Jump to content


  • Tweets

  • Posts

    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
    • when did they (who) inform you there was a 'police case' and when was this attained? i will guess the debt is now SB'd as it's UAE 15yrs. have you informed the bsnk ever by email/letter of your correct and current address? you can always ignore anyone else accept the bank,  Block and bounce back all emails. Block any text messages  Ignore any letters unless it's: - a Statutory Demand - a Letter Of Claim - a Court Claimform via Northants bulk.  
    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Why is no one claiming the contractual rate of interest???


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4813 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Great news, Martynh99 - but it looks like you didn't compound the interest. Never mind - you got what you claimed, though !!

I've just had my claim returned by the Court unissued, explaining that I must use the precise wording in the leaflet "How to Make a Claim." THAT wording is for claiming Statutory interest, whereas I claimed CONTRACTUAL interest compounded at Unauthorised rate ! I used Mindzai's template of Particulars for claiming lower rates in the alternative. Am I wrong or is the Court Clerk wrong ?

I'm fuming - I know that !!!

Link to post
Share on other sites

  • Replies 2.1k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Bill,

 

I have no idea why they've done that to you. We haven't had anything back saying that we used the wrong wording - and our claims have now been acknowledged by the solicitors. Maybe they didn't realise you were claiming a different interest rate and have just assumed you've done it wrong. I'd get in touch and explain the situation - hopefully they've just misunderstood what you've put in.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Thanks Lucid - I'll try the polite questioning, first, then. Can you tell me (this is another question that I've dug up) - did you still claim a Specific Amount, even though there were two Alternative amounts ?

My thinking is that the Primary amount claimed is the Specific Amount, and any change to that is made by the Court if the Primary Amount is then contested.

Link to post
Share on other sites

Hi Bill,

 

Yes we claimed a specific amount which was the total amount with interest at the unauthorised borrowing rate. As you know from using the Particulars we detailed the other two interest amounts there. We haven't heard anything yet to say that we did it wrong so hopefully it's fine.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

OK., great - I'll go from there, and be polite but firm to the Court Clerk. Cheers.

 

I suggest that what's important is that you are not asking a judge to make a judgement about how much the financial compenation should be.

 

You're asking him to make a judgement about which argument is legally correct.

 

The difference is, in the first case, the judge still has to make a decision, even if the claim is uncontested; but in the second case, the judge does not need to make a decison - you simply get what you asked for in the first place, and your alternatives are ignored.

 

Tim

  • Haha 1
Link to post
Share on other sites

Actually, Tim - what's important to me at the moment is that the wretched Court Clerk ISSUES THE DAMN CLAIM !!! (do forgive me - I said I was fuming.)

So far, the (prospective) Defendants are blissfully ignorant of all this, and I want MY Claim to be under THEIR noses. I'm not actually asking a Judge anything at this stage...and if this damned obstructive Clerk gets her way, I'll never get to !!!

You're right, though - if it does finally get to be heard, the judgement is all about which of the Alternatives is to be awarded. It's basically a multiple-choice option for the Judge - the amounts are already punched in.

 

What I definitely DON'T want to hear is:- "Bill-k, you had £32K.................................................You've just LOST £31K !!!!

or - even worse - ".....But we don't want to give you that !!!"

 

Just issue the Claim, woman. Let the dog see the rabbit - let the Defendants have a look at the question (like...er..."Ask the Audience ? !!!")

 

...that's my feeling on it, anyway.

Link to post
Share on other sites

Great news, Martynh99 - but it looks like you didn't compound the interest. Never mind - you got what you claimed, though !!

I've just had my claim returned by the Court unissued, explaining that I must use the precise wording in the leaflet "How to Make a Claim." THAT wording is for claiming Statutory interest, whereas I claimed CONTRACTUAL interest compounded at Unauthorised rate ! I used Mindzai's template of Particulars for claiming lower rates in the alternative. Am I wrong or is the Court Clerk wrong ?

I'm fuming - I know that !!!

 

I dont see how she can possibly be correct. Surely if the details of your claim differ (as they do in this case) then you CANT use the suggested wording. We certainly had no problems getting our filed, they were served on the bank so I can only assume they were acceptable.

 

btw what I posted wasnt intended as a template, its just what I used. Feel free to use it if you like but I just want to make clear i'm not *suggesting* people use it.

  • Haha 1

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

Link to post
Share on other sites

The only interest figure quoted on my last MBNA statement is a monthly rate of 1.8735% - so (apologies but I know naff all about rates!) I presume 1.8735 x 12 = 22.482% annual rate?

No, it's 24.44% annual rate. And I think they should quote this APR on the statement somewhere.

 

Annual percentage rate = ((1 + (MPR/100)) ^ 12) - 1) * 100

 

Tim

Link to post
Share on other sites

Re filing the claim

 

The clerk is wrong, if she was right you could never claim contractual interest.

 

Sec 69 interest is only there for disputes where there is no contract which includes interest rates.

 

I had the same discussion with a clerk as my local cc, they have accepted and issued the claim.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

Link to post
Share on other sites

Thanks Glenn & Mindzai - I anticipated your encouraging replies, and returned the papers with a polite but firm letter explaining all and suggesting a "misunderstanding." This was a Midlands Court, so I guess they're inundated !!!

 

Mindzai - sorry to imply your Particulars were posted as a template. I have treated them as such, but I am aware that to do so is to accept responsibility myself for using them. Vamps recently asked where you had posted them, so I told her - hope that's OK. If Vamps wanted a look, then I guess that means - RESPECT !!!

 

You & Lucid have mine, too.

 

Bill.

Link to post
Share on other sites

Mindzai, i am using your spreadsheet for compound int. but i must have done something wrong because the column totals for "compound int on int" & " combined int & c. int" are showing #VALUE !! maybe they're as horrified as I am! any idea what I have done wrong? thanks

Link to post
Share on other sites

....Unless, of course, Ecobabe - you're potentially BAG's first Millionaire claimant !!

How much was it, and how far back ??

 

That Contractual Unauthorised Compound Rate sure is strong stuff, innit ?

 

Can I be of any further help ?

 

Are you sure ??

 

Grovel...grovel...:grin:

Link to post
Share on other sites

Ecobabe - first of all check your dates are in the correct format. Excel is pretty forgiving in this respect but there are certain things that’ll annoy it – for example make sure you haven’t used full stops (e.g. 13.5.2006) because it doesn’t like that. To be safe make sure you’ve entered them like: 13/5/2006. If that isn’t the problem, let me know and ill give you my email and take a look for you if you like - that will be quicker and easier than trying to track it down over the forum.

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

Link to post
Share on other sites

okay that took all of ...ooh I don't know 1 minute to fix!!!!!!!!! you were all right I'd mucked up the dates. 31/11/2005!!! confused excel no end, mind you not as much as it confused me! just as well i remembered 30 days hath September, April, June ........etc

Link to post
Share on other sites

It would be 0.295 or 29.5 and hit the %.

if we're talking about the excel one i did you can just type 29.5 with or without a % sign - 0.295 wont work, it'll read that as 0.295%.

 

Glad you got it sorted echobabe - im sure i would have stared blankly at that for hours before i noticed!

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

Link to post
Share on other sites

if we're talking about the excel one i did you can just type 29.5 with or without a % sign - 0.295 wont work, it'll read that as 0.295%.

 

Glad you got it sorted echobabe - im sure i would have stared blankly at that for hours before i noticed!

Sorry Mindzai, I was talking about the ones I have in my chambers. They'll pretty much be the ones I'm supporting from now on.

 

Thanks.

[

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...