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mozstar

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About mozstar

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  1. Letter before action: I will be posting this new letter on Wednesday, so once again if anyone has a chance to read through this and has any comments to make before then I would be very grateful. 25/4/2007 Robert Udy Executive Office Manager Capital One Services Inc. Trent House Station Street Nottingham NG2 3HX LETTER BEFORE ACTION Re. Account No. XXXX XXXX XXXX XXXX and Account No. XXXX XXXX XXXX XXXX Dear Mr Udy, I am very disappointed that you have failed to respond to my previous “Response to settlement offer” letter dated 16/02/2007. I understand that the regime of 'late payments fees’ and ‘overlimit fees’ which you have been applying to my account are unlawful at Common Law, Statute and recent Consumer regulations, and I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. As I previously wrote to you, you have taken £292 in total from the two accounts referenced above. I also understand that I am entitled to claim reciprocal contractual interest on the sums that you unlawfully debited from my account and I included two schedules with my last correspondence which detailed my calculation of the total amount owed to me by Capital One, which I include again with this letter. It should be noted that the interest owed has now risen due to your failure to reimburse me to date, and continues to accrue on a daily basis. Therefore I now require you to repay to me the total amount of £679.67. You have credited my VISA card account with £40 and I informed you in my last letter that I would only accept that payment as part settlement of the claim. You also told me in your letter of 31/01/2007 that you would be sending me a cheque for £94 towards the Mastercard account, however this cheque has never arrived, and again I would only accept it as a part payment towards the full claim. I hereby give you 14 days to pay the full owed sum to me otherwise I shall, without any further notice, begin a county court claim against you for the full amount plus daily interest which will continue to accrue up to the date of settlement plus my costs. Yours sincerely, MOZSTAR.
  2. Firstly my apologies Elsinore for not acknowledging your previous response to me - for some unknown I just didn't know it was there! OK - so I decided to make sure my claim is as tight as I can make it by issuing another, final letter before action that brings the two accounts back together again, and including two new schedules of compound interest that bring all the figures up-to-date. I will be posting this new letter on Wednesday, so once again if anyone has a chance to read through this and has any comments to make before then I would be very grateful. One thing to note is that I have continued to accrue the compound interest on the total original claim despite the fact that Lloyds have made me a part payment of £680. I'm really not sure this is legal but as I found it impossible to calculate the interest if I stopped adding it to £680 but continued to add it to the remaining outstanding amount, I just decided in the end to play dumb. I figure that if Lloyds want to take issue with my interest calculation they will have do that in court, where I would be more than happy for a judget to arbritrate. Does anyone have any thoughts on this? 25/4/2007 Lloyds TSB PLC 25 Gresham Street London EC2V 7HN LETTER BEFORE ACTION Regarding: Sort Code XX-XX-XX Account No. XXXXXXXX and Credit Card Account No. XXXX XXXX XXXX XXXX Dear Sir/Madam, I am very disappointed that to date you have failed to reimburse the full amount of the sums that I believe you have unlawfully debited from the accounts referenced above. I originally wrote to you on 29/12/2006 regarding both accounts, which you chose to respond to me about individually. I therefore replied to each of your separate responses in my last two letters dated 16/02/2007, which I enclose copies of with this letter. As this will be my final request before action for you to pay the total amount owed to me, I now intend from hereon to contend the charges on both accounts as a single claim once again. I understand that the regime of penalty charges which you have been applying to my accounts are unlawful at Common Law, Statute and recent Consumer regulations, and I would draw your attention to the terms of the contract which you agreed to at the time that I opened my accounts. It is an implied term of those contracts that you would conduct yourselves lawfully and in a manner that complies with UK law. I am frankly shocked that you have operated my accounts in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. As I have previously written to you, you have levied £831 in charges on the two accounts referenced above. I also understand that I am entitled to claim reciprocal contractual interest on the sums that you unlawfully debited from my account and I included two schedules with my last set of correspondence which detailed my calculations of the total amount owed to me by Lloyds TSB PLC, which I include again with this letter. It should be noted that the interest owed has now risen due to your failure to reimburse me to date, and continues to accrue on a daily basis. Therefore I now require you to repay to me the total amount of £1,351.89. You have credited the above referenced bank account with £680 and I informed you in my last letter regarding this account that I would only accept this payment as part settlement of the total claim. Therefore the sum of £671.89 remains outstanding. I hereby give you 14 days to pay the full owed sum to me otherwise I shall, without any further notice, begin a county court claim against you for the full amount plus daily interest which will continue to accrue up to the date of settlement plus my costs. Yours sincerely, MOZSTAR.
  3. I've begun filling in a Money Claim Online form to finally take Capital One all the way, but I have a question about how many times I should have sent them my schedules. To bring things up to date, I've sent a prelim plus a rejection-of-offer letter and a letter before action. Now I have come to Money Claim time I was just reading through the FAQs again and saw this advice: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=9 I only included schedules with my second letter (the response to settlement) not with my prelim, so I have actually only sent the schedule once not twice. Is twice strictly neccessary? On another FAQ it suggests: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html - which suggests to me that sending the schedule once would be ok. What can anyone suggest is the right thing to do? I would like to get this claim moving now, but don't want to do anything which could scupper the claim. Secondly, and some of you might think I was mad to do this, but as I was having a lot problems calculating the overdraft interest I was paying, I therefore decided to omit the interest from my claim. Does anyone think this could cause me any problems for any reasons I have not foreseen? My thought was that it was simply up to me to decide if I wanted to claim an amount of my overdraft interest from them and it would be best if I could explain the details of my claim in court if I had to, and anyway this figure would have amounted to hardly anything at all as far as I could tell. I have added on compound contractual interest however. Your help and advise at this crucial stage would be much welcomed....
  4. I've begun filling in a Money Claim Online form to finally take Lloyds TSB all the way, but I have a question about how many times I should have sent them my schedules. To bring things up to date, I've sent a prelim plus a rejection-of-offer letter and a letter before action - the latter because confusingly Lloyds split my initial claim covering both my bank account and my credit card into two separate claims and two different people contacted me about each bit. I therefore replied to both parties individually - to the bank account person to reject their settlement offer (which has been paid into my account) and to the credit card person with an LBA (because they just refused to pay me anything). Now I have come to Money Claim time I plan to bring the two back together again because it is the same organisation - unless anyone advises me otherwise? Anyway I was just reading through the FAQs again and saw this advice about using Money Claim: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html?garpg=9 I only included schedules with my second set of letters (the response to settlement and the LBA) not with my prelim, so I have actually only sent the schedules once not twice. Is twice strictly neccessary? On another FAQ it suggests: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html - which suggests to me that sending the schedule once would be ok. What can anyone suggest is the right thing to do? I would like to get this claim moving now, but don't want to do anything which could scupper the claim. Secondly, and some of you might think I was mad to do this, but as I was having a lot problems calculating the overdraft interest I was paying on the charges due to my account drifting in and out of my overdraft facility, I therefore decided to omit the interest from my claim. Does anyone think this could cause me any problems for any reasons I have not foreseen? My thought was that it was simply up to me to decide if I wanted to claim an amount of my overdraft interest from them, and anyway this figure would have amounted to hardly anything at all as far as I could tell. I have added on compound contractual interest however. Your help and advise at this crucial stage would be much welcomed....
  5. Hi thanks for the reply - sorry I should have explained I meant contractual interest rather than statutory: do you think it's too late for me to change my mind about wanting to challenge them on this? I have only sent a prelim letter so far (which didn't include interest as I followed the BBC guidance and hadn't discovered this forum). Don't get me wrong I am happy to have won my charges back, but considering the illegality of what they are doing I would be even happier to take them on for the extra interest.
  6. OK well ironically a Michelle Dodd at the Halifax just phoned me and offered £90 of the £120 they owe me. I told her I wouldn't accept and that I would be prepared to go to court and I would be adding on interest. She then said that they wouldn't pay the interest but they would give me the full £120 to stop me going to court. I accepted at the time because this is the smallest of all the claims I have going and I figure it would be a lot of work for a smallish amount. However I'm now thinking I should have held out for the full interest which I've just calculated and which more than doubles the claim - can I do this now that I have verbally accepted? Am I entitled to change my mind at this stage?? Your advice would be greatly appreciated! :?
  7. Well I've had a couple of bland 'we are investigating your complaint' letters from Halifax, and it's time I moved this on. I've decided to add on compound contractual interest at the unauthorised borrowing rate: can anyone please tell me what Halifax's current rate is for this? I'm no longer with them and I can't find it on their web site. I was going to send the following letter, so if anyone has any comments or advice before I send it please let me know. Your help would be much appreciated! 13/02/2007 Mr Stephen Childs Senior Review Manager Customer Relations Halifax PLC Trinity Road Halifax West Yorkshire HX1 2RG Letter Before Action Regarding: Sort Code XX-XX-XX Account No. XXXXXXXX Your Reference: XXXXXXXX Dear Mr Childs, Thankyou for your letter dated 30th January 2007, however I am very disappointed that you have not as yet given me a full response to my recent request sent to you on 29th December 2006 in which I asked for a full refund of the £120 penalty charges that have been unlawfully applied to the above named account. I now understand that the regime of 'fees' that you applied to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. I would draw your attention to the terms of the contract that you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner that complies with UK law. I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary. Furthermore since my previous correspondence to you I now understand that I am also entitled to claim reciprocal contractual interest on the sums which you unlawfully debited from my account at your own unauthorised borrowing rate of X%. Therefore I now require you to repay to me the total amount of XXXX. I have included herewith a spreadsheet that details how I have calculated this amount. I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice. Yours sincerely, Mozstar
  8. Well Capital One have made me an offer which I am rejecting, and I am also adding on compounded contractual interest. Can anyone please verify what their rate is for unauthorised borrowing as I'm having trouble finding it:?: The following is the letter I am going to send once I have completed my spreadsheet. If anyone has any comments or advice please let me know before I send this off on Wednesday. Cheers! 13/02/2007 Robert Udy Executive Office Manager Capital One Services Inc. Trent House Station Street Nottingham NG2 3HX Response to settlement offer. Re. Account No. xxxx xxxx xxxx xxxx and Account No. xxxx xxxx xxxx xxxx Your reference: xxx/xx/xx-xxxxxxx Dear Mr Udy, Thank you for your letter dated 31 January 2007 in which you offered me a repayment of £134, however I respectfully decline your offer and request, once again, that you return to me all charges imposed on the accounts listed above, totaling £292. Furthermore since my previous correspondence to you I now understand that I am also entitled to claim reciprocal contractual interest on the sums which you unlawfully debited from my account at your own unauthorised borrowing rate of X%. Therefore I now require you to repay to me the total amount of XXXX. I have included herewith a spreadsheet that details how I have calculated this amount. I would only be prepared to accept the amount that you have offered as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. I hereby give you 14 days to pay the remainder of the sum to me. You have credited my VISA card account with £40 and have informed me that a cheque will arrive for £94 towards the Mastercard account, however if you do not accept my conditions for acceptance, or you do not respond within 14 days, I wish to stress that I do not accept your offer and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly and I shall return the cheque to you when it arrives. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter I trust this clarifies my position. Yours sincerely, MOZSTAR
  9. Well I think Lloyds might be aiming to put me off by confusing my brain: first they send a letter refusing to repay me anything, then out of the blue they write to thank me "for getting in touch with us again" (I didn't) and offering me partial repayment - which they put into my account the next day. I am rejecting the offer and also (as mentioned in my last bout of posting above) adding on compounded contractual interest. I believe Lloyds unauthorised rate is 29.85% - can anyone please verify this as I can't find it on their website? The following is the letter I am going to send once I have completed my spreadsheet. I planned to send it both to the person who wrote to me recently with an offer and copied to head office. If anyone has any comments or advice please let me know before I send this off on Wednesday. Cheers! *UPDATED; this is the actual letter sent: 16/02/2007 Dan Shorey Customer Services Officer Lloyds TSB PLC Andover Service Recovery Centre Charlton Place Andover Hampshire SP10 1RE Response to settlement offer. Re: Sort Code XX-XX-XX Account No. XXXXXXXX Your reference: XX/XXX/XXXXXXXXX Dear Mr Shorey, Thank you for your recent letter dated 5 February 2007 in which you offered me a repayment of £680, however I respectfully decline your offer and request, once again, that you return to me all charges imposed on the account named above, totaling £771. Furthermore since my previous correspondence to you I now understand that I am also entitled to claim reciprocal contractual interest on the sums that you unlawfully debited from my account using your own unauthorised rate of 29.8%. This interest is claimed on the basis of consumer contract legislation, which provides that where a contract has not been individually negotiated, the party dealing with the consumer cannot insert advantageous terms into contracts where there is no comparable term in favour of the consumer. Therefore I now require you to repay to me the total amount of £1,190.68. I have included herewith a schedule that details how I have calculated this amount. I would only be prepared to accept the amount that you have offered as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. I hereby give you 14 days to pay the total sum to me otherwise I shall, without further notice, begin a claim against you for the full amount plus daily interest which will continue to accrue up to the date of settlement plus my costs. If you do not accept my conditions, or you do not respond within 14 days, I wish to stress that I do not accept your offer and the money transferred to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly. I trust this clarifies my position. Yours sincerely, Mozstar. * UPDATE; I also sent the following to the credit card section of Lloyds who had contacted me separately: 16/02/2007 Josie Coventry Senor Concerns Officer Card Concerns Lloyds TSB Bank PLC Sussex House Gloucester Place Brighton BN1 4BE Letter Before Action Credit card Account No. XXXX XXXX XXXX XXXX Dear Ms Coventry, Thankyou for your recent letter dated 15 January 2007 in which you declined to make a repayment to me for the £60 charges which I believe to have been unlawfully debited from the above named credit card account. I now understand that the regime of charges that you applied to my account are unlawful at Common Law, Statute and recent Consumer regulations as they are automatic and punitive penalties. I would draw your attention to the terms of the contract that you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner that complies with UK law, and I am frankly shocked that this has not been the case. Although you reference that the OFT’s recent statement about the level of credit card charges has influenced Lloyds TSB’s decision to reduce its current level of charges to £12, however this does not make the charges legal in nature - which they could only become by being levied at the true sum of the actual costs incurred by you in administering late payments. I believe this cost to be a much lower amount and, as you imply, it may only be for a court to decide both the legality of your charges and an appropriate level of fair and accurate costs. Therefore I must inform you that I am quite prepared to go to court to recover the amounts you have taken from me. Furthermore since my previous correspondence to you I now understand that I am also entitled to claim reciprocal contractual interest on the sums that you unlawfully debited from my account based upon your own rates . This interest is claimed on the basis of consumer contract legislation, which provides that where a contract has not been individually negotiated, the party dealing with the consumer cannot insert advantageous terms into contracts where there is no comparable term in favour of the consumer. Therefore I now require you to repay to me the total amount of £98.21. I have included herewith a schedule that details how I have calculated this amount. I hereby give you 14 days to pay this sum to me otherwise I shall, without further notice, begin a county court claim against you for the full amount plus daily interest which will continue to accrue up to the date of settlement plus my costs. I trust this clarifies my position. Yours sincerely, Mozstar
  10. Yes I've just been reading your thread (but not yet finished, wow what a saga!) and I have to say it's really inspiring stuff. This forum is one of those classic things which thoroughly justifies the usefulness of the web and has made my brain go all gooey in a way I haven't felt for ages about how it can help empower us all! Going for the full whack interest rates will be worth it so I can make a decent donation to put something back I reckon. But I see now what a long path it will be. :o
  11. Hi AWC Do you think so? I've seen advice on the forum in favour of including it in prelims and in LBAs - why do you think it will make me look like I don't know what I'm doing (apart from the fact that I don't right now!)?
  12. That's interesting Lucid, I'll have to read some more (so much to read here, so little time!). But to bring me up to speed can you explain your point about "no claims have been resolved" with Lloyds? I take it you mean claims including contractual interest, but how come they are taking so long? I see your hearing is four months after Lloyds registered their defence. Good luck, I shall follow your progress with interest...
  13. PS. No actually I haven't heard anything from LLoyds yet, nor Capital One - Halifax did send me a letter assuring me that a customer services manager would call me within 4 weeks!
  14. Thanks for the advice Elsinore. I just need to find the time to calculate the interest before this Friday, which is the deadline from my prelim letter. I don't suppose the banks will care though if my LBA is slightly delayed! I just have to decide whether to go for it at the authorised or unauthorised rate. Is there any poll on the forum anywhere which shows how many people have claimed for which interest rate, or even for none?
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