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crashbandicoot

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Everything posted by crashbandicoot

  1. Hi B1tor and welcome, The reason why interest can be confusing is that it is very complicated to work out the portion of interest that relates specifically to your charges. Whilst you have charges of £4881.00, the £543.15 of interest will not relate completely to those charges, it will also relate to the standard use of the account. How would you differentiate between the two? This is why there are a number of spreadsheets available to help with this. Some people do not claim the interest portion of the charges because it is so complicated, and simply charge 8% interest at court stage. It is entirely up to you how you work it. You can use the simple spreadsheet in the library to claim your charges, which will calculate 8% interest for you which you add at court stage. Or you can try using the advance spreadsheet which will work out what interest you probably paid on each charge. Have a play with the two and go with the one that makes most sense to you. I hope that helps in some way
  2. Hi Fasted, Why would they place a default on your account? Do they have any reason to? Placing a default on your account simply because you're reclaiming bank charges is an extremely dangerous retaliation game for them to play. Unless they have any genuine reason to place a default on your account, they are unlikely to. As a general rule though, a late payment default for example wouldn't have a real adverse affect on your credit report than several missed payments of something.
  3. Lol DX, thanks for this...they've obviously got plenty to spare...
  4. Nice one Martin, although they won't pay much attention to be honest. Barclays aren't calling to discuss settlements until a couple of weeks before the hearing date...as per their own words to me on a number of times when I called them. Having said that, they still settled in full...and paid me two days before my hearing date! Keep on going, you'll get your money eventually
  5. Olly, the defence sounds pretty bog-standard to me. As for the name error, I wouldn't worry about it too much. They know who you are and what the account is from the previous correspondence you've had with them. When it gets to the hearing date/sending your bundle it, you can send them a corrected/up-to-date schedule of charges.
  6. Sue, it sounds like they want witness statements etc before they issue a hearing date. It could be that yours is being dealt in this way, because the judge may have a number of similar cases that he/she wants to 'block-book' together on a hearing, thus the differing instructions. Why don't you call the court in question and ask for clarification? They are normally very good and will let you know what is happening, to put your mind at ease.
  7. Joseph it's a bit late in the day to make an amendment to your claim. I would personally leave it...Barclays may pick it up in which case when they discuss settlement with you, they can deduct the difference. Otherwise I wouldn't rock the boat if I were you...if you're lucky, they may not notice and will pay you lot anyway.
  8. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html Here's the link
  9. NZS, why don't you just start by sending them an S.A.R. Once you get your statements you can see what the charges situation is like, and then decide from there. And besides, if they do threaten to close your account, you can inform all the official governing bods of their retaliation and tell on them!
  10. Hi NZS, I'm not in your situation specifically as I don't have a student account, but there is always the risk that the bank might retaliate and close your account, which is why opening a parachute account is recommended as a back up. Having said that, I've just won £2450.45 off them and mine was a complicated claim, yet they haven't closed my account. You have to weigh the pros and cons yourself. Irrespective of what type of account you have, your penalty charges are reclaimable. If it's encouragement that you're looking for then I personally would say GO FOR IT! Just be wary though, that a back up is always handy, should you ever need to switch accounts...let's hope it doesn't come to that though
  11. Yes, but hey, you're back in the game now, and that's what matters
  12. OMG, wonder what happened to that! Well good luck on your ventures with this one, hope you get your statements sooner rather than later this time
  13. That is superb M&L, I am so pleased for you! I am hoping for a similar outcome with costs from Barclays, so we'll see what happens. Well done once again
  14. Money is in the account, survey done, donation on its way...thank you very much!
  15. Mario as Mum said, you can add those charges to your existing claim for a non-refundable fee of £35 payable to the court for amending your claim...or you can start a new claim after this one is over
  16. Sand, I am really pleased for you...it's time to treat yourself...I'll have a large New York-style cheesecake please
  17. Mario, as I said before, it just means that since they've entered a defence, your judgment request cannot be applied now. So you just proceed as normal (as if you never needed judgment) by sending the AQ back. It's not over yet by any means, you're still in there
  18. Thanks for all your congrats, it is a wonderful feeling to beat the banks. Thanks to all of you who have helped me in every possible way to make this happen, especially you Hags, and my chat-room buddies Anyway, update, as promised: He called me at about 3.45, always as 'Unknown' caller, so I said 'Hello Anthony' He laughed at the fact that I know who he is, given that he's called me so many times! He said he'd discussed further with his supers and further to the £791 he was willing to make an 'ex-gratia' payment of £400 odd and a further ex-gratia payment of £400 to make up half the contractual interest. I was very annoyed by this point and said 'so you're still not offering the full amount?' He sounded embarassed when he said no. They I said 'Anthony, no disrespect to you as I understand you're relaying info, but you are WASTING MY TIME! I have told you from day one what I am claiming. I've not sprung anything on you (apart from the lit. costs, and even then you knew I'd claim them), you've known all along what my claim is. Now, five days to go you are STILL offering me partial payments when I've made it quite clear I want the full amount, or I will see you in court!' I said more, but can't quite remember....that was it though...that's when he folded. He then said 'Ok, ok, if and IF we were to settle in full (excluding the lit costs which you can't get) it would be a commercial decision with two conditions...1) that your husband can't get the same outcome in his claim...to which I said that has nothing to do with my claim at the moment' and 2) You'll have to sign the confidentiality clause because we don't want you telling everyone we've agreed to pay you 26.4% contractual interest (INTERESTING POINT HERE EVERYONE, PUN UNINTENDED)' I laughed and said 'My claim, my conditions. If you want my confidentiality you're gonna have to pay me more. I'm not going to give you it for free!!' PMSL! So he said 'fine, let me get back to you in 15 mins. What's your fax number?' He called after about 20 mins with the full figure except £15.80 of misc. postage costs in my POC. He said there was absolutely absolutely no way they would pay that. Again, I laughed and said FINE, don't, I'll just add it to my lit. costs letter and get the judge to consider them. He quickly added that figure back in too making the full settlement of £2450.52 (or something)...money will be in the account on Monday. Signed and faxed back crossing out the confidentiality bit...then took a big swig of Lemonade... BUT not before sending him and the courts a letter to request the lit. costs of £447, (thanks for your fantabulous template letter GaryH!)considering they've settled five days before the hearing. Almost over, but this will be the cherry on the cake if I get it Now I need a lie down!
  19. Well everyone after much deliberation they've SETTLED IN FULL!!! Will post full details when I land back on earth!
  20. Yes Lizzy, my thoughts exactly. However, if he calls back today with another paltry partial offer, I will tell him not to bother calling me again unless he has the full amount ready to put into my account..otherwise I'll see him on Wednesday...
  21. pta, a couple of things - They seem to have done all the work for you which is good...but how much do you trust them? You said you have some statements on you. It might be worth matching up the charges on there to the charges on the list that Halifax has sent you...to make sure they tally. I would send off a prelim with the total figure PLUS a copy of the two sheets they have sent you, so that they can see the breakdown of dates/charges. No need to use an excel spreadsheet if you already have a breakdown, although you may need to use the spreadsheets at court stage to work out your 8% interest
  22. Right he called me again today. Waffled for ages, again, mainly repeating what he told me before...can't pay you this, can't pay you that, you'll lose in court blah blah. Then he offered me £791, saying he wouldn't pay any contractual interest or litigation costs. He's agreed to paying pre-6yrs though. I said 'you've already paid me contractual interest on another claim', he responded by saying 'that was based on a purely commercial decision'. Pffft! Again I listened some more, patiently and said we can discuss legalities in court. I said I'd accept this offer as partial payment of the outstanding total and will pursue the rest in court. Once again, I said I'm looking for the full amount, (now £2902.06). I intend to be there on the 21st of Feb, and have sent my court bundle in. Where is yours? Since you haven't sent it, I have no idea what to make of your intentions although it pretty much looks like you intend to settle beforehand. He said 'hmmmm, well I am trying hard and my best to work this out, and would like to be reasonable. I will go back to my supers and discuss this with them'. I thanked him for letting me know his position, and made my position clear too, that I want the full amount. He told me he'll be in touch tomorrow. I can see this will go backwards and forwards right to the line.....
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