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Everything posted by stuflo

  1. Hi Emma, sorry for the delay in replying. I was about to post second letter to Black Horse - when I received a letter from them. I had initially requested they refund back the £2,000.00 charges - (I couldn't work out whether theses were charges or not) - it was the right thing to do as they responded pretty quickly with a full breakdown and an offer of settlement. They listed all the charges takes - the £2,000.00 was interest - they offered me charges plus interest - they said I would get a cheque in the post. Two days later cheque arrived. £281.00. Am very pleased with the result. Hope your claim is just as easy.
  2. Hi emmaPhoned Black Horse as they did not reply to my faxed letter. The £2,000.00 charges was interest - they have charged me one £42.00 late fee and the others £25.00? (don't know why they are different). Have claimed on 4 agreements with them - £25.00 late fees and £75.00 collect activity fee. Each statement had the original signed agreements with them and the interest charged on each one was different, ranging from 10.08% to 12.%. Have therefore put the interest at what they charged on each agreement. Am sending them off today to see what happens.
  3. Hi EmmaI cannot work out what they have charged me for late payments etc - at the end of the agreement they say "charges" and a total of over £2,000.00 - On one agreement I have 8 DD charges, and I also have about 3 agreements with them also. I have faxed them yesterday for a breakdown of the charges, dates and amounts charged etc. The interest is on my agreement and I will check and let you know what I am claiming. I am going to wait for the breakdown and then submit my claim. I will let you know if I hear in the meantime from them - the statements are so confusing - not much help at all!
  4. Can anyone help - I have received my statements from Black Horse - had 4 past agreements with them - they do not list their charges as such - one statement says charge for late payment fee £42.00, another lists DDR lack of funds c - but no charge listed - there are 8 listed in total - on the next page there is a collect activity fee of £75.00 - and then charges of over £2,000.00 - don't therefore know how much I have been charged. Can anyone tell me what they have put down for a returned DD fee please
  5. Hi Kimmy01 The fax number I used is is 01452 638359 - I have an e-mail address also for Krysta campbell -Legal & Disputes - [email protected]
  6. Fax sent yesterday - telephone call received offering full amount and moey towards my time for prep of my bundle etc - asked for this in writing - fax received same day offering sum in full and final settlement - have told them I will write to Court once money hits my account.
  7. Thanks for the advice - I have put a letter in writing to Adrian Ruffhead of the litigation department - I would rather have something in writing - have told him in the letter that I would place this before the District Judge at the hearing if no reply is received - I have a Directions Order dated 27th November stating each party to deliver to the other all documents they intend to rely on at the hearing no later than two weeks before the hearing date - they have't done so, I have. I have given them my mobile to contact me, but I want something in writing if they want to settle - IIf they do then say they want to settle before Court I will then ask for the money to be transferred to my bank account - (they did this when they offered me a part payment so this shouldn't be a problem) and when that is done and I have received the funds I will fax the Court with a copy of their letter telling them it has now settled. By the way I am also claiming time for preparation of my bundle and photocopying and postage on top of the amount I am already claiming. I suggest if any one has got as far as me they should do the same.
  8. I am due at Court with Barclaycard on 5th March - have not received anything from Barclaycard yet - sent my bundle off weeks ago - have not received anything from them. Any advice on what I should do? Do I write to them to chase them up?
  9. I received statements this morning for one account (have had 3 accounts in total) even though I requested all three in my S.A.R request. Statements are totally confusing. I paid this account off some months ago - it listed 6 failed DD payments, but no mention of what was charged - at the end of the statement it says Collect activity fee of £72.00 and then underneath Charges of over £2,000.00. Does anyone know what this charge of over £2,000.00 could be - or will I have to write to them again for a breakdown - I requested these statement on 3/1/07 and they have only just sent one lot today. Can anyone advise please?:idea:
  10. Any news with your claim to Barclays yet? I ask because I am at Court on 5th March with them. I have submitted my bundle already - about 2 weeks ago and am still waiting to see if they respond with an offer before Court.
  11. My wife after checking one of her statements noticednoticed she had been charged for PPI - she sent her SAR to Egg and got the usual letter regarding ID etc. She filled in the form and requested proof that she had requested the PPI as she was told she had agreed to this in a telephone call and they gave the specific date. They wrote back with the statements ssaying they could not provide the evidence of this. She then sent off her preliminary letter with a claim for the PPI. She received a letter back stating they would not refund this. She then telephoned them and was told they would sent out the proof. She then received a letter saying they couldn't produce this. She is now wondering wheteher to issue her MCOL for the PPI and default charges. She has sent all the relevants letters etc. Does she have a case?
  12. Hi Just wondered what the present position is with you and endeavour - am at the same point - just about to go to MCOL. I have had letters from their solicitors stating they will defend the claim - my claim is for ERC.
  13. Hi Just wondering if you got anywhere with Endeavour?
  14. HI I too am putting in a claim to Clydesdale Financial Services - got my statements and found that they have charged me £22.50 arerars letter charge - total of £280.14 - rang them and asked what interest I was charged on the account - it was 29.9% - so I am claiming contractual interest on the sum of £196.07 making a total of £476.21. Letter going off today. Will keep you informed of my progress.
  15. Wife sent not a nasty letter but this below:- "I refer to your letter dated 19th January 2007 in response to the Court claim I have issued against Capital Once Bank (Europe)Plc for a total sum of £420.00 which includes Court fee of £50.00. I would like to point out the following. Your offer to settle does not include the £136.44 I am claiming in contractual interest. I believe I am entitled to claim this and upon this basis if you are not willing to pay this £136.44 then I do intend to proceed to a Court hearing. I also note your offer makes no mention of a refund of the Court fee I have had to pay. I do not understand the figures you are quoting I have been charged and refunded. The only money I have received in refund was a cheque received on Friday 19th January 2007 in the total sum of £72.00. Therefore, I am willing to settle this matter on the basis that you refund me the charges you have taken in the sum of £200.00, contractual interest of £136.44 and Court fee of £50.00, making a total sum of £386.44 less the £72.00 I have accepted in part settlement leaves a balance due of £314.44. I once again enclose a copy of the schedule of charges and interest I am claiming. Once I receive the cleared funds I will notify the Court of the settlement to avoid taking up Court time. I look forward to hearing from you.
  16. My wife was issued against CAP 1, contractual interest of 27.9%. At first they wouldn't pay the COurt fee or the interest, wife sent another letter, they phoned the next day at 5.00p.m and said they would agree to pay the claim in full together with the contractual interest and court fee and the daily interest on top as a goodwill payment. They have said she should receive cheque in next 14 days. Result!
  17. capital one have offered my wife total sum but not contractual interest or Court fee. She received this offer in response to her MCOL. They made no mention of the claim for contractual interest at all in their letter or the Court fee!! They went onto say that she would receive a cheque in the next 14 days. She does want to proceed to Court hearing if necessary for all the money to be refunded to her including the Court fee and contractual interest.
  18. Hi Andymad, Congrats on your win. Am due at Court on 3rd MArch with Barclaycard - hope it goes the same way for me. Just a quick question - did you send them your Court Bundle? I have sent off mine today and wondered if they settle before Court I can still claim for time and money spent on copying and postage of the bundle?
  19. I too made a claim against Endeavour - sent out LBA - received letter from their solicitors Messrs Lightfoots stating they would defend the claim - am just waiting for the money to take them through MCOL - will keep you informed of how I get on -I think they think they can intimidate me with their war of words etc - they don't and I am willing to go all the way to Court with this - the amount involved is nearly £2,000.00 and I want it back - will let you know how I get on.
  20. Thanks Zoot Have sent letter off and will send big donation if I get anywhere with this. Fingers Crossed.
  21. Zoot – sent the letter you suggested – have received the following reply from Endevour Personal Finances’ Solicitors “We thank you for your letter of 22nd November We note that you now accept that Clause 4 of the Terms & Conditions of the Agreement was clearly stated and not, as alleged in your letter of 3rd November, that the early settlement charge was somehow concealed from you and that you were deceived into paying the same. You were aware that the charge would apply when you entered into the Agreement and when you elected to exercise the option of early settlement. The case of Bridge v Campbell Discount Co Ltd is not authority for the proposition to which you refer. That case concerned a hire-purchase Agreement for a care and which contained a provision that the hirer could terminate the Agreement early by giving notice of termination in accordance with the Agreement. In that event, the Agreement provided that the hirer was to pay to the owner “by way of agreed compensation for depreciation of the vehicle such further sum as ay be necessary to make the rentals paid and payable hereunder equal to two thirds of the hire purchase price”. It was held by the Court of Appeal that the question of whether the sum claimed was a penalty did not arise because it was claimed on the exercise of the hirer’s options under the Agreement and not in respect of any breach of the Agreement. In other words, that the hirer having elected to exercise the option could not maintain that the sum payable as a consequence was a penalty. The case then proceeded to the House of Lords. Although by a majority they reversed the decision of the Court of Appeal, they did so on different grounds. They held that there was no admission that the hirer had exercised the option to terminate and they therefore proceeded to decide the case on basis that it was one where the hirer had declared his ability to go on with the hiring and that the owners of the vehicle, having then resumed possession of the car, had asserted their contractual rights under the clause to which we have referred above. The distinction is very important because, accordingly, the decision is not authority for the proposition that the exercise of a contractual provision of an option allowing early termination of an agreement can rank as a penalty. The opinions of the Judges in the Houses of Lords were equally divided in that regard, and two held that had they decided the case on the same basis as the Court of Appeal, namely that the hirer had elected to exercise the option, then they would have allowed the recovery of the sum stipulated. As a result the decision of the court of Appeal in relation to the exercise of the option, following as it did an earlier decision in Associated Distributors v Hall, was not overruled and still stands. We believe that we have made the position of our client clear. We are aware of a number of web sites that seeks to encourage claims of this nature on the premise that the lender will capitulate rather than incur the costs of Court proceedings. We believe that it would be a mistake for you to proceed on that basis, and if you disagree with our view, then you may wish to consider obtaining your own independent legal advice before embarking on litigation. If you nevertheless decide to do so then you should bear in mind that the proceedings will be defended. Yours faithfully any advice?
  22. Thanks very much zoot, I will send the letter you suggested. I will keep you updated as to how I get on.
  23. Can anyone help with this letter? Do I have any claim in relation to a secured Loan? Could a moderator take a look please. Thanks:rolleyes:
  24. We act for Endeavour Personal Finance Limited and our client has asked that we respond to your letter to them of 3rd November. On 15th December 2005 you obtained a loan form our client of £45,000.00. That loan was secured by way of a second charge over your property and the terms of the loan were contained in the Unregulated Credit Agreement of that date. A copy of the Agreement signed by you is enclosed. It was envisaged that the loan would be repaid over a period of twenty-five years at a monthly instalment. Pursuant to paragraph 4 of the Terms and Conditions to be found on the reverse side of the Agreement you were given the right to repay the loan early on the terms set out. It may assist if we refer to the relevant part that reads:- “You may settle this Agreement early by paying the balance outstanding of the Total Loan Amount and any interest outstanding at the date of payment together with any Unpaid Monthly Insurance, reasonable costs, charges and expenses, debited to your account and an early settlement charge (“ERC”) calculated as follows. If repayment is made three years or less after the date of this Agreement the ERC will be equivalent to six months interest on the balance of the Total Loan Amount then repaid at the rate of interest then payable. If repayment is made more than three years after the date of this Agreement the ERC will be calculated on the above basis but reduced by one month’s interest for each year or part of a year that the Agreement has continued in force in excess of three years. If repayment is made more than eight years after the date of Agreement no ERC will be payable” In June 2006, and six months after you had taken our the loan, you decided to exercise your contractual right to repay the loan. The ERC calculated in accordance with paragraph 4 of the Agreement was £1,941.79. We now turn to the contents of your letter of 3rd November. Can we firstly address your complaint that you were deceived into paying the ERC and that the nature of this charge was somehow concealed from you. This is of course not correct as the terms relating to the early repayment of the loan are clearly set out in the Agreement. You would not have signed the Agreement, and taken the loan from our client, unless you had agreed those terms. Furthermore, before repaying your account you were provided with a redemption statement and which recorded the amount of the proposed ERC. You then exercised your right to repay the account and with full knowledge of the amount that was due. It is not correct to say that the ERC is “unlawful at Common Law, Statute and recent consumer regulations”. The Common Law to which you refer does not give the debrot any right to a rebate or charges on early settlement. Nevertheless, the Agreement of our client to which we have referred contains a contractual right to make early settlement and for a rebate of the charges that would otherwise be payable under the Agreement on the terms set out in paragraph 4 to which we have referred. Your letter proceeds on the basis of a misconception that the ERC represents a charge levied as a result of your breach of the Agreement. This is not the case as you did not breach the Agreement, but simply exercised your right to make an early repayment of the loan and on the terms as agreed by you. For the avoidance of doubt it is not accepted that the amount charged is in any way unreasonable of unfair. The Regulations to which you refer say that a contractual term shall be regarded as unfair “if, contrary to the requirements of good faith, it causes a significant imbalance in the parties rights and obligations arising under the contract, to the detriment of the consumer”. This is not the case here as similar terms are commonly to be found in consumer loan agreements of this nature and the early repayment provisions are written in plain intelligible language and are readily understandable. The ERC strikes a fair balance between the potential wish of the debtor to repay the debt early and the position of our client that has incurred upfront costs in making the loan and which in those circumstances, is denied the opportunity of recovering those costs by way of the interest that would otherwise have been paid over the agreed term. We trust that we have now answered this matter to your satisfaction. If not, then our client is a member of the Finance Industry Standards Association and ultimately, you have the right to refer your complaint to them as an independent adjudicator in nay dispute between a member and its customers. Further details in this regard can be made available to you if required. Can anyone help – are they right about this – I would be prepared to go to issue on this if I thought I had a chance of success – Can any moderators take a look – Zoot – can you have a read and give me your advice please. Many thanks
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