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  1. Hi all I have had a Barclaycard ppi claim refused after 2 attempts so have decided to issue a court claim via moneyclaim online. T he issue that I have is in regards to what interest rate I can charge for the claim. The ppi premiums were for 22 months back in 2003 and the card apr was 29.9%. Am I only able to charge 29.9% interest on the court claim for the period that the ppi premiums were deducted, i.e until the end of the 22 months or can I charge the 29.9% up until I issue the court claim. Or would it be 29.9% for the 22 months and the 8% from the start of the ppi premiums until the court issue. Many thanks for your help
  2. It showed as no code on a yearly statement, but they used to be monthly
  3. Hi thank you HB Just checked with my mother and she says that he gets taxed at 40 percent as apparently there is no tax code present? Does that make any sense to you
  4. Hi thanks for the quick replies These 2 are the only income he has and he does not earn above the £41k that bb has said. Unfortunately he is away at work at the moment and not home until Friday for me to find out about his tax codes etc. would they have just placed the 40 percent tax in his pension by default as he has never questioned anything with Hmrc. If there is an error would he be entitled to receive anything back from them. Once again thank you very much
  5. Hello I'm trying to find out some info for my father. Haven't a clue about pensions etc. He receives a private pension from his previous employer which currently pays around £400 per month but has tax deducted at 40 percent. Also currently is employed earning around £20k per year and taxed at 20 percent. Is it correct that his private pension is taxed at 40 percent? He is not at state pension age yet. I'm confused as I thought everyone had tax bracket earning limits before they were deducted at 40 percent ie above £36k or something, am I right or are private pensions treated differently. Many thanks for your help
  6. Hi all Have issued a claim for mortgage charges and mortgage company solicitors have filed an acknowledgement of service giving 28 days in total to file a defence. Today I received a letter from solicitors asking me to agree to an extra 28 days under cpr 15.5 and if I don't agree they will seek costs from me after making an application to the court. Does anyone have any experience of this as I am reluctant to give them extra time as they already had a long time to investigate my complaint before court action and that is the reason they are asking for extra time so they can get paperwork from the mortgage company to investigate. Would a judge take a dim view if I refuse or should I just tell them no and make an application if they wish as I don't understand what they want to investigate as they have already said they believe their charges are fair etc. Many thanks
  7. Hi all, I have now received a final response saying they will not uphold my complaint but made a small gesture of goodwill and to go to ombudsman. I have decided to go court route and have started N1 claim form. Just after a bit of advice or pointers to include in the particulars of claim about excessive charges etc Many thanks
  8. Wow 7 years later and I have just received a letter from dlc saying they have instructed mercantile data bureau ltd to manage my account! As I previously mentioned they did not supply me with the credit agreement and have never done so and I dispute owing the money to them. Any advice on what to do. Should I send a letter to them informing them that they failed to carry out my credit agreement request 7 years ago or should I just leave it as they are trying their luck. Many thanks
  9. Hello all I am going to write back to them with letter before action 14 days and then start court claim. Any advice Many thanks
  10. The oldrouge I posted on the earlier post what they responded with
  11. Hi Dx, yes you are probably right about the letter. I did just copy and paste one I saw on here, this is what I sent I am writing to ask you to refund the charges which you have charged to my account in respect of latepayment fees and arrears charges to the sum of £5310 along with £2200.57in interest at the statutory rate of Eight percent totalling £7510.57. I nowunderstand that such fees are unlawful at Common Law, Statute and recentconsumer Regulations. In addition your charges appearto represent an unfair term of contract which is contrary to the UnfairTerms in Consumer Contracts Regulations 1999 (SI. 1999/2083). My accountfalls within the ambit of Regulation 5 of the Unfair Terms in ConsumerContracts Regulations 1999 as I am a consumer. Your charges constitute anunfair penalty under Schedule 2 of the said Regulations, which provide anindicative and non-exhaustive list of terms which may be regarded as unfair. Under paragraph 1(e) of schedule 2 this specifically includes terms which havethe object of requiring any consumer who fails his obligation to pay adisproportionately high sum in compensation. I would vigorously contend thatthis is the position regarding the fees which you deemed fit to apply to my account. I would like to bring yourattention to the following statement by The Office of Fair Trading: "A term in a mortgage agreement which requires the borrower to pay more for breachingthe contract terms than actual costs and losses caused to the lender by thebreach (or a genuine pre-estimate of that) is likely to be regarded as anunfair penalty and to be unenforceable both at common law and (in a consumermortgage) under the Unfair Terms in Consumer Contracts Regulations. I believe that the charges youhave levied of £5310.00far exceed any true cost to yourself as a result of the breachesand any genuine pre-estimate you could conceivably reach. If you disagree, thenwill you please demonstrate this by letting me have a full breakdown of thecosts to which you have been put to as a result, in order to reassure methat your charges really do reflect your costs. I have enclosed acopy of all the charges that you have applied to my account for your use. Thus I amasking that you refund the charges and other fees plus interest totalling £7510.57 which have been levied on myaccount. If you do not respond, or you do not respond positively, within thetime limits set out in your official complaints procedure I will proceed withlegal action. I believe that these targets are more than sufficient for a largecompany such as yours with dedicated staff and departments. I hope thatyou will enter into a sincere dialogue with me about this matter and I amwriting this letter to you on the assumption that you will prefer to do thisthan merely respond with standard letters and leaflets. Then I just received their reply with the one main point that I posted earlier. So prob best to write back to them with a 14 day letter before action thank you for your help
  12. Thanks for your reply and information. So do you think I should start court claim, also would I have to send them a letter before any action Many thanks
  13. I just copied and pasted some of the details from a template letter and amended to my own circumstances. I placed it at 8% throughout the whole claim as sometimes my rate was lower than that so thought I could do the statutory rate? Rooftop are just saying that they were not penalty charges but there actual cost but they could not disclose how they decide to charge me £75 and £50 fees each time. Should I attempt to go through the court route as I have looked online and discovered if I make claim through the post I can claim a fee remission
  14. I thought so. Would it be best to use fos or try the court route, I had a look and apparently for what I am asking for to be refunded the court fee would be £410?
  15. Next step? Hello all I have had a reply from rooftop after requesting repayment of all charges plus interest and they have now sent a response saying no. This is their reply with 1 point " you have stated that you believe charges relating to arrears have been unfairly applied to your account and have requested a refund of these charges with 8% statutory interest. You have also requested a breakdown of how these fees have been calculated. To be clear, no 'penalty charges' or 'penalty fees' have been applied where a breach of contract has occurred. We only apply a fee to cover additional administrative costs incurred to us where business as usual costs are exceeded. The fees charged are to reflect the additional administrative costs incurred in managing an account during periods of arrears. For example where a customer requests is to undertake a task which requires additional administrative work to be undertaken, a fee is payable. The fees detailed in our tariff cannot be considered penalty charges for a breach of contract because this is not the manner in which they were applied. The fees charged are a fair representation of the total costs we incur and our tariff is reviewed regularly. I am unable to provide any further information on the way in which these have been calculated. Rooftop is regulated by the financial conduct authority. Therefore I can confirm that these fees meet the criteria set out in the mortgage conduct of business sourcebook. Under these regulations we are not obliged to provide this information because the data is commercially sensitive. If you are in satisfied with our response you can contact the financial ombudsman service" Does anyone know what the best next steps are, I would like to continue with action against them but a bit wary of using the fos as they may take some time, I would prefer the court route. Any help would be greatly appreciated
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