It's March 16, 2011 and I have just received an 'alert' that there is a new message in the Forum under the thread related to MCOL and bank charges - the addition is dated, 4th March 2007 23:00, approx four years ago - ? Thoughts anyone ? VM

thanks very much, BB

sorry to hear about DWP issues .. let me know if I can be of any help - I'm quite well-versed on benefits stuff, appeals, tribunals etc. etc. so if it relates to anything along those lines, do feel free to send me a private message. I will google Truecall! best, VM

hello BB .. many of them are there already but this one was new to me , a London 0208 .. so looks like a domestic number. Anyway, it has now become 'nob 21' so I know for next time

Is a anyone else experiencing a wide variety of techniques from Aktiv Capital, to get you to answer your mobile / call back ? Last night, a new number dialled my mobile and left a message at 8pm. (most numbers from AC I've saved in my address booked and appear as 'Nob, 1-19' respectively, so I know not to answer)((yes, there are 19 different numbers they've used!)) .. but this was a new one and the message left went something like this .. "sorry you are having trouble with your calls. Goodbye". I did dial the number from my witheld landline and surprise surprise, it was Aktiv Capital. Suggests to me they are now pretending to be your phone company and trying to worry you in order to call the number back. Anyone else had this ? cheers, V

Will do, thanks.

Hi there, There's a petition online - Faulty Apple PowerBook G4 Petition .. but that's nothing .. the Apple forums are full of examples and what's more, Apple moderators are deleting threads. If anyone finds they have a similar problem, I urge them to add a note here, and / or sign the petition and to keep in touch. Under the Sale of Goods Act, we can get these screens replaced. Cheers, vm

In the last couple of months, my Powerbook G4 has developed a fault with the display - having talked it through with Apple Support, they suggested it might be a problem with the graphics card. My brother-in-law, an electronics engineer, put his money on a latent manufacturing fault, i.e something that occurred at the time of assembly or manufacture. Since then I did some research with a local computer technician. Between us, we have found hundreds of examples of exactly the same problem, on the same model, with the same serial number beginning W85 .. a whole batch (100s, 1000s ?), which had their screens assembled at the Shanghai factory circa 2002-4. There are thousands of complaints across various Apple and Mac related forums and websites .. people are very angry because as yet, Apple has not acknowledge the fault - The situation is not dissimilar to a car manufacture whose new models come off the production line and a year or two into driving, the brakes fail. Eventually (presumably there is a threshold for the number of complaints before a manufacture acts), products are recalled and parts replaced. Apple moderators have started to deleted the thread of complaints regarding this issue, naturally making owners furious and in itself, that action suggesting a cover up. This is a machine bought for around £2000 and it's equivalent today is still a similar price. It is not some cheap run-of-the-mill laptop from PC World. One or two people have been lucky and after quoting the Sale Of Goods Act, have had their screens replaced. The majority have not. On Friday, I have my first appointment at an Apple Store in London - probably to have some 13 year old run a set of diagnostics which will prove utterly fruitless. However, I intend not to budge from the store. I shall quote the the Sale Of Goods Act and present them with the evidence of all the W85 machines from the Shanghai factory. If it's not my lucky day, I shall pay my local chap to do the job and send the bill, persistently and relentlessly to Apple for reimbursement. If anyone out there has this problem, please get in touch - the more people I can find, the better it is and the more likely Apple will, eventually acknowledge the latent fault. Many thanks, vmac

Ok, gotcha .. you mean add in "and final.." .. ? Thanks, V

Hi Kurt , Don't go away! In their letter, they say. " Generally we don't agree to adjust any of these charges, but I can tell you that on this occasion we are prepared to repay you £750 in full and final settlement of your complaint" The note next to the credit on my bank statement, reads, "Goodwill refund" I wrote back (using template) to say I would only accept it as part payment and without prejudice and would pursue them for the remainder through the court. In my POC, I have included the following (tell me if you think it's sufficient or not? don't want to shoot self in foot! - also, I've left the schedule of charges as is): "7. Defendant has credited an unspecified 'goodwill refund' to Claimant's account without consultation. Claimant has, without prejudice declined acceptance of this as final settlement." Thanks Kurt, Virginia

Just wondering if anyone could 'OK' the following point in my POC re £750 part payment: "7.Defendant has credited an unspecified 'goodwill refund' to Claimant's account without consultation. Claimant has, without prejudice declined acceptance of this as final settlement." Many thanks

OK, nearly there ... could you just explain your last sentence ? "though of course if you "accidentally" forget to mention in your PoC that it came with an associated "non-liability" clause"

Thanks Kurt, That makes me feel a little less frantic about amending figures, although I may state in the POC that I have received the money into my account but declined acceptance as full settlement. What do you think? Thanks again, VM

OK, thanks Gez. And should I deduct in from the final figure, or leave it as it is? In particulars of claim, does this read OK do you think .. 'I have received £750 into my account to date for which I have declined to accept as final settlement'

I can help with the first bit - I woul recomend taking it into the court personally . that way, it can be stammped in your presence and at the very least you can know that it got there! Regarding the timelines , they are clearer when using MCOL but using this method, I don;t know, however, this is also information you could get from the court when you visit.

Nearly done with the N1 which I intend to submit to court tomorrow. In my particulars of claim, I've added a point at the bottom, which reads 'defendant has to date repaid £750' - Is this acceptable? If so, under the heading 'Value' where it reads 'Charges / Interest /court fee and then Total .. should I insert, ' - £705 already received' or is it simpler to leave it out altogether on the understanding that Lloyds legal will do the maths, as it were ? Many thanks, VM

Well yes, of course!

I don't know whether or not to complete MCOL or file an N1. In either case, regarding interest - what happens now Lloyds have paid 750 ? Does the 8% remain the same ? And the daily interest .. does it start from the day you file the claim and is it the charges only x the daily interest , or the charges + 8% interest x the daily ? Thanks

Why in the template for the POC for an N1, does it appear to include overdraft interest when this is something the banks refuse to refund? If one is not claiming overdraft interest, is the final sum the charges x 0.00022

hi, Filling in an N1 - need to specify local court and can't find link to search for local court. now that Lloyds have paid 750, do I deduct that from my total figure ? If so, does the interest stsay the same ? Do I need to amend my spreadsheets and if so, how do I randomly deduct 750 ? At what point does the daily interest come into play ? Many thanks

Hi, I need to know what to do about my mcol details and the fact that Lloyds have already paid me 750. Do I deduct it from my figure ? And does the interest stay the same as it was previoiusly ? Wishes, VM

Brilliant news, well done! Did you use moneyclaim ? had you had a 750 payment beforehand ?

Hi Remus, Thanks for this - Thing is, once a case has been to court (and rejected?) the FOS won't look at it. I guess I'm feeling nervous and thinking that should Lloyds enter a defence i could then drop the case and take it to FOS to cover myself - are you with me ? I've just got this feeling that knowing my luck with Lloyds (and that the amount I'm claiming for is similar to those who have lost), that I will be failed case No.3! What is [problem] ? VM

Hi, Now that Lloyds have won a second time, is it perhaps advisable to file an N1 in order to submit a more substantial claim ? Secondly, having been one of the many recipients of 750, do I now deduct this from the final figure and the schedule of charges, and does the interest stay the same ? (I don't see how I can do new spreadsheets and randomly deduct 750). And finally .. would it be a suitable tactic, that should Lloyds enter a defence, to then drop the court claim and go to the FO, as an much safer option ? Many thanks for all those who can advise appropriately, VM

Despite doing various searches I can't keep track, there is just so much. I thought by starting own thread I would be able to get answers more quickly and then just dip into my own thread. If I've done the wrong thing, please accept my apologies for adding to the morass! As of today, Wednesday June 6, all first steps have been foillowed, letters sent etc. etc. Like scores of others in recent weeks however, Lloyds popped £750 into my account with a 'full & final' letter. Speaking to them in Andover, I was told that this did not preclude me from pursuing the remainder (total £2942 / interest 566). Their advice was the Ombudsman. My choice, based on the current working timelines of both, is court. I was planning to use Moneyclaim but am unsure now since new advice to file claim with an N1 with which you can submit a schedule of charges - Where and how does one get an N1 ? Do I deduct the 750 already paid? I do intend to cover myself with a letter outlining my acceptance of the 750 only as partial settlement. They already have my court threat letter. Do I deduct, or would the deduction occur at the time of settlement ? Secondly, can I choose my court ? Lloyds hold two addresses on file for me - the address linked to the opening of my account and local branch and a current address. Following my final letter to Andover, accepting the 750 only as partial settlement, does all further correspondence relating to court proceedings now go to Gresham Street ? Many thanks in advance - I'm happy for posts and / or private messages. V MacNaughton[/size] Macnaughton Rules - A set of guidelines for an Insanity defense formulated by the Judges of the House of Lords in 1843, used in England until the 1960s: Persons acting under the influence of an insane delusion are punishable if they knew at the time of committing the crime that they were acting contrary to law. Every man is presumed sane and to have sufficient reason to be held responsible for his crimes. To establish a defense on the ground of insanity it must be clearly proved that, at the time of committing the act, the accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing or, if he did know it, that he did not know he was doing what was wrong. If the accused was conscious that the act was one that he ought not to do, and if the act was at the same time contrary to the law of the land, he is punishable. A person under a partial delusion is to be considered as if the facts with respect to which the delusion exists were real.[/size]