Switched off - and you're NOT on my buddy list !!! ....hang on a mo' mate, that was a stupid move. I've stopped sulking now. I didn't even know I could do that until today. If I did, then I could have prevented a nervous breakdown !!

Agree entirely. I would if I could - you know that, matey !!

You're right, mate, it's nice not to have to give a $h1t about it anymore. No more rep-pimping for this guy !! I'm busy putting it about while I've still got some, seems a shame to waste it !! Clicko's.....clicko's......!! Roll up, roll up ! Get ya free clicko's here.....!!!

Clicking a man when he's down - you should know better than that, you minx. SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!SODS !!

You're all sods - every man-jack of ya !!!

Deller - you sod !!!

D M, The word you used - focus - encapsulates it for me. The bank is trying to shift the Judge's focus on to just the interest, the lawfulness of which is more debatable than the lawfulness of the charges. Sure, we can establish the link, it's there in the maths. There has to have been a Principal Amount for any interest to be calculated on anything. But the focus is still on the lawfulness of the interest. Insisting that a payment toward the total claim has been made, which just happens to match the total charges in value, keeps the focus on the lawfulness of the charges, with the interest a secondary argument. If we were making a partial payment, then we could maybe pick a round figure, say, £500, or maybe £750. Or we might decide to pay a percentage of the whole claim - say, 40% or 60%. In any of these cases there is no allocation to any element of the claim. If we decide that the partial payment we're making is going to be the equivalent of the charges element, then we have simply used another method of deciding how much of the claim to pay. I do not believe we can insist that one aspect of the claim has been settled, and only the interest remains to be decided by the court. If the claimant agrees to this proposal, then OK. But without agreement, this is just the bank's proposal, I reckon, and not an agreed apportionment. - Sticking to my guns, here !!

Sounds good to me. I'll start practising !

I don't see any reason why not, but I'm not so sure if it should go in your POC unless you can back it up with plenty of evidence.

Well, thank you redsonja, I'll get a start on them right away !! I always put "......plus contractual interest at the rate of XX% per annum compounded daily, and continuing to accrue at this rate until settlement of the full amount."

Tom, thank you. I wasn't expecting anyone to still be subscribed here. Hagen just suggested I turn off rep but I can't find it in my CP. I still want to read threads because I still want to work on MY claims. It goes against my nature not to help anyone I can, but I guess, as you say, I shall just have to ignore them. I do not want to lose PM altogether, so I will follow your advice and put a "no PM's" message up, as well. I'll have another look in my CP options for turning rep off, but I thought it was just available to Mods & Pinks. Cheers, mate.

Sorry to try and resurrect this thread, but I have been given a load of rep by mods that I did not deserve, and I do not want. I now get all sorts of people coming to me expecting highly authoritative responses when in fact I hardly know sod-all. I DON'T BLOODY WANT THIS REP - IT IS AN EMBARRASSING NUISANCE !! I have started a thread about this, and have asked Dave to get rid of it - to no avail. http://www.consumeractiongroup.co.uk/forum/post-541553.html AND I'VE STILL FECKIN GOT IT !!!!!!!!!! PLEASE, PLEASE, PLEASE, HOW DO I GET RID THE BLOODY STUFF !! I JUST WANT TO BE LEFT ALONE TO GET ON WITH MY OWN CLAIMS, AND NOT SPEND ALL BLOODY DAY ON OTHER PEOPLES' PLEASE CAN SOMEBODY HELP ME WITH THIS ? Must I re-register as another member ?

This is the one I have used, copied from Mindzai last year: XXXX COUNTY COURT BETWEEN MINDZAI AND LUCID CLAIMANTS And LLOYDS TSB PLC DEFENDANT PARTICULARS OF CLAIM 1. The Claimants have a joint account XXXXXXXX ("the Account") with the Defendant which was opened on or around XXth XXXXXXX 2002. 2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimants and also charged interest on the charges once applied. The Claimants understand that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimants. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimants contend that: a) The charges debited to the Account, as outlined in the attached schedule, are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimants; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15. The Defendant has declined to justify the charges. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law. 5. Accordingly the Claimants claim: a) the return of the amounts debited in respect of charges in the sum of £XXXX and interest charged thereon in the sum of £XXX.XX; b) Court costs; c) the additional costs incurred by the Claimants in the writing and sending of letters to the Defendant pursuant to this claim in the sum of £XX, as set out in the attached list of costs. d) the Claimants claim contractual interest at a rate of 29.85%, from the date of each transaction to 7th September 2006 of £XXX, as set out in the attached list 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 £X.XX per day. The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. We hold that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimants claim the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account. Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim contractual interest at a rate of 18.2%, from the date of each transaction to 7th September 2006 of £XXX.XX, as set out in the attached list of charges. The claimants further claims interest at the same rate up to the date of judgment or earlier payment, at a daily rate of £X.XX per day. The account’s Terms and Conditions specify the interest payable on authorised drawings from the account. We hold that this applies to authorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimants claim the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s authorised overdraft interest rate that would be applied under the terms of the above mentioned account. Should the court find that this interest rate is not applicable, then in the alternative the Claimants claim interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from 3rd November 2003 to 7th September 2006, which is £XX.XX and continuing until payment or the date of judgement at a daily rate of £X.XX. I believe that the contents of these particulars of claim are true. Signed: Date:

You only use one rate of interest to claim contractual - the current rate. No wonder you have found it difficult. I agree, though, if you can't spare the time or effort to read up on it, then don't bother. But it can make a very big difference to the size of your claim, if it's claimed properly.

Use #5 or #16, and ignore the bank interest columns if you wish. From Mindzai's post:- version v1.9 of the spreadsheet. Changes include: Removed the monthly interest tab as it is redundant Fixed a bug where certain sort codes could be interpreted as dates Re-wrote certain formulas in order to provide compatibility with OpenOffice Calc Ive tested this with Excel 97, 2000, 2003 and 2007 and OpenOffice Calc 2.1. For anyone who is unsure, OpenOffice is an office suite that is essentially a set of clones of the MS Office applications such as Word, Escel, Access etc. The best part about it is, it is 100% free. Just download and install. This means you no longer need Excel to use this spreadsheet. Use #5 or #16, and ignore the bank interest columns if you wish. 'Fraid so - sorry.

You don't have to claim interest if you don't want to, but the sheet will automatically fill out the contractual or statutory interest anyway. You just need to punch in the annual rate. That looks right to me, Chez. FWIW, I'm only just learning about this, as I haven't claimed bank interest charged in my claims at all !! RedSonja - use #16 for credit cards.

The idea of a spreadsheet is that it works out the interest for you. If you enter in the charges and then work out the interest separately and enter it in, you are defeating the object of the spready. There's nothing else left for it to do. A bit like buying a car, but pushing it everywhere because you can't drive !! A spreadsheet is a program - not a large sheet of paper. It only becomes that when you finish it and print it. People go for either rate. I always suggest unauthorised, as they will probably haggle with you, anyway - and it won't be upwards !! I hope these links might be useful ro you:- Beginners' Steps:- EDIT: I regret this has been withdrawn due to lack of CAG support http://www.consumeractiongroup.co.uk/forum/post-475208.html Trouble finding stuff? Michael Browne's A-Z Guide:- http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html#post436526 Spready guide: http://www.consumeractiongroup.co.uk/forum/post-50088.html Just an announcement from Batty Bill here. Vampiress has announced that her Google Chambers will be closed for a while, as they are undergoing a "Re-Vamp" Mindzai's spreadsheet will not be affected by this, and should still be available. For those needing compound interest spreadies, this is available for download, along with Excel versions of Vamp's Recommended #5 and #16 spreadies here: EDIT: I regret this has been withdrawn due to lack of CAG support. http://www.cagmembers.go2.to/

They are developing some here, I'm sure.

LOL Destiny !! Enjoy the popularity !!

Much as I hate to disagree with a Mod - Vamp ain't scared of nobody !!!

It's one of my many, many grandchildren. A testament to the power of the humble banana !! I would personally suggest you send a revised LBA with your revised spready. Tell them that, since they have taken so long to respond, that you have taken the opportunity to seek further advice, and are now submitting a revised claim. That will make them feel stupid, and not you !!

It's on its' way, thanks to all your help, matey. Any chance of being able to get costs deflected by showing defendant's unreasonable behaviour ?

It's one of my many, many grandchildren, Doo. A testimony to the power of the humble banana !!

It's one of my many, many grandchildren, Pond. That's what bananas can do for you !!

Destiny - in case you're worried - I've been a bit busy with things today, but I will have that spready ready soon. There are a few problems with the interest charges columns to iron out, but there often are with these, so don't worry. I'll be back...... Oh - and I'll generate a statutory 8% one for you as well, so it's ready if you need it.