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Everything posted by bustthematrix

  1. Hello A major bank (per this thread section) has contacted me regarding incorrect charges that were wrongly added to a loan I had with them back in 2006 which was settled in 2007. In calculating the refund amount, they added simple interest @8%pa (13 years worth) to the repayment. I remember reading somewhere that such interest should be compounded instead of simple. The difference in final amount between the two methods of calculation is fairly significant. I wanted to know if you were aware of the case law(s) or legal principle(s) applicable so as to apply compound interest as opposed to simple interest to the refund amount? Or perhaps you can refer me to something to read? I'd like to request compound interest if at all possible. I don't want to waste time trying to get Compound Interest unless there are strong legal grounds for doing so. Left to them of course, they prefer to pay simple interest as the figure will always be less. Many thanks in advance.
  2. Hi How do I accept the petition without agreeing to her false allegations of domestic violence? Sorry for the delay, I've had online access problems which will hopefully end today.
  3. Any tips on where to get input on how to respond to the petition?
  4. Hello Wondering if anyone can assist. A few weeks ago, I received a petition for divorce from my soon to be ex. I put it aside thinking I had about 28 days to acknowledge it as I was and am still in the middle of arranging moving home. Unfortunately, now I've lost the forms I was sent AND I was told I was required to acknowlede to the court within 7 days of receiving the petition. Any ideas on what I can/should do asap please? Thanks in advance.
  5. Not sure if I should go ahead with an appeal...or just cut my losses.
  6. Hi Grumpy Please have a look at this other PATAS case which seems to contradict the above.
  7. Thanks Grumpy. Just what I need I think. The signage/markings just aren't clear enough in my opinion. Do you have the details of the case you quoted?
  8. Hello All I hope you can help. I recently received a PCN affixed to my car for an alleged Code 27 offence. i.e. 'Parked in a special enforcement area adjacent to a footway, cycle track or verge lowered to meet the level of the carriageway.' I want to contest this on the basis that 1. The signage around this area is poor and unclear. It certainly was not clear to me that parking was prohibited as there was no visible warning signage and it was a single yellow line. 2. I have parked (never more than 20mins) at this very location, always AFTER 18:30 several times in the past, over many years and never been ticketed or warned not to do so - not even by other motorists or passers by. I think this is worth contesting as the signage seemed unclear to me as well as observed usage over the years. The borough is Enfield.
  9. Hi Dodgeball I've found your posts on this topic quite helpful. How best to use/what uses would you say this ruling accomplishes for debtors/defaulters? Thx in advance...
  10. Assuming I'm not lying then, in light of what I've said about an ACTIVE direct debit arrangement STILL in place with HMCTS, what do you propose I do? i.e. it's clearly their fault for not taking that last £10 and that's even if I actually still owe it. I've not seen any schedule of payments for the fine since I started making them.
  11. Please clarify on why this is 'perfectly lawful'? I had and still have a valid payment arrangement in place. If in fact £10 was still owed as alleged, why did they not simply debit it along with the earlier Direct Debits? Also, had I actually cancelled the DD mandate [which thankfully I haven't], should they not have notified me of the outstanding amount before referring it to a debt collector? There's been no refusal to pay or failure to contact/respond on my part so why should my costs have to increase? Definitely seems far from 'perfectly legal' to me.
  12. Not sure based on the envelope. The stamp bit says "Delivered by Royal Mail C9 10002" if that helps?
  13. Please see comments. I most certainly have not had ANY reminders or warnings of any kind. What procedure are they supposed to follow?
  14. Hi All I have just received a 'Notice of Enforcement' from Collectica Enforcement Services (CES). I got it in today's post but notice it's issued 2nd of May? Anyway, apparently, I owe £10 to HMCTS. CES have now added a £75 'Compliance Stage Fee' thus raising the 'debt' to £85 now due for payment. The Notice states I have until May 15th to 'pay or agree a payment arrangement' with CES. I am OK to pay the £10 but DO NOT agree with having to pay the £75 and would like to challenge it. THIS notice from CES is the first time I am being made aware of this shortfall. The £10 debt is nothing but a shortfall from a court fine from July 2013. I had setup an instalment payment arrangement by DD with the HMCTS payments company to pay the fine in monthly instalments which I 'd been doing up until about Jan/Feb when the full amount was cleared (or so I thought). HMCTS setup the monthly payment arrangement AMOUNTS to clear the debt, not me. I assumed they knew what they were doing and that payments would be taken until the debt amount was cleared in full. Around March/April (have to check not sure), I stopped the DD payment setup on my Online Banking as I had waited until they stopped taking the payments for about 2 months - assuming that the balance had been cleared in full. I originally owed £400, and paid £100 July 2013 and £50pcm from August - January to clear the balance. I am now minded to send a £10 cheque to Collectiva (or direct to the court??) for the O/S £10 I was unaware of whilst challenging the £75 'stage fee' as this is the FIRST I am hearing of the fact that it was oustanding. Surely I should have been notified, as a compliant payer, that there was a £10 shortfall and given the opportunity to clear it rather than straight to a Debt Collector with further charges added on?!? Absolutely not right. Kindly please offer your thoughts on how best to go about this. Regards Btm
  15. ...yeah, since I'm subscribed, how come I didn't get an update when they posted the query?
  16. I have to say, I think this latest refusal by them is a strategy they are following. They've not commented at all on the case law OR the fact that there was a breach by the original supplier. I suspect this is just to see how far I'll take it before they cough up - but we'll see.
  17. Thanks for checking Steampowered. Said 'pushback' arrived from lender yesterday so it looks like this'll have to go all the way as FOS aren't my cuppa tea.
  18. Btw, the above request goes for anyone else who has an interest in this and plans to use the case law at some point. If you know how to check just how authoritative cases are, please do so and share your findings for all our benefit. Thanks
  19. Phew! I thought you meant it already had! Ok, will do my best but I'm not the best with Bailii.org and the others so if you can have a look too please?
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