raw. Matt
  12. Hi GuidoT, Perhaps you could clarify something for me. If the result of the OFT case finds the the banks have been over charging us and suggests that a fair price would be say £10 for a stopped ddm, instead of £35. Or the OFT agrees to drop the case if the banks reduce their charges to an acceptable level, where would this leave us? Would we just claim back the 'over payment' plus interest? Personally, I don't think the OFT case will find that the charges are unlawful, aren't they only interested in deciding if they are fair and reasonable? Let me know what your thoughts are. Thanks, Matt
  13. HI Shey, Great write-up, shame you weren't given the oportunity to speak on the day, I'm sure you would have done a lot better than I did. Still feel we were totally ambushed. I'd forgotten that they kept getting my name wrong! Maybe it was 'Michael' who got his application chucked out, or maybe they were just taking the 'Micky'! Slick, I don't think either of us got 'our money's worth'. What we got wasn't worth the cost of the stamp we used to send in our applications. I would happily pay £65 not to go to court and be patronised and humiliated by a judge who couldn't wait to chuck us out. Sound advice from Shey, if you've got a stay - leave it. Matt
  14. Hi Shey, Yes it was very intimidating. I was told, when I phoned the court last week, that it would be informal and held in in chambers, that the judge would be really nice. What utter rubbish! I don't know about you, but I definately felt like the accused. The judge seemed to think that we had called for the hearing and that we were wasting the courts time, I think that's why he gave us such a hard time, but at least I had the chance to put him right on that! I felt really sorry for you, you hardly got to speak at all. It certainly wasn't a fair hearing. I'm not just disappointed at the outcome, I'm angry at the way we were treated. It was all such a waste of time. If it was all decided before we got there, why did the judge call a hearing in the first place! I don't know about you, but it has certainly put me off ever going to court again. With regard to the 'bundles', I gave one to the Lloyds barrister (kid) when I met him before the hearing and one to the court clerk when the 'kid' and I went in to let them know that we were there. The judge gave me mine back at the end, the 'kid' kept his. The judge was very dismissive of it, said he'd seen loads before and they were just 'down-loaded' from the internet, which I thought was a bit rough as we were 'litigants in person' and where else are we supposed to get advice! I noticed that he hardly asked the barristers anything and I think he resented the fact that we didn't have legal representation, we were just not in their 'club'! Maybe I should have paid less attention to Judge Deeds and consentrated more on Cavanagh QC! I would love to have tied him up in knots with my dazzling performance and irrefutable arguments. Anyway, life goes on and I've filed it all away in a file marked 'pointless'. I expect these forums will get quieter and quieter, because nobody knows what to do and I have this horrible feeling that I'll just end up with a huge bill from Lloyds. It was lovely meeting you on Tuesday, I'm glad you were there with me, I don't think I would have been able to cope if I'd been there on my own. Keep in touch, Matt
  15. Hi Shey Thanks for the message of support. By now we both know the result. Love your bit about 'I hope they are easy on us!!' Looking back, I'd have to say wishful thinking. For those who may be interested read this... What a pointless exercise today was. Shey and I were both up together, before a Circuit Judge. Shey's Barclays barrister seemed very professional and organised. Mine for Lloyds, who had come up from London to Norwich, was anything but. When I met him out side the court, he first thought he was there to ask for a stay, I told him it was actually to argue for the stay to be set aside and let him have a copy of my bundle, so he could familiarise himself with the arguments. He was very friendly and explained the proceedure, said that as I was a litigant in person, the judge would be really helpful and allow me a lot of leeway. When we got in, the judge, sitting on high, asked us if we had a problem with him dealing with both of us at the same time as our cases were very similar, we were both a bit bewildered, did not really know what to say, but I personally felt it better to try to keep him sweet, so agreed. I was given the oportunity to go first, I'd already given him my bundle, so started with my skeleton argument. Right from the off, it was obvious that it was pointless, he'd decided before we even got into the room. I got a real grilling, I tried to stay on track with my arguments, but every time I tried to speak, he interupted. Eventually, he asked if I had anything else to add, I said, 'is there any point?'. The judge left the stay in place, saying that even if he had removed it, a hearing would not take place until well into the new year, which would be after the OFT case would be heard in January. He said there were far more deserving cases which would be heard before us, the clear implication being that we were wasting court time! I told him that niether of us had asked for this hearing and had in fact requested that there would not be one. I certainly wish there hadn't! 'a lot of leeway' I don't think. So, my advice, if you've got a stay, let it stand and save yourself a lot of grief! Matt
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