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

[BigFatGreedyBanker]

Oh, and I've never been an independent adjudicator either, that was just a vicious rumor.

[TANZARELLI]

Come on guys we have a duty to welcome new members, I know you were all jesting but, how would you like it if it was on the other foot.

[brickwall]

has anyone help me get started to claim my bank charges that are owed to me a letter to get me started to send to my bank would be great for me to print off on my computer please

[BigFatGreedyBanker]

If you check in the site's FAQ section and libraries its all in there.

 

HTH

[brickwall]

how do you get a letter to send to the bank to claim my bank charges and interest back please reply asap

[TANZARELLI]

has anyone help me get started to claim my bank charges that are owed to me a letter to get me started to send to my bank would be great for me to print off on my computer please

 

 

Read these: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Then these: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

HTH

 

Tanz

[sn00psmum]

Hi Brickwall

 

Do you have your statements? If so you need to put all the charges into a spreadsheet which you would then send with the PRELIM letter. You can find a template for this letter (and all the others) here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

The prelim is the 2nd letter in the list. If you don't have your statements you need to send the SAR letter which is the first in the library.

 

If you've any questions just ask, everyone is really helpful and friendly here. You should start your own thread for your claim as you'll get answers quickly then and we can all keep track of how you are doing and what stage you're at.

 

The important thing is to read as much as you can and ask lots of questions.

 

Hope that helps!

SM:p

[photoman]

has anyone help me get started to claim my bank charges that are owed to me a letter to get me started to send to my bank would be great for me to print off on my computer please

 

Brickwall,

Welcome !!

Here's a good starting point.

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

 

You'll find all the templates you need here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

You'll also find this very useful;

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

You'll then need to start your own thread.

 

You will then get more specific advice to your own case, and be able to keep a track of how it's going by viewing just one thread instead of skirting around lots of threads trying to find your posts and answers.

 

1/ Go here.

http://www.consumeractiongroup.c o....group-against/

 

2/ Find your Bank, click on the bold blue name of Bank

 

3/ Go to the bit that says "Forum tools" and click on it.

 

4/ Click Subscribe to Forum. It will ask you how often you want to recieve updates ( daily I found is best)

 

5/ Then it will redirect you once you've subscribed.

 

6/ then click on "Forum tools" again, and choose "Post new thread"

 

7/ Give your thread a title eg: "brickwall vs whatever bank", and then make a post.

 

This particular thread is in regards to discussions about Contractual interest only, and to avoid it getting cluttered with lots of questions about other subjects, please don't post questions about anything other than that. Thanks

[TideTurner]

BFGB, apologies and welcome, a little gentle humour to break up the serious task at hand

[photoman]

BFGB, apologies and welcome, a little gentle humour to break up the serious task at hand

 

BFGB

Yes,your very welcome, please I hope my initial question did not appear rude, it's just that care needs to be taken.

I would suggest that even if you don't change your name, you do at least change your location....."at the Bank" does suggest you may work there !!

[Guest Battleaxe]

Leave him alone you lot. At least the initiation is over and welcome to the site BFGB.

[TideTurner]

Anybody looking at ITV now? Shared Appreciation Mortgages - CCA 1974 agreements

[nicemotor]

Hi all sorry to extend this thread any further but, My bank[woolwich] has sent me a schedule of charges, they haven't included interest charged on them can i still just charge them their interest rate[contratual] on the charges ? And is there a spreadsheet to do this compounded ?

[LEECHTHEBREACH]

You need to write back to them and tell them that you want the statements, when you have them you can use this spreadsheet

http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

 

use this as you see fit

 

Data Protection Act

1998 Subject Access Request

Letter Before Action

Dear Sirs,

Account Number: 05 Sort Code: 30-98-21

Re: Mr P.

You have failed to comply with Section 7 of the above Act, and my letter dated 16th January 2007.

It is now 51 days since my request and as you are well aware this has far surpassed the statutory 40 day period.

If you do not comply within the next 7 days, I shall seek a Court Order obliging you to do so together with damages at the discretion of the Court and without any further notice.

I also will be making a formal complaint to the Information Commissioners Office, that you are not complying with the above Act.

yours faithfully,

Leech

[Glenn UK]

You need to write back to them and tell them that you want the statements, when you have them you can use this spreadsheet

http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

 

use this as you see fit

 

Data Protection Act

1998 Subject Access Request

Letter Before Action

 

Dear Sirs,

 

Account Number: 05 Sort Code: 30-98-21

Re: Mr P.

 

You have failed to comply with Section 7 of the above Act, and my letter dated 16th January 2007.

 

It is now 51 days since my request and as you are well aware this has far surpassed the statutory 40 day period.

 

If you do not comply within the next 7 days, I shall seek a Court Order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

I also will be making a formal complaint to the Information Commissioners Office, that you are not complying with the above Act.

yours faithfully,

 

Leech

 

As a point of info you are not entitled to the statements under the DPA. You are entitled to know what data they have and this can be supplied in the form of statements but doesn't have to be.

 

If the data is incomplete or is unintelligible then that is a different matter.

 

HTH

 

Glenn

[photoman]

Just been doing some research on Contractul interest:

 

Has anyone looked into the following cases?

 

Both won in favour of the Claimants right to claim Compounded Contractual interest.

 

Sempra Metals v IRC [2005] EWC civ389

 

&

 

Banque Financiere de la cite v Parc (Battersea) ltd [1999] AC221

 

 

 

Do a Google on them, and have a read through

 

Any comments anyone ??

 

 

Photoman

[LEECHTHEBREACH]

Glenn will you please stop nit picking. I have used that letter to good effect on more than one occasion. Do you really think that the banks know the Law or more so the Data Controller as well as we do?

If even they do that letter works.

Thanks photoman for that info, just what I wanted as I am in dialogue with Dg solrs about precisely that issue.

Leech

[photoman]

Glenn will you please stop nit picking. I have used that letter to good effect on more than one occasion. Do you really think that the banks know the Law or more so the Data Controller as well as we do?

If even they do that letter works.

Thanks photoman for that info, just what I wanted as I am in dialogue with Dg solrs about precisely that issue.

Leech

 

Your welcome.... but usual disclaimers !

I really just came across and threw these cases in for a bit of debate.

So before anyone starts citing and using them, we need to know whether they would be strictly comparable and helpful to our own course of actions.

Maybe wait for some input and opinions from peeps on site?

[TANZARELLI]

Glenn will you please stop nit picking. I have used that letter to good effect on more than one occasion. Do you really think that the banks know the Law or more so the Data Controller as well as we do?

If even they do that letter works.

Thanks photoman for that info, just what I wanted as I am in dialogue with Dg solrs about precisely that issue.

Leech

 

I don't think Glenn was nit picking, merely passing on info.

 

Tanz

[LEECHTHEBREACH]

Tanz I will not rise to the bait, leave it at that.

Photoman I have quickly read through the cases, and as a starter

it seems the main points are : they are formulating there claim for "restitition and for compensation for damages".

The amount of restitution remedy would be equal to the interest which the Claimant could have obtained from the use of the money.

Which surely the cat (or cag!)fits with relation to our claims.

Leech

[photoman]

Tanz I will not rise to the bait, leave it at that.

Photoman I have quickly read through the cases, and as a starter

it seems the main points are : they are formulating there claim for "restitition and for compensation for damages".

The amount of restitution remedy would be equal to the interest which the Claimant could have obtained from the use of the money.

Which surely the cat (or cag!)fits with relation to our claims.

Leech

 

Leech

I have an Oxford press book on the laws of restitution on my PC in pdf format, which explains the laws about this. It appears that there are some common precedents that set how and when these rules are applicable. Unfortunately the document does not allow for copy and paste to paste you the relevant sections here, but if you PM me with your email, I will send it to you and highlight the relevant passages (if anyone else looking in here wants it, you can PM me also) .

[BigFatGreedyBanker]

I've decided to go for CI - Can someone point me to some kick*** wording for my pre-lim please. Do I just use the standard pre-lim with an extra bit?

 

Do I need to justify why I think I'm entitled to CI at this stage? i.e. fairness and balance etc.

 

Also, if I use the fairness and balance argument in the pre-lim (If its needed) can I choose to use a different argument in court/POC?

 

Thanks.

[Glenn UK]

Leech

 

if you don't tell people what the law says when they fall flat on their arse as a result it will in part be your fault. It could also be extremely embarrassing not to say costly if it were to happen over legal proceedings.

 

Its not nitpicking to explain what someone is entitled to ask for especially when they are threatening to sue someone over the issue.

 

As to whether it works or not, its an elephant, they supply the info in that format because its convenient, not because they got your letter.

 

As to whether they know the law as well as you do, i sincerely hope they do, because it will make the lives of those who do have a notion of what they are entitled to, a good deal easier.

 

No offence.

 

Glenn

 

 

Glenn will you please stop nit picking. I have used that letter to good effect on more than one occasion. Do you really think that the banks know the Law or more so the Data Controller as well as we do?

If even they do that letter works.

Thanks photoman for that info, just what I wanted as I am in dialogue with Dg solrs about precisely that issue.

Leech

[LEECHTHEBREACH]

Glenn

"As a point of info you are not entitled to the statements under the DPA. You are entitled to know what data they have and this can be supplied in the form of statements but doesn't have to be.

 

If the data is incomplete or is unintelligible then that is a different matter".

 

You are totally wrong here they are holding documents that have been previously sent to you and under the DPA you are entitled to exact copies of those, period.

if you don't tell people what the law says when they fall flat on their arse as a result it will in part be your fault. It could also be extremely embarrassing not to say costly if it were to happen over legal proceedings.

Now for pete,s sake, talk about hyperreal here, even if I was wrong we are talking about a SAR!!!!!!!!!!!

As to whether it works or not, its an elephant, they supply the info in that format because its convenient, not because they got your letter.

well they need to be reminded that it is not good enough because you cannot fill in the spreadsheet properly because you do not know what o/d you were in at a particular time which is why I suggested sending that letter in the first place

As to whether they know the law as well as you do, i sincerely hope they do, because it will make the lives of those who do have a notion of what they are entitled to, a good deal easier.

Firstly this sounds de dicto or perhaps semantic or may be devils advocate?

Leech

 

[LEECHTHEBREACH]

BFGB

this one I wrote yesterday

I am writing to ask you to refund the charges which you have levied

from my account over the last 7 years.

I now understand that the regime of fees which you have been applying

to my account in relation to direct debit refusals, exceeding overdraft limits and so

forth are unlawful at Common Law, Statute and recent consumer regulations.

If you say they are not, then will you please demonstrate this by letting me have a full

breakdown of costs to which you have been put to as a result of my breaches, in order

to re-assist me that your penalties do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties

are considered to be unfair per se by the OFT,who reported on the 5th April 2006, and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

I also refer you to the Whistleblower program shown on BBC 2 on the 21st March, where one of your managers admitted to the charges costing £1.50.

I would draw your attention to the terms of the contract which you agreed to at the time I opened my account. It is an implied term of that contract that you would conduct

yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that that you have operated my account in this way as I had always reposed confidence in you integrity and expertise as my fudiciary.

Page 2 Request for repayment of bank charges

I consider that your repeated representations that your charges are fair and reasonable

are deceptive and that you have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

.I calculate that you have taken £1278.59 which includes the interest paid on the charges at your advertised overdraft annual rate of 9.9% plus £458.89 which is the interest owed due to the charges, since 07/06/1999. Total £1737.53.

The unauthorized overdraft rate is 27.5% which totals at £3174.28

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

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you prefer to do this than respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively within this time period, I will send you a letter before action, giving you 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yourselves.

After that there will be no more communication from me and I shall issue a County Court claim after the expiry of the second deadline.

Yours faithfully,

Leech

I explain the charges more fully in my LBA.