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Dextallulah v Co-op Bank


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So, this may sound a tad thick but, can we not be counter-sued for incurring these charges anyway? arent we in breach of contract for failing to honour payments? I'm confused! my bank hates me anyway i'm sure there gonna get me back somehow if i claim my millions back!!

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Well if they did that, they may be forced to tell the court how much it actually cost them for your breach of contract, and considering what they have charged you, that could end up giving them a whole lot of trouble....which they don't want..

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

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so the worst they can do to me is close my account? they did ask me to surrender my debit card and cheque book for being so crap with money last year, does this have any bearing?

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Hi, you didnt have to steal them, they're free!!! lol!!!

I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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  • 1 month later...

Just received my backdated statements (after 42 days i may add!) just wondering what is 'debit interest' and do i reclaim it? Also, despite my numerous attempts to understand the 8% interest business i'm still just not getting it! I thought i only added that on if it went to court, but after reading some forum material i now seem to think i add it on in my initial letter?!? Please somebody help this thickhead out before i jeopardise my whole claim!!

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Interest

 

There are 2 interest to consider.

 

Type 1 interest

This is the interest that the bank deducted from your account as a result of the charge they took.

e.g. If you were £10 overdrawn and the bank took a £35 charge because you were overdrawn they would charge you interest on £45. This interest would be taken until the account went back into credit.

Or

If you have an interest paying account and they took a charge of £35 you would lose the interest that would otherwise be paid on the £35. This interest would continue to be lost thereafter.

 

The rate of type 1 interest is that which the bank applies either on your overdraft or positive balance. You can get this information from them.

 

This first type of interest is claimable from the Start and should be included in the Preliminary letter and updated for date changes with every subsequent communication.

 

Type 2 interest.

This is the interest that is claimed when you make the claim via the County Court. Its purpose is to compensate you for the loss of use of your money.

 

The rate of this interest is set in the legislation and is at present 8%pa calculated pro rata on the number of days you are owed the money.

 

Where £M is the value of the charge plus any bank interest taken and/or lost and D is the number of days.

 

So if a charge was taken on 1st Jan and the date of your claim is February 10 then D=31 + 10 = 41

 

The calculation therefore is Interest = £M x 8/100/365 x D

 

8/100/365 = 0.00022

 

So the interest = £M x 0.00022 x 41

 

You must do this calculation for each charge + interest that you are claiming back then add them all together to get the total type 2 interest.

 

This type 2 interest is only applied to what you are owed when you raise a claim in the county court.

 

Hope this helps

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I suspect you'll end up doing most of the work anyway, because your bank won't correspond with the agent.

 

Still, I've been wrong before.

 

Go for it. Please let us know how it turns out.

 

Tim

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I preferred doing it all myself, it's not that difficult and the personal satisfaction at the end of it is great!!

 

- I'll do it for you if want, lol.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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  • 2 weeks later...

I wouldn't touch any of these outfits with a barge pole.

The amount of time it actually takes to claim isn't all that much and the amount these outfits charge is extortionate.

 

Stick with us and do it yourself is my advice

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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I wouldn't touch any of these outfits with a barge pole.

The amount of time it actually takes to claim isn't all that much and the amount these outfits charge is extortionate.

Stick with us and do it yourself is my advice

 

I quite agree - All the templates you could possibly need are in the library. Lots and lots of people willing to help...

 

May be something for the mods to look at though if someone is willing to take on cases - to court stage (if necessary) and the 10 or whatever agreed percentage be given back to the site (as well as a donation of course!!)

;) Boobaby

Please hit the scales if you think I've helped!

Please note that advice given is purely my opinion and should be treated as such.

FAQ’s

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

HSBC Claim - August 2006 £2,700 paid November 2006

Halifax Claim - August 2006 £4,100 paid December 2006

GE Capital - August 2006 - settled

Log Book Loans - August 2007 - sorted

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The other issue is that you aren't actually allowed to charge a percentage, you can only charge a fixed fee.

 

If a company is charging a percentage then I wouldn't go near them as they obviously don't know what they are doing.

 

Also if the payment is deferred until after you win your case then they are technically giving a loan, and I very much doubt they have the relevant licence to do so.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Hi Team

 

I am doing all of this myself,with the help of this website.The knowledge you gain here will help you in the future.All the websites are doing is the same as you are here.Exactly the same thing.What you learn here you can help work mates and family.Do it yourself and get knowledge that will open your eyes,and then you can be more careful in the future when you buy things or borrow money.

 

Ukaviator

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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I'll do it for you. Just got my lot through. Just about to start doing it for my sister. Helping some friends do it as well.

PM me if you want to discuss it further.

 

1. We strongly recommend that people keep their posts in the open, so that we can all take advantage of the advice on offer, to ensure that the advice can be corrected or modified if necessary, and to protect the advisor from potential court action if they encounter a problem.

 

2. I would suggest that unless you are professionally qualified you would be ill-advised to offer advice for a fee.

 

3. It is against forum rules to advertise your services.

 

4. All templates on this site are subject to copyright, so although you may use them for your own claims, you would be breaking copyright law if you used them for any other purpose without the express permission of the owners.

 

I am sorry if I have misinterpreted your intentions in offering advice, but I felt it important to make you aware of the implications of your invitation to provide help, and also point out the pitfalls to anyone else thinking of taking you up on your offer.

 

The help on this site is free of charge, but as you rightly say, there are plenty of others out there who will be more than happy to take a share of your money if you can't be bothered to copy and paste a few letters.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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