Hi folks

Due to hols and the strain of being 8 months preggers taking its toll, I've not done anything towards our claims lately......hope it's not hindered things in anyway though:(

Well now i've got a bit of energy thought I better get things motoring again. With ref to my boyf. claim he was due to submit N1, which we delayed due to hols and lack of funds!!! but then we realised he had still not replied to settlement offer so i have put together the following letter:

Response to settlement offer.

Re. Account No. ****************

Thank you for your letter dated 25th May 2007.

I respectfully decline your offer of settlement and request, one final time, that you return to me all charges imposed on this account, totalling £1643.33 to date.

In order to avoid Litigation against you, I am prepared to temporarily accept the sum of £320.00 offered as partial settlement on the clear understanding that the remainding balance of £1323.33 is also agreed for payment within the next 10 days. Failure to comply with this request or if I do not hear from you within 10 days will result in legal action against you for full recovery, as detailed in my Letter Before Action.

I trust this clarifies my position and for your reference I have attached a detailed up to date schedule of these charges and interest claimed to date.

Yours faithfully

Does this sound ok? and will it not matter that i've left it a while since they had made the offer?

Brownie24:)

Hi all

Would be grateful for some advice/help/general pointing in the right direction.

We moved into our current property on 20 December 2004, and contacted SWEB the gas supplier to inform them that we were now occupying the house (brought from new of David Wilson) but we never received any bills or further correspondence until yesterday when an estimated bill from EDF dropped through our letter box along with another letter informing us that due to technical problems they had not been able to bill us since Nov 2004 (we didn't even live there then anyways) but as a gesture of goodwill they were willing to deduct a lump sum from the outstanding bill.

Now before I get back in touch with them I just want to get things straight with ref. to the two year rule.

- Should it be that they can only lawfully bill me for the period June 2005- June 2007? and what bit of consumer law do i have to quote with ref. to this?

- Should I ask for a detailed breakdown outlining exactly what they are trying to bill me for?

Any advice as to what steps I should take next would be greatly appreciated:D

Brownie24

Hi deedee

I don't think it makes any difference if the accounts are/when they were closed, but like Tanz said make sure you do your research and prepare all your arguments so you are ready for whatever they throw at you:D

I have not tried claiming over 6 years yet but am in the process of getting hold of some old Natwest statements so will be beginning on this journey soon.

Good luck and I will help you out whenever I can.

Brownie24:)

WOOOOO HOOOOO.......FANTASTIC NEWS GORGE:D

Now crack on with your wasted costs and Capital One:D

Brownie24

Hi alice

Looks like we have more than the Abbey claim in common........I too am 33 weeks preggers, my little boy is due 31st July!

I never sent any acceptance letter to the Abbey never had time....received my cheque about two days after receiving the letter that you have received. If you send them a copy of the letter I sent requesting costs just change the wording of the first para slightly to read :

I can confirm that, subject to costs, I am willing to accept your offer in full and final settlement ofthis claim, and will contact the court to discontinue proceedings upon receipt of these costs.

I will PM you a breakdown of my costs to give you a rough idea.

Good luck with this.......and the bubs:)

Browni24

Alice

Also have a look at the following link by the v.knowledgeable GaryH

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/65921-application-costs-updated.html

Hi Alice

WOOOO HOOO......CONGRATULATIONS:D

I too received similar settlement letter from Abbey a couple of weeks ago and then a cheque. Since then I have also been successful in securing wasted costs from them as well

If you let me PM your email add I will email you a copy of the letter I sent them, I managed to agree these without having to submit a formal wasted costs order although I made them aware I would do so if needs be:D

Brownie24

P.S do not inform the court the claim is settled until you have discussed wasted costs with them

Hi Hank

My Court bundle went as follows.....and was successful for me:D

- Statement of evidence

- Copy of all correspondence

- Schedule of charges (Excel spreadsheet)

- Abbey bank statements

- Relevant case law to penalty charges

- OFT summary 5th April 2006

- OFT statement April 2006 - Calculating fair default charges in credit card contracts

- Early day motion - Default banking charges

- BBC News - The money programme bank comission

- Transcript of BBC radio interview with Peter McNamara

- The UTCCR 1999

- UCTA 1977

- SOGA 1982

However I submitted mine a week before the Lloyds success and think it is best now to also include terms & conditions, just so you have all angles covered. Also make sure you meet all the requirements as included in your directions given by judge....i.e some people also have to include witness statements (I didn't).

Hope that helps

Browni24:)

Popmassive

Have you not already sent a copy of the bundle to the court? I would take over a copy of this to them just in case.......as this way you have complied with the directions and the hearing date will be kept open until you notify them otherwise, also if you do have to submit a formal wasted costs order the courts will also have a copy of the bundle you have prepared and will see the actual work you have put in.

Hope this helps, I will look out for your email add. and let you have the letter:)

Brownie24

Hi Popmassive

WOO HOOO........CONGRATULATIONS:D

Once Abbey had agreed to settle with me I sent them a letter informing them that due to their unreasonable behaviour I was going to pursue a wasted costs order, and gave them the opportunity to settle this with me before I submitted a formal request via the court.......to which they agreed:D If you PM me you're email address I will send you a copy of the letter I sent, which worked for me.

Well done

Brownie 24:)

P.S do not inform the court that this has been settled until you have come to an agreement re. costs!

Hi ya Gorge

Just been browsing the Abbey forum.....and I come accross a familiar name!.......remember me? I've been following your thread on Cap One forum and it seems like we're claim buddies:D

Anyways just thought I'd let you have the good news......I've just been successul in my claim against the Abbey, see my thread.

http://www.consumeractiongroup.co.uk/forum/abbey-bank/59426-brownie-takes-abbey.html

You might find it v. interesting to know that I also managed to agree settlement of wasted costs with them, without having to issue a formal wasted courts order.......although I stated that this would be my intention should they decline my costs request. If you want I'll PM you a copy of the letter I sent to them approaching them for these costs.

Good luck and no doubt I'll bump in to you again soon:)

Brownie24

Hi all

Just one last update to add to my post.........I WON COSTS AS WELL

I approached the Abbey with a letter outlining their unreasonable behaviour and that I hoped they would consider my request for costs before I informed the court that this claim was settled........they did and decided to pay my costs without me having to submit a formal request (which I highlighted I would do)

Brownie24:)

P.S - If there is any mods about could you remove my thread to WON!!!!!!!

Hi Gorge

Sorry missed your Q, I'm sure UKaviator's advice is spot on.....he's helped me no end:D

Although under value I just put:

See attached POC & schedule for detailed breakdown.

Total value of charges = £??????

Contractural interest to date = £????????

The total amount of claim is then broken anyway down at the bottom of the claim form where I included court fee.

Let us know how you get on.......I've not yet sent my N1 form off waiting til Wednesday......payday;)

Good luck

Brownie24

Hi Popmassive

I actually sent them an email about 14 days after sending my court bundle just to double check that they had received it. I decide to give them a nudge to see if they'd received it as the money is very handy at the mo especially with a little one on the way.

This seemed to do the trick anyways as a couple of days later I received a letter stating that they were settling in full and then the cheque followed:D

I am now pursuing them for wasted costs so fingers crossed on this front but not heard anything as yet.

Good luck with your claim, not long now, I will check back to see how you get on.

Brownie24:)

Hi Gorge

It is the same wording that I am using for my POC - which was kindly supplied to me by Doo - who had a succesful outcome:D The only bit I think you need to add is the daily rate at which you will claim CCI which would be as below:

Contractual interest at a rate of 34.40% per annum, compounded daily from the date of each transaction to 03/06/07 of £533.19, as set out in the attached schedule of charges. The claimant further claims interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxxxxxx per day.

 

To work this daily rate out just change the date on your spready to the next day and then work out the difference to give you the daily rate:D

HTH:) I am off to submit my N1 now.....good luck with yours and it seems we will be at round about the same stage so I will keep an eye on your progress.

Brownie24

Cheers Doo.

Off to do that tomoz thanks to Doo:)

Brownie24

Hi Orfoster

Thanks for the post and links I will have a look into these:)

Think this may be a tricky one anyway........the account has not been paid and still has an outstanding balance.........However the main reason for him not attempting to pay this back at the mo is that he has never had any demands for payment or notification that a default would be registered!!! If he did have a request for payment then he would have made an effort to do so but as he heard nothing, and its been over two years now, he had basically forgotten all about until he got a copy of his credit file.

Therefore my main query was really due to the lack of communication is there anything we can do to get this removed?

Cheers

Browni24:)

Help, just a quick one before I confuse myself too much.....easily done:rolleyes:

I am filling in the POC for the N1 form as kindly supplied by Doo:)

In section 6. c) it says Contractual interest at a rate of 35.6% per annum, compounded daily calculated from the date of each transaction to ????? should I put todays date here? of £xxxx, is this the final figure of interest being claimed taken from my spready? as set out in the attached schedule of charges. The Claimant further claims interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxx per day. How do I work this daily rate out??

Could someone help with my questions in red please? As I wanna make sure I get everything spot on.

I am also going to seek to claim wasted costs from Crap One as well and beleive that it is best to make them aware of this in POC - does anyone know what I should add to make them aware of this?

Cheers

Brownie24

Well just as my boyf is preparing to send off his N1 claim form he receives an offer today from Cap One........seems to be the usual silly offer of the difference between the £20 charges and the new £12 ones - amounting to only £320! There is a form for him to complete should he wish to accept the settlement.

As he is now ready to file his court claim does he need to send off a rejection letter as well or simply just get the court claim filed?

Brownie24:)

Hi all

Right my boyf has had no response to his LBA so it's off to file the court claim now:D Could someone point us in the right direction for the POC for credit cards? Also I beleive that it is best to submit this direct with the court rather than MCOL as we can add more detail to our POC, is this correct? As he is claiming CCI can he now also add the statutory 8% or is this not allowed as well as CCI? and how do we outline this in our claim?

With ref to my Cap One claim after sending my prelim letter I have received an offer.......the difference between the old charges and the new £12 ones..........well you can guess what my reply is going to be to this:D

Brownie24

Up to you really, but there are hugely compelling arguments that Lloyds have behaved unreasonably, and I'd be happy to help you with them. In fact I have just submitted a formal application myself which contains a detailed statement of their unreasonable conduct which you could use if you wanted to.

 

GaryH

Would you be able to post the statement you refer to above? I am about to approach the Abbey for wasted costs and am trying to put together a letter at the moment. Your comments would be of great interest to me.

Thanks

Brownie24

Hi Popmassive

When I submitted my court bundle to the Abbey I sent a covering letter reiterating the total claim to date and that at this stage that I would only be willing to accept full settlement of the claim. I also mentioned that I would be seeking to claim wasted costs.

Two weeks after submitting this bundle to them I received full settlement:D and am now in the process of calculating wasted costs order.

HTH

Brownie24:)

Cheque received today:D .......what a bonus had not expected it until at least next week, so I can now formally move my thread to successes.....woo hooo.... how do I do this?

Also can now get my wasted costs submitted.....should I approach the Abbey with some figures or just does this via a letter to the court?

Brownie24:)

Just won my claim with Abbey and am now going to submit a wasted costs order with Derby County Court........has anyone else been granted these costs through Derby?

Browni24:)

Good luck Charlefarley ......hopefully not long for you then either:D