Dextallulah v Co-op Bank

[dextallulah]

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!!

[Bovvered]

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..

[dextallulah]

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?

[dextallulah]

Data request letter sent off to Judith Burgess by recorded delivery (stolen from templates!) Fingers crossed, will keep you posted!

[callumsgran]

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

[dextallulah]

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!!

[Aitken Brotherston]

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

[dextallulah]

Thanks, so on the preliminary leter where it says- you have taken £xxxx + £xxxx interest- do i enter the type 1 interest in the second bit?

[Aitken Brotherston]

YES

Remember you will need to calculate this interest for each charge taken because they will each have a different number of days.

 

There are downloadable spreadsheets available on this site to help you. I believe they are in the letters library.

[dextallulah]

Just wondering if anyone has an opinion or experience of the companies who offer to do all this legwork for u? I'm quite tempted to just let them work it all out for me and let them have the ten percent

[tim2718281]

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

[un1boy]

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.

[blueskies]

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

[Boobaby]

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!!)

[barracad]

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.

[ukaviator]

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

[kpiotrowicz]

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.

[caro]

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.

[kpiotrowicz]

Fair enough. Didn't even occur to me that I was advertising a service. Just responding to what someone wanted and I could do with the money.