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    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • 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
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Why is no one claiming the contractual rate of interest???


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Are there any accountants here?

 

What would actually happen if a bank were to admit its charges were unlawful?

 

What would actually happen if a precedent-setting court were to rule the charges unlawful?

 

From the little I know about company accounting, it seems to me that the bank, or all banks in the case of a court judgement, would have to include the bank's liability in their financial results statements. My understanding is the directors of the bank cannot hide this or ignore it; they are legally obliged to inform shareholders of anything which may substantially affect the value of the company,

 

Tim

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Heads would roll because of all the claims they would be subject too.

 

Like the endowment miselling to mitigate their losses & their previous conduct they would probably be required to contact customers whom they had ripped off & invite them to submit a claim.

 

If that happened the shareholders would want blood on the carpet.

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Heads would roll because of all the claims they would be subject too.

 

Like the endowment miselling to mitigate their losses & their previous conduct they would probably be required to contact customers whom they had ripped off & invite them to submit a claim.

 

If that happened the shareholders would want blood on the carpet.

 

We can wish though!!!

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

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Nobody's head ever rolls up there. The worst that happens is that a bunch of fatcats take early retirement, with a disgustingly large golden a$$-kick. Not like Enron.

What I would like to see is a good old-fashioned mob marching on the City, with tumbrils & guillotines, etc. A few "resting" actors being dragged out and "beheaded" with the help of special effects guys. No real violence, of course, but maybe some soiled underwear in the NatWest Tower.

I think that's the nearest we'll ever get to them.

Cake, anybody ??

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Are there any accountants here?

 

What would actually happen if a bank were to admit its charges were unlawful?

 

What would actually happen if a precedent-setting court were to rule the charges unlawful?

 

From the little I know about company accounting, it seems to me that the bank, or all banks in the case of a court judgement, would have to include the bank's liability in their financial results statements. My understanding is the directors of the bank cannot hide this or ignore it; they are legally obliged to inform shareholders of anything which may substantially affect the value of the company,

 

Tim

 

You are broadly correct in your analysis. A general requirement to refund current and past charges to all customers would provoke accounting pandemonium. I am actually quite surprised that there hasn't been some comment on these lines in the financial press.

 

They key issue here is to get the Government to take the issue seriously. In my view unlawful bank charges are a far worse scandal than endowment or pension mis-selling. However, the powers that be seem to have the attitude that if they don't talk about the issue then it will go away. The banks' approach seems to be that if they quietly settle every claim without admitting liability and without it getting to court then they don't need to be concerned about their profits. The regulators in turn don't seem to be asking the questions they ought to be asking of the banks.

 

All this is why it is so important to encourage everyont to recleim their charges and why we need to campaign and lobby at the political level for this issue to be treated seriously. To do this we need to campaign effectively and be voical. It's also why a big turnout for the protest on 1 December is so important.

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We need their unlawful conduct to affect the share price. At which point we might be able to rely on the American Authorities taking some action. Their shares are traded on Wall Street & their regulators unlike ours ain't chocolate teapots that's for sure.

 

As for the press "he who pays the piper"

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here is link to my thread any help would be ace

 

Cank vs Halifax

 

Contains copy of banks defence against contractual interest and limitation act

Halifax - £2500

Legal & Trade - Webt to courtfor Breach CCA, Complained to OFT they ruled in my favour, So did court, 2k written off.

NatWest - Contactual Interest - Won:p

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ok some questions...

i went through my statements and pulled out all the charges, but ignored the interest charges. should i have also added the interest charges to the total?

 

can i wait until court claim and then claim the contractual interest instea dof the 8% if i havent tried to claim either beforehand?

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ok some questions...

i went through my statements and pulled out all the charges, but ignored the interest charges. should i have also added the interest charges to the total?

 

can i wait until court claim and then claim the contractual interest instea dof the 8% if i havent tried to claim either beforehand?

You can claim any portion of the interest they charged you that relates to unlawful bank charges. Tricky to calculate, but an estimate can be made, try the advanced spreadsheet in my Chambers if you want to.

 

Contractual interest can be claimed on the charges, and the interest on the charges, from your very first letter. See the notes in my Chambers for more info, or discussions further back in this thread.

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Gosh, I feel very privileged!

 

I've been living on overdraft for years - because of the banks' illegal charges. Therefore it's easy (I think and hope) to demonstrate that the contractural interest rate levied on my account is a financial loss I've incurred directly as a result of their charges - so I'm charging 16.9%, using Vampiress' recommended spreadsheet. It's demonstrable and straightforward and I don't have to get into arguments about reciprocity, possible millionaire widows who couldn't have waited to drag me to the altar, business opportunities, etc. which I don't think the courts would go a bundle on anyway because it's more than argumentative - it's speculative.

 

Of course, there is a further loss, which is the interest I've been charged on the rest of my borrowing, which has arisen as a result of their illegal (etc).

 

But that's another matter and would probably take me over £5K, so I think I'll do the 'political' thing - politics being art of the possible (according to the late, great Harold Wilson esq).

So - just the facts, ma'am.

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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using the basic spreadsheet, i replaced the figure int he interest box with 18.69%, natwests current authorised overdraft interest rate. was this the right way to calculate the different ammount of interest?

 

also has the spreadsheet automaticaly compunded and acrued the interest for me? or do i need to start all over again?

 

as i am claiming the interest with my charges can i also claim the 8% on top of that now i am gettin ready to file my claim in court or am i missing something? if the 8% is the value that is added because of having to go through court then should it not be added onto the original (including interest at 18.69%) claim?

 

 

(and sorry if im being annoying or asking dumb questions, i have read so much stuff that i cant make sense of anything anymore and id rather ask than mess it up alltogether)

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You can claim either statutory interest OR contractual interest, not both. The statutory interest is in place in case no contractual rate exists. You need to be able to argue the mutuality and reciprocity involved in the bank's contract with you to claim contractual rate.

 

There are more notes around the site and in my Chambers if you are interested in contractual interest.

 

As I'm not sure exactly which spreadsheet you are using, I cannot give any reassurance as to the calculations on it. Please clarify further.

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thanks Vampiress, I think iIam finally begin to understand the either or thing, I was forgetting that we claim for a daily rate each day after the claim is filed and thinking we stopped it on the date claim was filed.

 

I think im using the spreasheet no.2, I changed the interest amount in it from 18.2 to 18.86% to come up with a figure for an E.A.R. of 18.96%

 

However I think I may have to start again as I deleted extra rows and columns and now changing the date makes no diference to the claim ammount (which cant be right).

 

as a slight aside, am I right in thinking that the compounded part is the interest charged daily that increases as the interest is added to the initial charge, simple is a basic calculation that doesnt charge interest on the charge+interest but only on the basic charge, and contractual is simply the interest rate at which the bank charge us hence the mutuality and reciprocity? (I failed to understand interest types and calculations in maths at school too lol)

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thanks Vampiress, I think iIam finally begin to understand the either or thing, I was forgetting that we claim for a daily rate each day after the claim is filed and thinking we stopped it on the date claim was filed.

 

I think im using the spreasheet no.2, I changed the interest amount in it from 18.2 to 18.86% to come up with a figure for an E.A.R. of 18.96%

 

However I think I may have to start again as I deleted extra rows and columns and now changing the date makes no diference to the claim ammount (which cant be right).

 

as a slight aside, am I right in thinking that the compounded part is the interest charged daily that increases as the interest is added to the initial charge, simple is a basic calculation that doesnt charge interest on the charge+interest but only on the basic charge, and contractual is simply the interest rate at which the bank charge us hence the mutuality and reciprocity? (I failed to understand interest types and calculations in maths at school too lol)

Sorry, you've confused me completely, I'll PM you.

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I am claiming £2500 from NatWest and have been offered £1500.

 

I now intend to reject the offer and issue a claim online. I really cannot be fagged to work out the interest item by item on 100-odd charges over 6 years, so is it OK to say:-

 

1/ the average amount of my money NatWest had over the six years was half of the total £2500 I'm claiming;

2/ the average time they had it for was half of those six years (i.e. they had some of it for 6 years and some of it they've only just taken);

3/ the interest rate they charged was 18% most of the time

 

...and therefore I now claim 3 years' interest (= the average time they've had the money) on £1250 (the average amount they have had) compounded at 18%, i.e. another £804 (approx)?

 

Is an approximate calculation good enough for a SCC claim? As I see it they have had £3,300 off me if I include interest on that basis, so their £1500 offer is less than half what I have lost.

 

Also, does anyone have a rejection template? Maybe I am being a div, but I can't find the templates library anywhere.

 

TiA.

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I am claiming £2500 from NatWest and have been offered £1500.

 

I now intend to reject the offer and issue a claim online. I really cannot be fagged to work out the interest item by item on 100-odd charges over 6 years, so is it OK to say:-

 

1/ the average amount of my money NatWest had over the six years was half of the total £2500 I'm claiming;

2/ the average time they had it for was half of those six years (i.e. they had some of it for 6 years and some of it they've only just taken);

3/ the interest rate they charged was 18% most of the time

 

...and therefore I now claim 3 years' interest (= the average time they've had the money) on £1250 (the average amount they have had) compounded at 18%, i.e. another £804 (approx)?

 

Is an approximate calculation good enough for a SCC claim? As I see it they have had £3,300 off me if I include interest on that basis, so their £1500 offer is less than half what I have lost.

 

Also, does anyone have a rejection template? Maybe I am being a div, but I can't find the templates library anywhere.

 

TiA.

 

There is nothing to stop you making a claim on this basis but I really wouldn't recommend it, particularly if you are planning to use contractual interest. The claim should be supported by a reasonably accurate calculation and the spreadsheet templates have been written to make this as easy as possible. Claiming charges back is a serious undertaking and making a court claim is even more serious. You need to be prepared to attend court and explain your methodology to a district judge. I don't think the approach you are suggesting would impress him/her.

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To support what Seminole said, its always up to the claimant to prove their claim. The defendant has no obligation to prove you are wrong it may be useful to them but it is your responsibility to porve that your claim is just.

 

If you cant be bothered to work out the interest, and there are spreadsheets provided to help, then its a guess but you will probably struggle to prepare a case to argue, should your claim end up in court.

 

Of course it may not end up in court, but you should be always start out on the basis it will and be prepared to put the effort in.

 

My recommendation would be to omit the interest altogether unless you are prepared to put the work in to support your claim.

 

JMHO

 

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

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interest item by item on 100-odd charges over 6 years, so is it OK to say:-

 

1/ the average amount of my money NatWest had over the six years was half of the total £2500 I'm claiming;

2/ the average time they had it for was half of those six years (i.e. they had some of it for 6 years and some of it they've only just taken);

3/ the interest rate they charged was 18% most of the time

 

...and therefore I now claim 3 years' interest (= the average time they've had the money) on £1250 (the average amount they have had) compounded at 18%, i.e. another £804 (approx)?

 

Is an approximate calculation good enough for a SCC claim?

 

Provided you can show that the charges were evenly spread over the six years, then your calculation will deliver a result substantially less than the true amount (£800 instead of about £1200.)

 

Tim

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Ok guys Im a little confused here. I am about ready to send off prelim letter for parents. Ive completed the advanced spreadsheet.

 

Am I right in assuming that I just include in the prelim letter the total of charges (column D) and interest on penalty's (column Q) and nothing at the moment in the 8% sheet as this is when I might have to start small claims proceedure.

 

Cheers guys

 

Chuck

GRANT Vs NatWest

 

S.A.R. Sent 22.08.06

S.A.R.s Signed for 23.08.06

Recieved Statements Yr2000-2002 16.09.06

Non Compliance Sent 04.10.06

All Statements Recieved 18.10.06

Prelim Sent 23.10.06

Prelim Recieved 24.10.06

Prelim Reply Recieved 28.10.06

LBA Sent 8.11.06 / LBA Recieved 9.11.06

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Ok guys Im a little confused here. I am about ready to send off prelim letter for parents. Ive completed the advanced spreadsheet.

 

Am I right in assuming that I just include in the prelim letter the total of charges (column D) and interest on penalty's (column Q) and nothing at the moment in the 8% sheet as this is when I might have to start small claims proceedure.

 

Cheers guys

 

Chuck

 

That's right Chuck. The 8% interest is statutory interest which you can't add on until you file a court claim. However if you're interested in claiming contractual interest (which is the topic of this thread) then you can claim that from the beginning - in place of the statutory.

 

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

 

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Hi,

Can anyone check out my thread:

Business account over 19,000 in bank charges. How do I tackle this one?

and tell me which spreadsheet is best for me to use with regards to compound or contractual I have got two very diffrent amounts.

I really do not want to make any mistakes on this one as my claim is pretty big for a closed business account.

many thanks in adavance.

(I have posted on my own thread but it was suggested I post on this thread too to try and get some deffinate advice on this interest topic.)

17th august 06-claimed back 725.00 from HSBC in full (personal account)

28th august -just added up over 19,000 in business charges with husbands HSBC account! ABOUT TO START PROCESS OF RECLAIMING MONIES.

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Hi all - some help needed please.

 

MBNA is the only company I haven't yet sent a Prelim, because they were tardy in sending me my statements, and because the statements were set out in a way which made it difficult to calculate interest (no balances). Out of curiosity (as I wasn't thinking of claiming contractual) I've done the calculations using Vamp's excellent compounded contractual-interest spreadsheet. My Prelim to them will definitely use contractual. My six other claims are at LBA stage with no mention of contractual. I intend to revise them, as it would mean a potential £2,000 in extra interest.

 

BankFodder and others have said that it is best to start again with a Prelim as we should let the banks know we are claiming contractual from the start. I have heard one dissenting voice though, who argued that a revised LBA would be sufficient notice. I would prefer this latter option, as it would save two weeks. Any thoughts?

NEIL'S CLAIMS... Halifax - N1 being submitted 26/2 (£3055) Barclays - offered £540 - N1 due now (£1686) MBNA - SETTLED FOR £1,412.86 Barclaycard #1 - microfiche - complaint to Info Comm'r upheld, info now in - claim to be merged wth B'card #2 in LBA, due now (£800-ish) Halifax Visa - SETTLED FOR £1,067.43 Mint - refunded £427, pursuing remaining £179 contractual Marbles - SETTLED FOR £346

Mum vs Barclays - SETTLED FOR £1,200

Mum vs Abbey - court date 23/2 - SETTLED FOR £1,720.76 at last minute

Mum vs HSBC - SETTLED FOR £1,733

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