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    • Here is an updated draft of the proposed particulars of claim. Please can you start dealing with this. Fill in the figures and also let me have some comments.    
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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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iOiO v Lloyds TSB


iOiO
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Hi guys

Just about to embark upon my first ever charges reclaim and I have chosen Lloyds TSB to start with.

I will endeavor to keep you all updated with my progress on this thread as things develop.

But first a question or two....

I have nearly all my statements going all the way back to 1977, is it still therefore advisable to request copies from Lloyds via the data protection act or can I rely on the original documents?

I have read that most of you have been claiming for the last six years charges, but that some people have successfully claimed more, given that I have 30+ years of statements, should I go the whole hog and go for the lot?

Also, what about allowing for inflation? Back in 1992 (for instance) the fee for an unpaid item was £4, and £7 for any unauthorised borrowing (how things as changed, as the banks have become more money grabbing!) of course the £4 and £7's they deprived me of in 1992 would buy far more than it will buy today, so if I reclaim just the £4 & £7's (many times over of course) I will be loosing out big time on the inflationary effects, so is there any way of factoring all this into my calculations?

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Wow that will be some claim. I like your style. No, you do not need to do a SAR if you have all your statements. I suppose you will need to have information on the rates of inflation over the years and evaluate the charges at their current value.

 

I'm not sure how the courts would view this, although there are opinions that if you did not know the charges were unlawful the Statute of Limitations doesn't apply.

 

Interesting plan - keep us posted.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hi and welcome :)

 

 

I have nearly all my statements going all the way back to 1977, is it still therefore advisable to request copies from Lloyds via the data protection act or can I rely on the original documents?

 

No need to send in a SAR if you have the originals :)

 

I have read that most of you have been claiming for the last six years charges, but that some people have successfully claimed more, given that I have 30+ years of statements, should I go the whole hog and go for the lot?

 

I've sat here thinking about this for a while and still in two minds part of me is saying go for it and part of me is erring on the edge of caution ...

 

 

Also, what about allowing for inflation? Back in 1992 (for instance) the fee for an unpaid item was £4, and £7 for any unauthorised borrowing (how things as changed, as the banks have become more money grabbing!) of course the £4 and £7's they deprived me of in 1992 would buy far more than it will buy today, so if I reclaim just the £4 & £7's (many times over of course) I will be loosing out big time on the inflationary effects, so is there any way of factoring all this into my calculations?

s69 interest on a £4 charge 20 years ago is just over £10 :)

 

 

saint

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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Just hope they don't pay you in Half Crowns.:p

 

Best wishes with your claim, it's a whopper.

 

 

Regards.

 

Scott.

 

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Just hope they don't pay you in Half Crowns.:p

 

If they are from the right year they are probably worth a fortune to a coin collector.

 

iOiO if you can pull this one off it will make the newspapers:grin:

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Wrong - decimalisation was in 1971 - I was 10 at the time - so half crowns are out of the equation.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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s69 interest on a £4 charge 20 years ago is just over £10 :)

 

 

 

Hi saint

 

Forgive my ignorance..... what is s69 interest and how do you calculate it?

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iOiO if you can pull this one off it will make the newspapers:grin:

 

Actually, between 1977 and 1991 there have been very few charges, so either I have been a very good boy, or the banks weren't taking full advantage in those days!

 

Since 1992 though things have changed radically

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What you need to do is go through all your statements and highlight all the charges then compile a schedule of charges using one of the spreadshees found here an example of how to fill the simple one in can be found here

s69 interest is the statutary 8% that can be claimed.

 

Have a read of the FAQ's and the Step-by-step instructions these will explain a lot of the reclaiming process :)

 

hope that helps

 

saint

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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That would have been the good old days when bank managers were human beings at the end of a phone who made sensible decisions about whether to let you go a few coppers overdrawn, as they would know your account and know that you would cover the shortfall as soon as possible.:p

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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OK just preparing my Preliminary Approach for Repayment letter and I notice in the FAQ this...

 

If you obtained your statements online you will not have asked for details of manual intervention as this is in the DATA PROTECTION ACT LETTER, so it may be useful to add this paragraph to this letter.

 

This obviously applies to me as I already have the vast majority of my statements.

 

The relevant paragraphs are...

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

 

Can anyone suggest a suitable modification to the wording so that I can add it to my Preliminary Approach for Repayment letter (dont want to make any mistakes at this stage)? Also because I am asking for this data, will I still need to send them the £10 fee?

 

Also as mentioned in my original post, it is my intention to claim for the erosion in value of the money they have deprived me of through the years.

 

Can anyone therefore also suggest a suitably worded replacement for this text as contained in the standard Preliminary Approach for Repayment letter?

 

What I require

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter.

 

 

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That would have been the good old days when bank managers were human beings at the end of a phone who made sensible decisions about whether to let you go a few coppers overdrawn, as they would know your account and know that you would cover the shortfall as soon as possible.:p

 

Yes you are probably right, and that approach probably cost them far more in those days and if and when they charged, they charged less!! :confused:

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It might be worth sending a full SAR to them; I wonder how far back their information will go. I would imagine they will only send you six years statements but you will probably get all the extra information - I am doubtful if they will send it if you put the request in your reclaim letter.

 

What you are really doing with the ancient charges is 'index linking' them. Perhaps you could add in an extra column on your spreadsheet and for each year work out today's value of the charges. I am sure there will be websites that can calculate that value.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Found an excellent compound interest spreadsheet written by Mindzai here on CAG http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet.html?highlight=minzias

 

Only problem is the main download link is not working? But towards the end of the thread someone has kindly left a link to their own personal copy :) ....it downloads but the only problem is someone has deleted some of the formulas on one page, so it doesnt work correctly :(

 

Good news is that I have managed to fix it, and have uploaded a fully functional version for download from here Mindzias Compound Contractual Interest Spreadsheet

 

Hope this helps

 

Many thanks to Mindzai for his original work

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Hi, iOiO.

 

 

Not sure if you've read this.............

 

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html?highlight=claiming+beyond+6+years

 

Regards.

 

Scott.

 

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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