i think its the sale of goods act and will google tomorrow when im not tired and headachey, but figured id ask opinions here too since you all are so knowledgeable and helpful. my friend bought a winter coat in april and being as it wasnt winter anymore didnt start to wear it until the last couple of weeks. every time she wears it dye for inside is coming of onto her clothes. she took it back to the shop today, with a top covered in dye to prrove her claim and the shop refused to replace the coat as it is now being sold for a dearer price. they said she could have the value she paid in vouchers to spend in the shop, but not a refund. am i right in thinking they are wrong to refuse to replace or refund?

thanks bill, i think its compound i want though, its to put in my poc of how much interest per day to be added on from date of claim.

can someone please tell em how i work out the daily interest rate on 18.69% instead of 8%? (and if anyone has time and would care to check my poc for me before i print and send i would appreciate it too, theyre currently copied in my thread (cat vs natwest) in the natwets forum,)

i sent my lba earlier following that response from them, i figured that it wouldnt matter as i had had a reply to my first letter. but im new to this and no expert, hopefully someone else will come along wiht a better answer

anyone care to tell me how i work out the daily rate of interest at my rate rather than the 8% please?

ok im getting ready to file in the next few days, below are what i am planning as my particualrs of claim. would someone please check them over and confirm for me that i havent missed anything and i have ot things sounding right, thanks to mindzai and lucid for the changes to the tmeplate posted in their thread. I left out the court costs claim as i believe i am entitled to not pay them, and i struggled too much to use the advanced spreadsheet so am not claimin ginterest the bank charged, only the interest at their authorised borrowing rate on the charges they took, i think thats what the simple spreadsheet worked out for me :S red are bits i need to find the exact info out before i actually move this to the claim sheet and print it. Thanks in advance for any help and reasuring kicks/encouragement to go ahead and file it, im nervous now. IN THE xx COUNTY COURT BETWEEN my name and address And national westminster bank plc 135 bishopsgate london ec2m 3ur PARTICULARS OF CLAIM 1. The Claimant has an account No. xxxxxxx with the Defendant which was opened on or around 1st March 2000. 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 Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account 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 Claimant; 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. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £xxxx.xx b) court costs c) the Claimant claims contractual interest at a rate of 18.86%, from the date of each transaction to date filed, which is £xxxx.xx, as set out in the attached list of charges. The Claimants further claims interest, on the resulting total of £xxxx.xx, at the same rate up to the date of judgement or earlier payment, at a daily rate of £1.96 per day. The account’s Terms and Conditions specify the interest payable on authorised drawings from the account. The Claimants hold that this applies to authorised drawings by the Defendant as well as to authorised drawings by the Claimants. 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 Claimant claims interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from 8th september 2000 (date of first charge, is this correct?) to the 27th october 2006 (i intend to file tomorrow), which is £xxx.xx and continuing until payment or the date of judgement at a daily rate of £0.67. I believe that the contents of these particulars of claim are true. Signed: Date:25/10/06

vampiress thank you for the guides and all the work you ahve put into the spreadsheets.

i sent a postal order signed for delivery so they couldnt claim it got lost in the post,and couldnt wait to cash the cheque when they knew i didnt have money in my account to cover it and thus say they didnt recieve payment or add more charges

you could continue with this one for charges from april only and request your statements and begin a new action for charges upto april this year.....or you can start over, request statements and send prelim and lba for all charges at once, whihc might proove less complicated than trying to remember which charges you already are claiming for.

the 8p per day (i think someone correct me if i am wrong please) is th einterest rate form the day you submit your claim to the day they pay out. so if you submit your claim today and they pay out next thurs that is 7 days so 7x8p has to eb added to the money they pay.

thanks Vampiress, I think iIam finally begin to understand the either or thing, I was forgetting that we claim for a daily rate each day after the claim is filed and thinking we stopped it on the date claim was filed. I think im using the spreasheet no.2, I changed the interest amount in it from 18.2 to 18.86% to come up with a figure for an E.A.R. of 18.96% However I think I may have to start again as I deleted extra rows and columns and now changing the date makes no diference to the claim ammount (which cant be right). as a slight aside, am I right in thinking that the compounded part is the interest charged daily that increases as the interest is added to the initial charge, simple is a basic calculation that doesnt charge interest on the charge+interest but only on the basic charge, and contractual is simply the interest rate at which the bank charge us hence the mutuality and reciprocity? (I failed to understand interest types and calculations in maths at school too lol)

using the basic spreadsheet, i replaced the figure int he interest box with 18.69%, natwests current authorised overdraft interest rate. was this the right way to calculate the different ammount of interest? also has the spreadsheet automaticaly compunded and acrued the interest for me? or do i need to start all over again? as i am claiming the interest with my charges can i also claim the 8% on top of that now i am gettin ready to file my claim in court or am i missing something? if the 8% is the value that is added because of having to go through court then should it not be added onto the original (including interest at 18.69%) claim? (and sorry if im being annoying or asking dumb questions, i have read so much stuff that i cant make sense of anything anymore and id rather ask than mess it up alltogether)

thanks deller1 i will check them out, ive read so much stuff on here that i cant remember what i have already read and what i havent . good luck with your claim

well a very very prompt reply to my LBA, tellingme ther eis nothing further to be said on their part and they have notified their solicitors of my intention to begin court proceedings. time to reread the F.A.Q. and litigation sections here again Anyone have any sugestions for what else i should read before i start filling in the claim form to take to court? Or any other advice?

ok lba wiht schedule of charges going recorded delivery tomorrow. then the real fun begins i guess.

ahh i see thank you not the one i was thinking of at all. now i wont make a fool of myself by going to the wrong place

ohh thanks lively lad thats one question answered.

Unarranged borrowingProductRateCurrent, Current Plus, Private Bank account and Advantage Gold2.19% a month (EAR 29.69%) variable Overdraft rates Overdraft amountPrevious EAR Previous nominal Previous monthly nominal Current EAR variable Current nominal Current monthly nominal Under £1,000 17.69%16.40%1.3618.86%17.40%1.45£1,000-£4,99916.79%15.62%1.3017.95%16.62%1.38 ok i dont understand these rates at all, up until august this year my agreed overdraft was at £900 so that means they were charging me 18.86%? now it is £1150 i think = 17.95% at some point between jan 02 and now theyre rates increased, bu they stopped telling me on my statements how much my overdraft limit was and how much apr they charged on borrowing so i have no way to find out when. from june 2001 their rate was 16.5% and prior to that it was 9%. can i use their current rate to calculate interest on all my charges? *sigh* can a tell that interest calculatons are beyond my brainpower atm. also re the advanced spreadsheet, is there a tutorial anywhere that tells me what to put in the colums? im not understanding how things are worked out form the singel example, i ended up wiht a rediculous figure. i have balances for the times when all charges were applied, but not details of what dates exactly interest was applied. i know i will play more later on but if anyone can point me to a guide that would be great

ok what date should i use as claim date on my spreadsheet? todays/toorrows whichever i get the lba ready to go on, or the date my first letter was sent? do i cahnge the date as i go along? so if/when i file the claim in court i charge interest to that date? should i add into the lba that since my first letter requesting a refundi have dicovered i can charge interest iont he fees charged and as they have refused the refund i have now calculated them and added them to my claim? and can anyone word that sensibly for me? sorry seems i have had tonnes of questions tonight and thanks in advance.

*sigh* ok way to complicated to work out the advanced interest as they stopped telling interest rates and ammount of overdraft allowed on my statements back in 03 or 04. and i dont know what some of the columns mean. *gives up and goes bed*

nm worked that one out

thanks guys for helping right, i have just inputted all 79 charges onto that spreadsheet (except i used the basic not the advnced or i think i did). still have to add them up then add the interest to it to get the total claim ammount? back when the first charge was applied the bank had a 9% interest, it changed over time, at one point was 16.5% and who know what it is now lol do i need to change the interest rate to apply their different rates or do i stick with the 18.2% the spreadsheet is set to calculate?

well i guess it would be way to complicated to work out which interest charges were due to unauthorised borrowing due to them refusing d/ds and which are due to overdraft interest anyway. i can claim overdraft interest on each charge though?

ok some questions... i went through my statements and pulled out all the charges, but ignored the interest charges. should i have also added the interest charges to the total? can i wait until court claim and then claim the contractual interest instea dof the 8% if i havent tried to claim either beforehand?

ok playing wiht spreadsheets now, i have found a few duplicated statement pages and therefor ewill have a couple of counted twice charges on my initial request for refund. does this matter? assuming it goes to court i will include wiht the claim form a schedule of charges. since i want to gte my lba off tomorrow i am not sending a schedule with it. (i have aprox 68 individual charges to type into it lol). also i did not include any interest charges in my initial request, i am saving that for court as well at this stage. am i correct in assuming i can add that onto the schedule of charges as well as the 8% interest? the more i read on here th emore confused i get.