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nettyg

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Everything posted by nettyg

  1. nettyg

    Noddy vs HSBC

    at this point there is no need to include the draft order for allocation questionnaires. just file your n1 with the court and attach a copy of your breakdown of charges - that's all.
  2. nettyg

    CC v HSBC

    oh yeah, i'll have a look later because i seem to remember the need for a new hat in blackpool lol. yes those were the days - everything was so simple and straightforward (didn't seem like it at the time tho lol)!!
  3. nettyg

    CC v HSBC

    i've been here all the time cheeky chops - just observing though as a lot of new things go clear over my head these days!!!
  4. nettyg

    CC v HSBC

    everything crossed for you cbrundle - good luck
  5. birmingham district court too - boy am i glad i got my 6.5k back a couple of months ago before they started with all this dispensing of the aq etc!! i've been reading the lloyds forum - lats, you think this one's on meltdown - i think that one's on fire!!! about 300 peeps viewing!!
  6. dg won't make an offer without the schedule of charges so get one sent pronto. you'll be dealing with them solely now (unless the court advise otherwise). if dg are asking for a copy - then see it as they're looking at your case!!
  7. hi gem you may want to look through the link below and then see what you think's best after. Contractual Interest From Gary H A quick note of caution to anyone intending to claim contractual interest. Firstly, keep it reasonable - it has to be seen as that in the eyes of the court. Claiming five times in interest what the amount is in charges certainly won't endear you to the court, and in fact could well be seen as undue enrichment which would make you nearly as bad as the banks. If need be, claim the lower contractual rate if the unauthorised rate gives a ridiculously high amount. Also, please understand the issues behind claiming the contractual rate. Its important to remember that there is no express term or provision that entitles you to it as such, as there is with the 8% statutory rate. You are arguing an implied principle, that the banks term of contract relating to interest should be reciprocal. You are perfectly entitled to claim it, whether you get it or not would ultimately be for a judge to decide. Obviously it's not likely to get that far, the banks on the evidence so far would rather pay the contractual rate than defend the claim (ie justify their charges!) in court. Which brings me to the next point.... IMHO accepting part-settlements is not a good idea. Halifax have recently been offering to settle the charges part plus their own estimate of the stat rate, whilst denying the contractual rate applies (obviously that’s not for them to decide!). If you accept the offer it lets them off the hook of having to defend the charges part of the claim. If you then tried to pursue just the contractual interest they would almost certainly try to get it struck out. IMO you need to present them with a stark choice - pay the full amount of the claim or see you in court! From Karnevil The contractual rate is not proven in court, some people have managed to negotiate it prior to court and many others (more) have accepted the 8% or pushed the contractual into the court room to a not great reception and gone on to stick with the 8%. We have to take into account the pre-action protocols and note that the judge will take these into account when dealing with costs - and yes even in small claims. Contractual interest can be requested in letters and taken to the court steps, but if an offer for the full amount, s.69 and costs is given prior to the hearing you should take it - unless you have worked out a very good argument for it. It is not a right. With standard interest, not applicable till court at all, if you receive an offer to refund ALL your charges before taking court action you must accept it. The important thing is to research the issues and understand the arguments and also the potential risks. If you’re confident, then go for it, if you’re not, then don't. From Lucid But I stand by my opinions on the matter in that anybody who doesn't understand contractual interest and who can't put their arguments forward regarding it, should not consider adding it to their claims. I believe that if you are confident enough to bring a thoroughly researched case together then the Judge would look upon you favourably - no matter what their opinion on contractual interest is, and even if it got to court and the Judge was against contractual interest, I don't think it would go as far as getting your claim struck out. But if you turn up to court and don't have a case prepared and you have basically added contractual interest because you thought it was an easy way to increase you claim amount then I don't think the Judge would appreciate this at all and they would probably be more inclined to take a harsh approach - and possibly award costs against you. That's the way I see it anyway, but obviously I could be completely wrong as I'm very far from being an expert.
  8. woudn't hurt to try - but spell 'claimant' correctly before you post it off;)
  9. nettyg

    Lilnz Vs HSBC

    i'd say it would depend on your financial circumstances or patience as they always pay out the full amount eventually. the bank offers are usually well behind your schedule of things, meaning you have usually filed your claim with the courts anyway and they offer based, on earlier correspondence.
  10. congratulations linziloo, well done!
  11. sharongina it will be easier for us to help you if you stick to one thread. a simple list is fine at the moment but the spreadsheet will be more helpful by the time you file your claim with the courts. not only that, it works out the interest automatically for you.
  12. your well on track. just patience, determination and an understanding of the process will be all you need, but peeps here all the time to answer any questions you may have. good luck with your claim
  13. hi shazz welcome to the forum. you will need a schedule of charges (as described above) when it comes to file your claim. they will need to see a breakdown of how you arrive at the total figure. i'm sending a link below to help you with a spreadsheet that will add the 8% interest automatically. 6. Interest calculation spreadsheets good luck with your claim
  14. hi tokyo joe i'm not sure how you'd make a claim through the british courts if you are a non-resident.
  15. i see it this way.....!! this is money that you thought you'd never set eyes on again SO, stick it out and go for the lot. It's yours and you should hang on in there and get it back. £1000 is a lot of money!!!
  16. CONGRATS WHATAWOMAN!!! ENDURANCE/PATIENCE PAID OFF IN THE END. WELL DONE - SPEND WISELY!
  17. strange isn't it skint... that they hold all this info on a screen about you, but when you ask for any statements beyond 6 years - they're struck dumb!!!! thanks for the pm!! very interesting
  18. good for you jailbird - it's good to know that you can kick them right back!!
  19. nettyg

    Confused

    i've seen a lot of threads saying their claims have been transferred to mercantile court. i think it's time to send dg their nudging letters and try and get an offer from them.
  20. they'll probably not have to time to 'spellcheck' anyway lol
  21. hi nikon welcome to the forum. £75 is £75 so whether it be a small claim or not it's still yours! only thing is, the claiming process is not a quick one and you may be hanging on to get it back for months. don't want to put a downer on it but that's how it is at the moment. have you tried asking them for it back nicely? sometimes they refund them that way. otherwise if you have to file a claim to get it back you'll have to be patient. Step-By-Step Instructions
  22. very good letter nikki, just one thing... the word confident not confidant ok?
  23. ring blackpool court and find out the date - then give dg a little nudge to see when you can expect payment!!
  24. reject their offer on the grounds that you have already filed your claim and incurred further costs. therefore you require xxx amount for your claim, plus court fees incurred of xxxx and interest of xxxx. put your own figures in that you will accept.
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