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Everything posted by Shelty

  1. Not sure if this helps much DM, but I went through the bank charges reclaim process for my current a/c, a closed business a/c & a number of credit cards, and they all paid out + interest. That was over a period of 6 months I suppose, but that allowed a huge chunk of my debt to be repaid, and all of a sudden life was easier. Good luck to you !
  2. Already won my claims vs NW for bank charges, cc's & settled on a ERC, so here goes the latest round. Initial request for refund going back to 1993 sent to Stuart Higley on 19/5, responded today saying that "we will be in a position to respond within 6-7 weeks" !! Charges equate to £599, but this time I'm going for compound interest @17.5% on the basis of reciprocity. That means the interest amounts to £3751 and counting. All advice welcome !
  3. Hi Matheos, this is great reading! I've just found some old statements totalling a few hundred, dating back to '95, and am considering going for compound interest aswell. What do you think ? So far NW have coughed up for my current a/c, business a/c, cc's, & even a settlement on mortgage redemption fee, so about time they paid some of the old stuff aswell. How did you start ? Was it a standard initial & then LBA approach or did you mention the statute of limitations when you wrote ? Cheers, Shelty.
  4. Hi all, mine was a partnership, not a ltd company.....but surely the principal's the same ?
  5. Hi Andrew, we had a small business, which we sold 4 years ago. We paid everyone, including the small business loan back, so the only people that lost out were us! In the same way as my personal a/c's got there refunds of charges, NW made offers during the course of the process, and during one of my "thanks but no thanks" letters I highlighted that it was a closed ac I was claiming for and any refund should be payable to me & not the business a/c, and suggested that NW might like to check their records to clarify that this was a closed a/c!! (I also sent a copy of that letter to the court for their records). So, when the wrong cheque arrived, I sent it straight back & they didn't argue, in fact the interest kept mounting for another 10 days until the correct cheque arrived. There's nothing to different in the whole process from personal to c/a's, apart from POC when you get to MCOL as it's not consumer law, but I would suggest that if any settlement is to be made out to a different name than the business a/c was, then you should tell them in advance. Good luck !
  6. Last week they made an offer of everything except the o/d interest on the grounds that "there is no legal basis of your claim for this", however, they did not offer to repay the AQ fee, so I've written back saying if they agree to add the extra £100 on to cover this cost, then we have a deal. No response this week.
  7. cheque recieved & banked all ok .....Another Shelty Win !!
  8. I suggest you send them a letter back (yopu'll find one in the templates library) detailing the value of the charges, your court costs & the interest thus far, & telling them you'll accept their offer as part settlement. While they continue not to pay up in full, your interest increases, so keep going with it. No need to tell the court, just keep copies of everything you've sent to them, just in case.
  9. claim was for £3.5k. I would have liked to have gone through the process (obviously!!) but in light of all the current advice, I thought I'd take whatever I could. Still....that paid for the dinner with friends last night!!!!
  10. MCOL issued .....claim ref 7QZ23707
  11. court date 21/3/07, with one hour allowed for small claim hearing. Should I submit my bundle, or should I expect them to pay up now a date is set ?
  12. Hi Skint, Haven't got a clue on the £4's I'm afraid, I just went through the statements with a highlighter & marked all charges for bounced dd's etc.
  13. Hi Innocent & thanks for the Congrtats ! As for Cobblers....no idea if they're understanding yet, but the if they delay too long in the replacement cheque I'm sure the Court would love to know about it !! As for your question, I suggest that you put in writing to them, well in advance, that any payout is to be made payable to you and not to the company as it's a closed a/c etc etc. Tell them to cheque (excuse the pun !!!) their records on recent transactions etc as proof that it's a closed a/c. I did that & they ignored it, but if you don't tell them in advance and then have to go back to them you've got nothing to cover yourself with at a later date when they (potentially) ignore the info'. Good luck !
  14. My offer letter has been passed to their Business Unit for consideration, with a response in due course. Then they admit that their "costs will be substantially less than stated in the AQ which are based on the possibility that the case would be allocated to Fast Track and may proceed to full trial". Surely whatever they do to defend the case will involve the same amount of work ?! So why are the costs going to be "substantially less" ?
  15. 2nd offer of £1995 recieved, & letter sent back as partial acceptance. Letter from HSBC Solicitors (D&G) wanting details of the claim, so that's sent off, & a copy of the defence recieved. AQ recieved & sent off.
  16. Cheque recieved this morning in full settlement So, off I go to my local Nat West to pay it in, and the branch refuses to accept it !! :-x It was made out to "Shelty t/a ABC a/c no' xyz". Only problem is, I no longer trade as ABC ,and a/c xyz is a closed a/c, so they wouldn't take it !! I'd told Cobbetts this a month ago, and yet they ignored or overlooked the info', so I've faxed them telling them what's happened, and they need to get another cheque raised pronto. Original cheque to be sent back to them (recorded delivery of course!!), along with a copy of the fax, and the letter which had told them it was a closed a/c.
  17. Hi Fed Up, just to give you courage on this one.....I got my cheque for an old business a/c from Nat West this morning ! Good Luck, Shelty.
  18. Can anyone help with the few questions I've raised please ?
  19. letter from Court allocated to small claims, estimated time allocated 30 mins, date to be set. Actions; 1. Claimant has till 23rd Feb to file & serve detailed POC setting out itemised form of all charges in respect of which he claims and the basis of such claim. what else apart from the list should I send ? eg do they want copies of the bank statements ? or is this where I need info on the law? 2. Defence has till 9th March to detail a defence setting out in itemised form all charges which they dispute or claim are validly levied 3. Parties must notify the Court if there are issues of law or fact which may effect the track or time estimate for the hearing. Any such issues must be clearly and fully defined. 4. Each party must deliver to the other party and to the Court offices copies of all documents on which he intends to rely on in Court 5. Must be delivered no later than 14 days in advance 6. Original documents to be bought to the hearing 7. Signed statements setting out evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documnets in para 4. This includes the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to the Court to give evidence. 8. Court must be informed immediately if the case is settled. So here are my questions for anyone who's been this far; 1.what else should I send in order to answer point 1? Should this include copies of all the letters? Or does it need to refer to copies of my POC, and any relevant laws? 2. Is 4 the same as 1? 3. If Cobbetts are going to tyr & get the case thrown out as they claim they didn't get my letters, can I appeal, OR do you think they'll settle now it's been allocated to small claims? Many thanks, Shelty.
  20. still no date for the hearing...will have to call Court again
  21. Zoot, how about this ......? Dear BOI, Further to our recent correspondance, I am in receipt of your AQ, and I would highlight that a continuance of this case, with all the associated costs involved is in neither parties interest,especially now that it has been allocated to the Small Claims track. I would therefore like to propose that I am prepared to withdraw my claim in return for a 50% repayment of the ERC that I was charged,and waive the interest & my costs thus far. As you will know from your own figures,this would make a significant saving over any payout in the event that you were to lose in Court, and it is also a smaller amount than the cost of your legal fees in the event that the case reaches court, even if you should win the case. The give them 7 days ? What do you think ??
  22. Thanks Zoot, they put their costs estimate on their AQ when they were asking for fast track. Now it's been allocated to small claims by the judge what do you think that their response might be ?
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