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Everything posted by Prudence

  1. Also, the schedule of charges I have prepared (which is referred to in no. 26 of my Part 20 Counterclaim) - shall I attach this to the allocation questionnaire as there was no provision for me to attach it online when I submitted my defence and counterclaim? Many thanks
  2. Hi, just to check - is the "Title or number of the form you need the court to issue" COUNTERCLAIM ?
  3. Thanks so much Andy, will get this sent off tomorrow. Best regards, Pru
  4. Am at work, so will have to check any reply later but any help would be really appreciated many many thanks, Pru
  5. Andy, if you are about and could spare a minute to check my answers and help me with (G) I just realised I need to get this in the post tomorrow. Many thanks
  6. Hi Just completing the AQ. Can you have a look at my answers and advise please? Many thanks, Pru A) Settlement - would you like to use the free small claims mediation service - Yes B) Location - Yes (address of my local court) C) Track - do you agree the small claims track most suitable? - Yes D) Witnesses - how many witnesses other than yourself? - None E) Experts - expert's report? etc - No F) Hearing - Any days when you will not be able to attend? - mark as appropriate G) Other information to help judge manage or clarify the claim - help! What should I put in here? I know I need to mention non-receipt of reply to S31.14 Any help would be greatly appreciated!
  7. Thanks very much IMS. Final query - is it still possible to claim if the account goes back to 2005/6
  8. Thank you IMS. So would I use your spreadsheet to calculate using the original interest rate? Then add the 8%? And deduct 10%? Sorry, just want to make sure I am understanding correctly. Any idea why they withhold 10%?
  9. Hi Can anyone tell me if you go through FSCS for your PPI reclaim from Welcome - do FSCS uphold the compound interest on it to date? Many thanks, Prudence
  10. Hi IMS, Following your advice last August, instead of taking it and taking the bull by the horns, I started responding, CCA'ing, threatening, etc to the various DCA's that were coming at me. You advised me the above as I had sent a DSAR to Lloyds and it was missing loads of info (no statements of account or anything). I know for a fact that they added lots and lots of charges to our 3 accounts. I wrote to the Data Controller but she was adamant that as it went back to 1998 they did not now hold the data. Is it too late to proceed as you advised? And is there any point in complaining to the ICO, as my experience of them has not been great? Many thanks, Pru
  11. Any advice re my last post would be much appreciated.
  12. Thanks very much for that, great. I am wondering if anyone can advise if it would be better to go straight to the Court or to try via the Ombudsman?
  13. Yes we still have both letters which both admitted their mistake and apologised. Thanks for the information. I need to find out what should be our next step.
  14. To update, and to save anyone from having to read back on this thread, a quick recap. My daughter opened an account with Alliance & Leicester whilst a student a few years ago which she never used. A&L(now Santander), without her consent or request,'upgraded' her account. This account started to incur penalties as this type of account needed a regular income. My daughter found that she was getting demands for increasing amounts up to over £170 worth of charges. A year or so ago we went into the branch to complain and my daughter received a letter profusly apologising for their error, a cheque for £50 in compensation and confirmation that the account was closed. We thought that was the end of thematter however my daughter last year was turned down for two mobile phone contracts and an apartment and couldn't understand why. Then she found that Santander were still reporting adverse information on her credit file and the 'arrears' had now mounted up to £400!!!! After several complaint letters, they again apologised profusely, (sent a cheque for £75 to her old address and which she never received!!) and assured her they were closing the account and ordering the adverse data on the credit reports to be removed. It took ages for my daughter to get a credit report as she had moved to another apartment and delays with getting her name on the electoral role etc etc. Anyhow, the longshot is this adverse data is STILL on her credit file! I am furious as she went to enquire about a mortgage with her boyfriend a few weeks ago and was told that she did not have much of a chance because of her credit rating. So she was turned down for mobile phones (had to get one out in her boyfriend's name), an apartment and could not get a mortgage. We did write to the ICO and have now sent them a copy of her updated credit report showing the adverse data but I really want to take some action against Santander as this is gross negligence and their actions have had a huge impact on her life for the last couple of years. What is the best course of action? I honesly do not have faith in the ICO doing much.
  15. Just to update... have received the AQ so having a look at that. I never did receive any response to my 31.14 - should I be doing anything about that?
  16. Hi, Just to update.... I wrote to Wescot requesting agreement. I also wrote as suggested quoting section 1 and 2 of the Protection from Harassment Act 1997 etc. They wrote back to say they 'are not the creditor for the account but instructed on behalf of the above client. In the circumstances we are returning your postal order which was made payable to Wescot Credit Services as this needs to be made payable to Lloyds" ......"In the meantime, you will need to make arrangements to pay the account...." We have now had another letter to say there will be a doorstep collection. Would be grateful for advice on how to proceed with this. Many thanks, Pru
  17. I know, I'm amazed at how good you're looking on such little sleep! Big thanks and definitely..... Goodnight
  18. Hopefully this is the last question (have I said that before??) How do I calculate the 8% interest? The number of days are 573 - is there a calculator anyway to do this calculation?
  19. Thanks Andy, more education... I love it! It was August 2010 that they wrote tho, and they said that they themselves were writing to mbna for a copy of the agreement, then 3 months later produced the 'application form'!
  20. Thank you (they actually wrote to say they "didn't have it" and would have to write to mbna for it - even tho they'd been demanding money from me for years - silly billies!!)
  21. Hi Andy, still here going over everything! Just to say I changed no. 3 of the Defence as it was Link who I wrote to with a request for the credit agreement. Thanks, Pru
  22. A thousand thank you's! Will let you know how I get on. Best regards, Pru
  23. Thanks Andy. In regard to the fee for the part 20 I have not looked up re fees yet but we are in financial hardship so is there provision for that do you know?
  24. But in para 26 I include "Claimant did not discover the PPI was added until 2011"
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