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Mike12421

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  1. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. So if I keep my NatWest credit card for another 10 years (and not close it), will credit checks keep throwing up my late payments from 2002?
  3. I tried calling Equifax but I think I was too late. Will try again in the morning. As for the late payments, 3 years is better than 6, however my last late payment with Vodafone (which is now a closed account by me) was September 2004. As for the late payment on my NatWest account, that was a couple of months ago. I have looked over my credit file again, and it does show payments (good and bad) going back further than 3 years. Fingers crossed then, does this look like I only have to wait until September 2007 for the Vodafone markers to disappear? Thanks everyone.
  4. Just as a final thought, am I right in thinking that a "late payment" mark as described above, is the same as a "default" mark, and as such stays on your account for 6 years? Or am I just confused? Thanks again.
  5. Thanks, it looks like I'll just have to keep my nose clean from now on. Mike.
  6. Thank you all for the quick replies. They are genuine late payments....so there is nothing I can do? If people can have "defaults" removed, which are "8 late payments", then surly I can have my 1 or 2 late payments removed. Anything I need to do, I will do.
  7. Hello, I have been a visitor here for some time now, and with the help of everyone here I managed to claim back over £2k from HSBC...WOOHOO! I am trying my best to get my finances in order, and to be honest, I am doing quite well. HOWEVER, I have just obtained my Equifax record today and everything is great except for entries from NatWest and Vodafone. On my payment history under NatWest, they have notified Equifax of a number of "late payments or arrears". This is shown on my record as a "circled yellow 1", and on two occasions a "circled yellow 2". The majority however are "circled green 0". There is nothing listed in the "Default Date" box, nor any mention of any defaults, just simply late payments which have been paid in full on the various occasions over the years, as I still hold the account with them. Further down under Vodafone, well it actually says “Vodafone Ex Singlepoint / XXXXXXXXXX", I have a "circled yellow 1", a "circled yellow 2", a "circled red 3" and a "circled red 4", everything else is green. Again there is no mention of a default or anything outstanding, just simply these late payments, which have been paid in full. Now I will be the first to hold my hands up and say that I was not very good with my finances in the past, but I am trying to sort things out now, and I could really do with everyone’s help and advice, or do I really have to wait 6 YEARS for these things to disappear? I have read other threads about people successfully removing defaults that Vodafone have placed on their records, however I don't know if mine are actually "defaults" or not. Please, please, please help. Mike.
  8. Thank god for that, you have put my mind at rest. This is how my MCOL claim was made up; --------------------------------------------- PARTICULARS The claimant has an account 41564032 with the defendant since 27.02.1998 until the present date. Between 29.12.2000 and 18.06.2006 the defendant made various deductions from the account in respect of ?unauthorised overdraft fees? and ?returned payment? fees. If the defendant is able to establish that the contract between the claimant and the defendant did contain terms purporting to entitle the defendant to levy these charges, the claimant will contend that they are unenforceable at common law, being penalty clauses rather than being liquidated damages clauses. The claimant claims from the defendant a sum equivalent to the total amount unlawfully debited to the claimant?s account during the above mentioned period, being £2510.00p The claimant further claims interest pursuant to s69 of the County Courts Act 1984 at the rate of 8%pa, being the sum of £633.63 and interest at the same rate up to the date of judgment or earlier payment at adaily rate of 0.00022%. Plus the court fee. ---------------------------------------------- Amount claimed - £2510.00 Court Fee - £120.00 Solicitor’s costs - £0.00 Total amount - £2630.00 ---------------------------------------------- I was under the impression that I should have included the amount together, and so when Abbey offered me £1050.00, I sent them the following letter; ---------- ---------- ---------- ---------- ----- Ms Charlotte Thubron DLA Piper UK LLP Princess Exchange Princess Square Leeds LS1 4BY 28th September 2006 Response to settlement offer (ref. ----------------------------) Dear Ms Charlotte Thubron, Thank you for your letter dated 25th September 2006, offering a settlement of £1050.00. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, including interest pursuant to s69 of the County Courts Act 1984 at the rate of 8%pa and court costs totalling £3143.00. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with the County Court claim if necessary. Although there is a slight error on the claim form, it is clear from the particulars of the claim that the amount of £633.63 is due by way of interest and that I request this in addition. I am quite sure that if the matter went to a full hearing, that the judge would award interest to me. Whilst I am fully prepared to pursue this matter to fruition via the Courts, I do believe it is in all of our interests if we can bring this matter to a conclusion by negotiating a suitably acceptable resolution. I am prepared to accept settlement of this claim providing your client is prepared to pay 100% of the claim, plus interest and costs, and minus the “Gesture of Goodwill” made by your client to the sum of £615.00. Bringing the total amount to £2528.63. Please note that in respect of the charges that I am claiming against, the “Gesture of Goodwill” amounts to £615.00, and not £650.00 as stated by you. A full breakdown has already been provided to the court and DLA Piper. I trust this clarifies my position. Yours faithfully, Miss ---------- ---------- ------------------------------------------------------------------------ So am I still heading in the right direction. Do I just complete the AQ and get it back to the court asap, or do I have to amed the claim Thanks again everyone, hopefully a donation will be on its way soon!
  9. In the particulars of the claim I stated both the charges amount AND the interest amount, however in the TOTAL amount box on the right hand side of the page, I did not add the two. And so Abbey have received a claim from me, stating the total as the CHARGES Amount plus Court fee, however the only mention of the interest is in the particulars. I still want the interest aswell, however as I have not added it to the TOTAL amount on the claim, I feel as though I may lose it.
  10. Well I received through my AQ which states that I have 14 days to return. However I have been waiting a few days to see if DLA offer me the full amount including interest, as some of you might be aware, I included the interest in the particulars of the claim, but not the Total Amount...doh. So instead of paying £35 to amend the claim, I have been holding back. No I read that Abbey are in the process of changing solicitors, and that DLA are no longer dealing with any claims. My question is, is it still possible to amend my claim now that I am up to the AQ stage, and if so, any advice would be of great help, as I have looked at the forms needed and they are a nightmare. Thanks again, and hopefully I will have some money to donate to the site soon. Joanne.
  11. MondeoST24 what was the letter you sent to DG regarding the mistake on your claim re interest. I have just had an offer through from DG for the full amount plus court costs, however not the interest. I included the interest amount in the particulars, but did not add it to the total amount on the other side of the claim...DOH. I have come up with the following letter, what do you think? Thanks in advance. _________________________________________- *********** *********** *********** *********** ****** 22nd September 2006 Ms Julie Klye 12 Calthorpe Road Edgbaston Birmingham B15 1QZ Re: Account number ******** Response to settlement offer. Dear Ms Julie Kyle, Thank you for your letter dated 20th September 2006, offering a settlement of £2271. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, including interest pursuant to s69 of the County Courts Act 1984 at the rate of 8%pa and court costs totalling £2700.31p I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with the County Court claim if necessary. Although there is a slight error on the claim form, it is clear from the particulars of claim that the amount of £429.31 is due by way of interest and that I request this in addition. I am quite sure that if the matter went to a full hearing, that the judge would award interest to me. I trust this clarifies my position. Yours faithfully, Mr Michael ********* _________________________________________________________________
  12. What should I put for no.5? "Level of Judge?"
  13. Thank you, as I said this is all new to me, and so any advice will be a great help!!!
  14. Right, the N244 form, I have completed as follows; __________________________________________ 1)I ticked "Without A Hearing". 5)????? 6)HSBC PLC. PART A I Mike12421 the defendant intend to apply for an order (a draft of which is attached) that would allow me to alter my total amount claimed because I did not combine the interest amount of £429.31 which was outlined in the claim particulars together with the total amount claimed of £2271. PART B I ticked "Evidence in Part C in support of my application. PART C Please refer to the first page of my claim number xxxxx under the 'Particulars Of Claim' section. I correctly stated the amount of interest to be claimed under this section, however I did not combine this figure with the "Total Amount" claimed. I also provided the correct amount of interest to be claimed on the schedule of charges which was attached to the claim; claim number xxxxx. A copy of this schedule of charges is attached. _____________________________________________________________________ How does it look? I have ABSOLUTELY no idea what I have typed above. Any help would be much appreciated. Thank you again and again, Joanne.
  15. I think I will send the above letter, AND make an amendment. After speaking with MCOL direct I am confused, one person stated that I just completre an N1CPC form, and include £35. However a second person stated the same along with an N244 form. What do I do?
  16. Just a thought, but I am sure I read somewhere, that if they offer you the full amount, which they technically have, I have to accept it. Does that throw another spanner in the works?
  17. What do you think of this reply to DG Solicitors, please also note that when they sent me the letter, it has "WITHOUT PREJUDICE" at the top, what does this mean; _____________________________________________________________________ *********** *********** *********** *********** ****** 22nd September 2006 Ms Julie Klye 12 Calthorpe Road Edgbaston Birmingham B15 1QZ Re: Account number ******** Response to settlement offer. Dear Ms Julie Kyle, Thank you for your letter dated 20th September 2006, offering a settlement of £2271. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, including interest pursuant to s69 of the County Courts Act 1984 at the rate of 8%pa and court costs totalling £2700.31p I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with the County Court claim if necessary. Although there is a slight error on the claim form, it is clear from the particulars of claim that the amount of £429.31 is due by way of interest and that I request this in addition. I am quite sure that if the matter went to a full hearing, that the judge would award interest to me. I am in the process of amending my claim, and will be sure to inform the court of my attempts to resolve this matter without their aid. I trust this clarifies my position. Yours faithfully, Mr ***** *****
  18. Thanks Zoe, but do I have any sort of time restrictions in submitting an ameded claim (http://www.hmcourts-service.gov.uk/cms/files/n1cpc_webonly_0406(2).pdf), in case DG/HSBC don't want to play ball? Also, has anybody seen a possible template that I may use to write back to DG in respect of what Zoe has said? Thanks.
  19. Well I arrived home today, and found my first letter from DG Solicitors, offering me £2271. I'll be knocking it back of course; however I think I have messed up. My claim particulars are as follows; The claimant has an account {edited for your safety} with the defendant since 06.05.1994 until the present date. Between 25.05.2001 and 2.08.2006 the defendant made various deductions from the account in respect of unauthorised overdraft fees and returned payment fees. If the defendant is able to establish that the contract between the claimant and the defendant did contain terms purporting to entitle the defendant to levy these charges, the claimant will contend that they are unenforceable at common law, being penalty clauses rather than being liquidated damages clauses. The claimant claims from the defendant a sum equivalent to the total amount unlawfully debited to the claimant?s account during the above mentioned period, being £2151.00p The claimant further claims interest pursuant to s69 of the County Courts Act 1984 at the rate of 8%pa, being the sum of £429.31 and interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.00022%.Plus the court fee. Amount claimed - £2151.00 Court fee - £120. Total amount - £2271 When I made the claim I did not think I had to add both the amount of charges (£2151) and the interest amount (£429.31) together. I called MCOL, just, and explained, and I was told that I will have to amend the claim (£35), is this right, and what should I do with DG Solicitors? Send them a letter accepting the payment as a partial payment, and ask for the interest? I was told by MCOL that there is now a 4 week backlog with claim amendments. I'm really stuck HELP!
  20. Thanks again, re; "i don't suppose that DLA will let you get away with compounding the interest even if that's what you put on the claim form." What do you mean, I submitted my claim with the below particulars; "The claimant has an account ******** with the defendant since **.**.**** until the present date. Between 29.12.2000 and 18.06.2006 the defendant made various deductions from the account in respect of “unauthorised overdraft fees” and “returned payment” fees. If the defendant is able to establish that the contract between the claimant and the defendant did contain terms purporting to entitle the defendant to levy these charges, the claimant will contend that they are unenforceable at common law, being penalty clauses rather than being liquidated damages clauses. The claimant claims from the defendant a sum equivalent to the total amount unlawfully debited to the claimant’s account during the above mentioned period, being £2510.00p The claimant further claims interest pursuant to s69 of the County Courts Act 1984 at the rate of 8%pa, being the sum of £633.63 and interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.00022%. Plus the court fee." Thanks again, it's getting to that stage now where I have not go a clue.
  21. Thanks Glenn. What do you think about the miscalculation?
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