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coll2900

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  1. Thanks for the advice dx100uk & BRIGADIER2JCS. One last question if I send an SAR won't that be an acknowledgement of the debt, sorry to be slow! I'll definitely check the FAQs why the Citi Cards debt is still showing, it's not showing anything from the original just the time from which Hillesden took it over. Thanks again.
  2. Thanks guys. I will send an SAR to both of them, so does statue barred mean it should be removed from my credit file, I didn't make payments as it was charges on top of charges. I think the initial default amount was about £200 which was the maximum limit on the card. If i make contact with Santander to make a full and final settlement does that mean it then stay on file for a further 6 years but showing as settled. In which case i may as well just wait till next year. Thanks
  3. Forgot to say that the default for citi cards started in 2007 (think this is the date Hillesden took it over, I'm sure the initial default was a about 3 years before that) and the one for alliance leicester started in nov 2006. I know I'm probably pushing it but any advice would be gratefully received.
  4. Hi everyone I hope someone will be able to help or give me some advice. I've got two defaults on my Credit file, one was from a credit card i had with Citi cards (the debt has been passed to Hillesden Securities) and the other one was from Alliance and Leicester (now Santander) The amounts are £1106 and £739. I want to apply for a mortgage but because my credit rating is so low I don't think I'll get very far. Other than these two things everything on my credit file is fine. The other 12 accounts in my file are fine with no missed payments. Both debuts are purely bank charges. I should have claimed the charges ages ago before the OFT ruling but I didn't. Rather than make arrangements to pay them off, I just want to pay them off in full. I want Hillesden Securities and Santander to remove the defaults - is that possible The defaults continue to show each month. Thanks
  5. thanks Wedny, I might phone them and ask them to remove the default.
  6. Hope there are few people still around to help, I've got a dilemma. After filing my n1 for a total of £5933 including CCI, Cap one has paid up £2506, which are the charges plus the 8% interest and the court fee of £250. That leaves just the CCI going to court if I continue. £1422 went to clear my outstanding balance on the card and I’ve received a cheque for £1084. I have to respond to the AQ by tomorrow and pay the £100 fee, which I don’t get back. I want to just accept and leave it t this stage but what happens to the default. Am I right in thinking that the default can only be removed if I win outright in court? I know I’ve left this to the last minute so any help would be greatly appreciated. Thank you
  7. Thanks Gary, you make complete sense, I'd be petrified to stand up in court and fully explain why i should hvae CI anyway. In this climate the straight forward way is the best. Thanks for your help
  8. I've changed the part of it to make it work for Contractual Interest, any thoughts anyone please!!!! 16. The Bank wrongly debited the Account with Charges totalling some £1,502.00 between 03 January 2001 and 09 February 2007, including sums in respect of Card Payments. Particulars appear from Schedule 2. 17. On 2nd March 2007 the Client demanded repayment of the sums wrongly debited. 18. The defendant has repaid the sum of £750. AND the Claimant claims: (1) a declaration that the sums totalling £3,135.70 have wrongly been debited from the Account 2) The return of the amounts debited in respect of penalty charges and interest in the sum of £1,881.25; 3) Contractual interest at a rate of 34.9% per annum, compounded daily from the date of each transaction to 02/08/07 of £1,254.45, as set out in the attached schedule of charges. 4) Court costs of £120.
  9. Can i use this new POC for claiming Contractual Interest if i change the 8% bits to CI ?
  10. Help, someone please, I've read so much about this from on various threads, I've got information overload and i don't know what to do about my figures for the N1 form.
  11. Can anyone help please!!!!, I was hoping to submit my N1 tommorrow.
  12. HELP!!!! After a good few weeks of not being able to go anywhere with my claim, I’m ready to start the court process. I sent cap one a rejection letter after they offered the £8 difference. The rejection letter gave them 14 days to pay up or I’d start court proceeding, 14 days is now up. Can someone please, please, please have a look at my POC, I know that we shouldn’t be posting full POC but I’m claiming contractual Interest so this isn’t the normal one. I don’ want to get it wrong at the court stage. I’ve used Vamps new spreadsheet ‘Throughout claim with contractual interest’ but I’m a bit unsure of the figures to use in the n1 form My questions are in red. Many thanks for your help Value Section Charges £xxx.xx Overdraft Interest £xxx.xx – should I change this to interest paid on charges Interest under s.69 County Courts Act 1984 £xxx.xx – and change this to Compounded Contractual Interest Court Fee £xx.xx TOTAL £ xx.xx Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just. have no idea what to say here for CCI I just don’t know what to say for this bit 1. The Claimant has had a credit card account ("the Account") with the Defendant, which has been open since January 2002 and remains open. 2. During the period in which the Account has been operating the Defendant debited numerous charges to the Accounts 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 Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5. The claimant claims compound interest on the amounts claimed, using the rate and method as applied by the defendant to monies it is owed. A schedule of the charges and interest calculated is annexed to the Particulars of Claim. The claimant’s ground for seeking restitution of the compounded contractual rate of interest is that the defendant would be unjustly enriched if the claimant's entitlement was limited to the statutory rate of interest in that the defendant has had use of the sums and would have used these sums to re-lend at commercial compounded rates. Additionally, the Claimant has not had the benefit of the sums and has therefore been unable to use said sums to repay borrowing elsewhere. 6. Alternatively, if the court decides that the claimant is not entitled to the contractual rate of interest (as outlined at point 5 above), then the claimant claims statutory interest under s.69 of the County Courts Act 1984. 7. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges on the Account in the sum of £1,256, b) the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Account and in particular the removal of all Default Notices registered with credit reference agencies since this was caused solely by the level of disproportionate penalty charges. The Claimant’s request is made under the Data Protection Act 1998, section 14, which gives the power to the Court to order the removal of inaccurate personal data, c) a refund of all interest paid on the said charges amounting to £2,816.19, (This is the total of column E interest on penalties) d) compound interest on the said charges at the contractual rate of 34.9% at £1,497.93, (this is from column K Bank interest on penalties and column L Int. on bank int. on penalties) e) alternatively, if the court decides that the claimant is not entitled to interest in accordance with the contract, then the claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% per annum calculated from 9 March 2002 to 12 June 2007, which is £1,658.07 (I’ve used the 8% bit from the complex spreadsheet and have added the totals of penalty charged, 8% on penalties, interest on penalties, 8% on interest on penalties) f) Court costs; I believe that the contents of these particulars of claim are true.
  13. my formatting has a gone a bit crazy, looked ok in the preview
  14. I received one of the usual fobbing off/sorry you're unhappy letters after i'd sent my prelim. I ignore this and sent my LBA a few days ago. Yesterday I received the following letter from Lloydstsb Thank you for getting in touch with us. I am sorry you are unhappy about your account charges. Like any business, we do make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment, this always means extra work - and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we can't agree it. We feel it's fair to charge for this service. Of course it's only fair too, that we're completely open about any charged-for services before you might need them. That's why we take care to give every new customer the latest guide to our charges. You can also get up-to-date details about fees and borrowing rates at all our branches, through our helpline and on our website. Just as importantly, we do everything we can to help our customers avoid these charges. You can get an up-to-date balance at any of our cash machines, over the phone, on line and by weekly text to your mobile. If you know a payment is going to take you over your agreed limit, you're welcome to see if there's anything we can do. The Office of Fair Trading has published new guidelines on credit card default charges. We’re still talking it through with them, but the important point is that the guidelines are about 'default’ charges that people pay when they break an agreement with us. This doesn't apply to your charges as these were for dealing with your request to go over your agreed overdraft limit. They are not default charges because you haven't broken your agreement. They are our prices for the service we provide in these situations. I do hope you can see that we make our charging system as fair as possible -and why I can't agree to cancel your charges. I hope this fully answers the points you raised with us. Please let me know if there is anything else I can do to help. If we cannot come to an agreement, I will provide you with details of the Financial Ombudsman Service so they can consider your complaint independently. If you are happy with the way I have dealt with your complaint, there is no need for you to reply to my letter. If I have not heard from you by 17 May 2007 I will close my file, though of course I will re-open it should you come back at any point afterwards. Yours Sincerely David Pye Customer Service Recovery Centre - Andover Guess'll ignore this, wait for the 14 days to be up then file my court claim. Out of intrest has anyone else recived this letter
  15. once again thanks for the advice UK. I'll send the rejection letter at the weekend.
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