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Everything posted by shutmeup

  1. I've just been reading your thread where you altered that part of the claim, starting to make bit more sense now. It does seem overwhelming trying to understand some things but it seems to come together when writing it all out. I'm claiming interest in restitution so how does it work where it says about claiming stat 8% interest? Do i not claim that, claim it from date of each charge or start claiming it from the day i submit this N1 form?
  2. Hi Shelley,Ah right that makes more sense!I opened it in 2003 and Defaulted in 2009. I've got the T+C's from when i opened it. Is the point of claims in the library still ok to use for filling in the N1 as i noticed it quite a few years old?
  3. So Barclaycard have rejected my pre-lim letter stating they believe their £12 charges are fair, even though half of the charges are double, and in one case, nearly 4 times that amount!They received my LBA 3 weeks ago and have failed to respond so i'm now going to start court action.I'm using the template in the library to fill out the N1 but looking at it the current terms and conditions on there are from 2007. Does anyone know where i can find up to date conditions to use as after making CCA and SAR requests i never received any?
  4. Thanks for explaining that. Thats the only thing i've been worried about was standing up in front of a judge trying to justify my case. As you suggested earlier i've gone with the 24.9% which still comes out at over £3000 and will be sending my first letter off to BC tomorrow. I was hoping to bribe the DCA into removing the Default but if BC buy the debt back to offset i shall just keep on arguing with them to remove it!
  5. Undue enrichment, those are the words i was trying to think of earlier! It seems strange to me that i could ask the court for BC to pay me back charges, plus interest, and i haven't even paid BC some of these charges as they sold the account on. So i'm making a claim for money that i never paid in the first place! Although i do still owe the money to a DCA so i suppose i would end up paying the charges eventually.
  6. Hi slick I didn't have to pay a fee as i'm on JSA at the moment, when i spoke to the CCMCC earlier i was told i cant cancel the claim until its processed as they didn't have any details. If you claim interest in restitution, say 24.9%, do you not claim the stat interest from each date of charge then, just on the whole amount from date of claim? The main thing i wanted from this was to try and get a Default removed. I was Defaulted for £650 and the charges total £640 so hoping i can now argue for it to be removed.
  7. Well that was quick! Received my missing statements from BC today, i think they must have sent them in reply to the LBA i sent a few weeks ago as i haven't been sent anything from the court yet. I have to wait until the court claim has been processed before i can discontinue it. Adding up the charges using 29.9% interest comes to over £4000 and if i was to add 8% court interest later i think would push it over £5000, so would i have to add the 8% when issuing a claim or could i just leave it? Pre lim letter going off to BC tomorrow!
  8. Yes he took out a bigger loan to pay one off. Would there still need to be a new agreement tho as the 2 loans have different account numbers?
  9. Hi Shelley, Yes i send everything recorded delivery now. When i phoned Salford i told them the claim was for information about my account and a nominal fee for costs and was told they only deal with purely money claims. But my local court said it has to go to Manchester like Slick said earlier in the thread so i've got to wait and see what happens now!
  10. shutmeup

    Late charges

    Hi Does MBNA refund £12 late charges applied within the last 6 years? Reading around it seems they wont refund?
  11. There is a copy of transaction history and account notes. They have stated they cant find the agreement at this time. The other loan he had with them the agreement was sent and he did have PPi on it. Should he send them a failed s.a.r letter then?
  12. Hi, Does anyone know if there's a way of working out if PPI was included on a loan without looking at the agreement? My brother sent a S.A.R to MBNA and they sent him a list of payments and dates but no agreement so he still doesn't know if he had PPI or not. It's from a while ago so he can't remember.
  13. I went to my local county court today and was told i had to send it to Manchester!!! I've phoned Manchester twice now and they told me its a local claim and my local court has told me its not!!! So i've sent it all to Manchester today and i'l wait to see what happens next.
  14. I've spoken to the ccmcc in Manchester today and they only deal with purely money claims so the first claim i make for information has to go through the county court.
  15. Hi slick I've been doing some reading and using bits off other peoples claims. Do you think this is ok to send as the POC? 1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject. 2. The Claimant had an account number xxxxxxxx ("the account")with the Defendant which was opened on xxxxx and closed on or around xxxxx. 3. On xxxxx 2011 the Claimant sent a Subject access request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant. 4. The Defendant has failed to comply and has failed to submit statements of account between xxxxx 2003 and xxxxx 2004. 5. By virtue of the Defendant's failure to comply with the Subject access request the Claimant has suffered damage. 6. The claimant is aware that the Information Commissioners Office (ICO) considered Barclaycard's Microfiche data storage system back in November 2006. The ICO concluded that the microfiche system used by Barclaycard is a relevant filing system for the purposes of the Data Protection Act. 7. The damage caused is: Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £100. 8. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request 9. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request. 10. Damages and costs within the discretion of the Court.
  16. Today i received the same computer print outs i had 18 months ago so am still missing the first 12 months statements. I sent a Lba 2 weeks ago so am now going to file a claim on monday for the missing statements. Theres a box at the top of the N1 form that states - IN THE Does anyone know what to put in there? In the Brief details of claim do i just write that i want my missing statements? or does that go in the Particulars of Claim? Thanks in advance!
  17. Tell him you'll meet him at court then! He's talking nonsense. People cancel transactions on ebay every second of the day. Just ignore him.
  18. Thanks, i've been getting mixed up with the different way of working out ppi interest compared to unlawful charges interest.
  19. Could anyone advise me if this calculation is correct as i'm getting in a pickle!! PPi charges from 2000 to 2006 - £626.17 contractual interest until 2006 - £1029.23 Then do i add the 2 amounts together and claim the 8% simple from 2006 until now? I've read too many threads today and my brains turned to mush now!
  20. Also i've noticed in their rejection letter that they state the policy booklet at the time would have shown any exclusions in making a ppi claim. So would it still be a valid argument to use that he was a temporary worker or would they just say it was his own fault for not reading the terms and conditions correctly? After a lot of reading and getting very confused am i correct in thinking you can only claim compound interest on each amount up until the account was closed? (2006)
  21. He was only sent statements to Jan 2000 so missing the first 7 months of the account. Should i now use the 4th spreadsheet and work out the interest on each charge at the APR they charged at the time?
  22. yes he has all the statements and even has his payslips from the time he opened the account showing he worked for an agency!
  23. That's another good argument to use then. He's just had his claim rejected by lloyds, applied for the card in the bank and was told by one of the staff to add ppi as it would better his chances of being accepted for the card, yet has just been told the staff would never have said anything like that. I don't know how the complaint handler knows what was said in a branch 13 years ago! Also in his original complaint he just added 8% stat interest but am i right in thinking you use the interest rate they were charging then add the 8% on top of that?
  24. Hi, I'm trying to help a friend reclaim PPI on a Lloyds Credit Card, he opened the account in 1999 and at the time was a temporary worker for an agency. I know that would be a reason for mis-sold if it was a loan but would it still count for a credit card? He didnt get a full time job until 2 years after getting the card so would he just be able to claim for that period?
  25. Just take some id and proof of address and tell them your having trouble updating your details with Barclaycard. I know my problem was that because the account had been sent to their collections dept and customer services was a different dept, for some reason they had trouble updating my details across the system so i kept getting my requests sent back.
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