Jump to content


  • Tweets

  • Posts

    • The "grief tech" firms helping users create talking avatars of their dead relatives.View the full article
    • I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
  • 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

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 4796 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

They operate on a % of the bill which can differ from draughtsman to draughtsman. An assessment before a costs judge can be £600......unless you do it yourself.

 

You can also ask for the costs of the assessment

Link to post
Share on other sites

  • Replies 2.1k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Happy New Year Hope et al,

 

I have been talking it over with O/H and he thinks I should claim the 16.9 % back instead of asking for the 24.5%

 

Any thoughts ?

O/H theory is they are likley to settle more quickly if they deem me to be playing fair ?

 

I think I should hit them with the lot !

 

If anyone can share their views /answers to my interest question that would be great.

 

 

HAPPY NEW YEAR :D

 

2007 is going to be OUR year !!

 

Your O/H IS WRONG...VERY WRONG...so WRONG in fact, that he is WRONGer than a WRONG un!...lol:lol:

Banks don't want to pay out ANYTHING.

...They have a legal duty to maximise profits for their shareholders!whacky084.gif

 

 

Just show/explain the following posts/links to your O/H and ask him whether or not he knows of any other investment where he can get a return(...e.g. 24.9% APR in the case of Nationwide) if he settles for LESS than the FULL Daily Compounded Unauthorised O/D Contractual % Rate in your Claim?!

 

http://www.consumeractiongroup.co.uk/forum/general/54573-new-january-rules.html (#4)

 

http://www.consumeractiongroup.co.uk/forum/general/54212-do-i-have-accept.html (#18+#19)

 

http://www.consumeractiongroup.co.uk/forum/nationwide/54093-have-nationwide-ever-gone.html (#2+#9)

 

Indeed, it could be an argued that instead of persuing a Claim as quickly as possible, the longer that it takes the Bank to settle in FULL, the greater the return!!!...IMHO

Link to post
Share on other sites

Providing you have given notice that you dispute their charges, and have made all reasonable efforts to let them settle, charge tha higher rate. They did it to you, why not do it to them? Believe me, they wouldn't blink if they thought they could make money out of you.

 

MilkTrayMan is correct, the longer it takes, the more you will receive, can't get a better investment than that!

Link to post
Share on other sites

And FWIW

 

Being reasonable is applying the terms of the contract, nothing more nor less.

 

If you used their money without their prior permission they charge you the unauthorised OD rate.

 

The whole basis of the argument of reciprocity only works if you do unto them as they have done unto you.

 

So you have no real choice in the rate to apply IMHO and this is a legal argument not an argument about making money on your claim which you cannot set out to do beyond what the contract would permit.

 

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

Happy New Year Glen UK!

 

not a wishy washy argument about making moeny on your claim which you cannot set out to do beyond what the contract would permit.

 

Glenn

 

Methinks U R preaching to the converted here?!

In hindsight, perhaps the word "investment" was the wrong one to chose.

However, it gives a good correlation so as to help thereshope! to explain to and counteract her O/H's perceivement of the merits of holding out for the FULL Daily Compounded Unauthorised O/D Contractual Interest % Rate.

Theoretically speaking...

If a Claimant can afford to and has no immediate need for the monies that were taken unlawfully to pay any other debt off, then,

subject to no future changes in legislation and bearing in mind the 6yrs Claims Limitation Deadline

(...which STARTS from when the Claimant 1st becomes aware of the unlawfulness of the whole Bank Charges thing...i.e. When the OFT made it's public statement last year!...IMHO),

the Claimant could delay making a Claim for another 5yrs and receive the FULL CC % Rate for the whole of that period?!

Ergo...INVESTMENT as the consequential loss claimed for that period would out perform any other pro rata "Blue Chip" portfolio!!!

Obviously the Claimant always takes the risk in the of legislation changing or a Test Case closing the whole Re-Claiming of Bank Charges process in the time of NOT Claiming asap.

Hope this helps to clafify any confusion?!

Link to post
Share on other sites

MTM

 

Sorry if my comment was seen as a dig, it wasn't meant to be.

 

But you do have a point, however, one should always bear in mind that the award of interest, should the claim come to court, is always at the discretion of the court.

 

So even though an individual may have the right to proceed with their claim at a time of their choosing within the 6 year period it may be that the courts would be reluctant to award contractual interest/any interest if they chose to leave the claim so long after they claimed they knew or could reasonably have known about the potential claim.

 

Its also worth considering that the limitation period starts running as you said, i am not entirely confident that a court would see it your way though.

 

As much as ignorance of the law is no defence, it works the other way round too i believe. Of course this is a matter that would need to be tested in court for anyone to give a definitive answer (unless there is definitive case law which someone knows about) and so we can only theorise about the issues.

 

Glenn

 

PS happy new year to one and all too.

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

Yes, I think the use of the word "investment" here must be seen as very lightly applied, and I agree that there is potential danger in deliberately delaying one's claim for no other reason.

 

I am unable to claim anything substantial at present due to an IVA in place, so I would hope that will be sufficiently good reason for my delay. However, I am spending this time annoying people here, researching my future claims.

 

I think, if we can show that we have taken a reasonable amount of time in researching our claims, then as lay individuals we should not be penalised for so doing. We just have to make sure that it will be seen as reasonable, I reckon.

Link to post
Share on other sites

I need a quick answer please.

 

I have tried both Vampiress's and Mindzais compound interest sheets but they come up with different figures.

 

Can someone please tell me which one is more reliable and just quickly work this figure out so i can see which one seems to give the correct answer.

 

£10 charge on 26/06/2000

The interest rate i am using is 34.9%

 

I would very much appreciate a quick answer if poss

 

Cheers

 

Paul

Link to post
Share on other sites

out of curoisity which one of vamps sheets are you using? some of them only calculate simple interest.

 

using mindzais sheet i get 58.77

using one of vamps early sheets 22.77

 

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

I havent used any of the sheets from vamps chambers, whats the difference between the two values?

 

Could it just be the effects of rounding?

 

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

Sorry, I might be too late here. The lower value on Mindzai's sheet is technically correct (remember "War & Peace" Glenn ?), as it correctly works out the interest from the APR/AER rate, by firstly calculating the actual annual percentage used in arriving at an APR/AER.

 

Vamp's sheets don't do this, and thus yield a higher figure. She is, I believe, of the opinion that the additional calculation in Mindzai's sheet is technically more than we should be reasonably expected to make. I bow to her opinion of this because:-

 

a. She's a mod; :cool:

b. I'm now helping out as "Batty Bill" in her chambers, and wouldn't DARE squeak up against her !! :eek: ;

c. We get to claim more, as the actual annual rate is always lower than the APR/AER. So ignorance is bliss. :)

 

An AER of 34.9% equates to an actual annual rate of 29.95%.

 

The lower rate from the simple sheets in the library is just simple interest @ 34.9%, and is, of course pants.

Link to post
Share on other sites

Sorry, I might be too late here. The lower value on Mindzai's sheet is technically correct (remember "War & Peace" Glenn ?), as it correctly works out the interest from the APR/AER rate, by firstly calculating the actual annual percentage used in arriving at an APR/AER.

 

Vamp's sheets don't do this, and thus yield a higher figure. She is, I believe, of the opinion that the additional calculation in Mindzai's sheet is technically more than we should be reasonably expected to make. I bow to her opinion of this because:-

 

a. She's a mod; :cool:

b. I'm now helping out as "Batty Bill" in her chambers, and wouldn't DARE squeak up against her !! :eek: ;

c. We get to claim more, as the actual annual rate is always lower than the APR/AER. So ignorance is bliss. :)

 

An AER of 34.9% equates to an actual annual rate of 29.95%.

 

The lower rate from the simple sheets in the library is just simple interest @ 34.9%, and is, of course pants.

 

Thx

 

So, you are now me, what sheet do I use !!!!!!!!!!!????????!!!!!!!!!!

Link to post
Share on other sites

Thx

 

So, you are now me, what sheet do I use !!!!!!!!!!!????????!!!!!!!!!!

Much as I respect Mindzai's precision, I prefer the imprecision that we are apparently allowed, and I use Vamp's Google spready - the Vamp's Recommended one !!

 

If I'm you, Paul - then that's what you're using !!!

 

:)

Link to post
Share on other sites

ROfl

 

I will try to remeber to be less 'precise' than i have previouisely been with all future claims!!

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

 

If I'm you, Paul - then that's what you're using !!!

 

:)

 

Watch out for those splinters whilst sitting on that fence Bill !!!!! LOL;), but I am going with Vampiress's sheet. Its more money and when I win, the site gets more money in donation !!!!

Everyones a winner

 

Thx for your help Bill

 

Paul

Link to post
Share on other sites

Paulwilko, ignore this if you're not remotely interested and/or not mathematically minded, but I got the feeling from your healthy persistence that you might want to know the exact reason why Mindzai's and Vampiress' spreadsheets give different results for compound interest. Both work out the compound interest on a charge, C for N days as C x (1+DR)^N - C

 

But FWIW the difference is the way they calculate the Daily Rate (DR). Given an APR of i% there are two ways of calculating the daily rate which you then apply compound to a charge :

  • precise (Mindzai) Daily Rate = (1+i)^(1/365)-1
  • approx (Vampiress) Daily Rate = i/365

The approx is reasonable because the Binomial series expansion is :

(1+x)^n = 1 + nx + n(n-1)/2!.x^2 + n(n-1)(n-2)/3!.x^3 + ……….

When x is small, only the 1+nx is significant. Hence (1+i)^(1/365) ≈ 1 + i/365. Hence Mindzai and Vampiress are both right - and not for the first time !!

 

I'm dying for Abbey to challenge my calculation !!! Regards Mad Nick

PS With PM assistance from Mindzai and Bill-K - thanks to both.

Abbey £8370 settled 17 Apr 07

Link to post
Share on other sites

Paulwilko, ignore this if you're not remotely interested and/or not mathematically minded, but I got the feeling from your healthy persistence that you might want to know the exact reason why Mindzai's and Vampiress' spreadsheets give different results for compound interest. Both work out the compound interest on a charge, C for N days as C x (1+DR)^N - C

 

But FWIW the difference is the way they calculate the Daily Rate (DR). Given an APR of i% there are two ways of calculating the daily rate which you then apply compound to a charge :

  • precise (Mindzai) Daily Rate = (1+i)^(1/365)-1
  • approx (Vampiress) Daily Rate = i/365

The approx is reasonable because the Binomial series expansion is :

(1+x)^n = 1 + nx + n(n-1)/2!.x^2 + n(n-1)(n-2)/3!.x^3 + ……….

When x is small, only the 1+nx is significant. Hence (1+i)^(1/365) ≈ 1 + i/365. Hence Mindzai and Vampiress are both right - and not for the first time !!

 

I'm dying for Abbey to challenge my calculation !!! Regards Mad Nick

PS With PM assistance from Mindzai and Bill-K - thanks to both.

Whoooaaaa !!!!!

Now I have a headache !!!!

 

Bill, I am glad your A@@ is a lot happier, but my head was done in with thath post.

 

Nick, I very much appreciate you helping but I did not understand any of the formulas !!

Do i need to ? or shall I just use the sheet ?

 

Thx

 

Paul

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...