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

[Glenn UK]

jalex

 

Hagen isn't being arrogant, or at least i don't take it that way he has strong views, which oppose mine in this issue, but he has a point.

 

As you do too.

 

Its good for other people to post opposing views, makes us all think about our claims and the issues we need to be addressing.

 

I haven't seen your posts much but this thread doesnt seem dull or uninteresting, but i respect Hagen's views, they are honest and to the point, something to be valued.

 

Pliny isn't bad either,

 

thats enough blowing smoke if you get my drift.

 

JMHO

 

Glenn

[jalex_uk]

jalex

Hagen isn't being arrogant, or at least i don't take it that way he has strong views, which oppose mine in this issue, but he has a point.

As you do too. Its good for other people to post opposing views, makes us all think about our claims and the issues we need to be addressing.

Glenn

 

Glenn, well anyone who says "Thank goodness you came along when you did though - how stupid do we all feel now having done it so wrong all this time?" is being pretty arrogant and sarcastic IMO, but never mind. Maybe he's just got bad manners...

 

I love a good debate, and opposing views are very welcome as they further understanding and add perspective, but I don't like being put down, especially by someone who wants to criticise but seemingly isn't that interested in constructively discussing problems and solutions.

 

Anyway, peace. I didn't come here for an argument, but to work out how to claim back some £29k from my ex-bankers

[Guest bong]

And not forgetting ofcourse that there have been +6 year claims thrown out where banks have sent a cheque for the 6 years and the judge has refused to look at the unlawfulness of the charges when determining the limitation issue. It all seems to hinge on whether you can successfully reject a part-payment tendered without admission of liability for a refund of the charges/court costs/8%.

[Stornoway]

Jalex, I think its good that you are investigating new options but basing your claim on the Bank's Return on Capital is an absolute minefield. In any given year not all the Bank's profits are added to capital (capital requirements are about 12% of lending). In any year the Bank could use profits to; pay dividends, add to its capital base, launch a share buy back, complete an acquisition etc etc. Personally, I'm claiming CI on the basis for the same rate they have charged me on the basis that 1) I have been unable to repay debt elsewhere whilst they have my cash and 2) they are unjustly enrisched.

[Glenn UK]

Glenn, well anyone who says "Thank goodness you came along when you did though - how stupid do we all feel now having done it so wrong all this time?" is being pretty arrogant and sarcastic IMO, but never mind. Maybe he's just got bad manners...

 

Hagen can speak for himself im sure and i dont presume to do so, maybe it takes two to tango, but as you say youre here to get you charges back and nowt wrong with that.

 

I love a good debate, and opposing views are very welcome as they further understanding and add perspective, but I don't like being put down, especially by someone who wants to criticise but seemingly isn't that interested in constructively discussing problems and solutions.

 

Anyway, peace. I didn't come here for an argument, but to work out how to claim back some £29k from my ex-bankers

 

Bong has raised some interesting points too, one thing is certain the route you and others are choosing is not simple nor for the faint hearted.

 

JMHO

 

Glenn

[hagenuk]

Your arrogance is kinda breathtaking, along with your immediate nay-saying. I'm sorry I began discussing the idea here, as you obviously know best. The barrister I'm working with to develop this strategy begs to disagree with you too, but I doubt his professional opinion matters much to you.

 

Glenn, well anyone who says "Thank goodness you came along when you did though - how stupid do we all feel now having done it so wrong all this time?" is being pretty arrogant and sarcastic IMO, but never mind. Maybe he's just got bad manners...

 

I love a good debate, and opposing views are very welcome as they further understanding and add perspective, but I don't like being put down, especially by someone who wants to criticise but seemingly isn't that interested in constructively discussing problems and solutions.

 

It's not much of a discussion or debate when all you do is relentlessly proffer your own opinion and disregard that of anyone who questions you is it? As for arrogance and sarcasm, maybe you should consider what you have written above before casting such aspersions. You have made it personal, which usually indicates the last preserve of the desperate man. If you think I am wrong, then debate it but drop the insults, I have thick skin and broad shoulders.

 

The strategy you have suggested is deeply flawed in a number of key areas yet you refuse to accept that. There is a certain zeal to this thread and the enthusiasm is laudable but sorely misplaced.

 

You may make a claim for anything you wish, but it must have some legal basis to it, it must be recognisable in law and the remedy you seek must also be recognisable.

 

Perhaps you are being secretive and not revealing your full strategy here, but what you have revealed thus far is bound to fail.

[Pliny the Penuriosus]

It's not much of a discussion or debate when all you do is relentlessly proffer your own opinion and disregard that of anyone who questions you is it? As for arrogance and sarcasm, maybe you should consider what you have written above before casting such aspersions. You have made it personal, which usually indicates the last preserve of the desperate man. I'm sorry hagen site helper or no but I think your sarcastic post to jalex got the response it deserved If you think I am wrong, then debate it but drop the insults, I have thick skin and broad shoulders.

 

The strategy you have suggested is deeply flawed in a number of key areas yet you refuse to accept that.Then give us the argument There is a certain zeal to this thread and the enthusiasm is laudable but sorely misplaced. Why?

 

You may make a claim for anything you wish, but it must have some legal basis to it, it must be recognisable in law and the remedy you seek must also be recognisable. But it is surely just not against the banks yet

 

Perhaps you are being secretive and not revealing your full strategy here, but what you have revealed thus far is bound to fail.

I don't agree I believe the argument has some merit

[hagenuk]

I'm sorry hagen site helper or no but I think your sarcastic post to jalex got the response it deserved

 

No need to be sorry, as I have said I really don't mind. But it does indicate weakness and lack of sound legal arguments that he found it necessary to attack me personally and more than once.

 

then give us the argument

 

I already have. Read my posts again.

 

Why

 

http://www.consumeractiongroup.co.uk/forum/general/18313-why-no-one-claiming-75.html post #1488

 

But it is surely just not against the banks yet

 

I don't understand the point you are making here, please expand on this.

 

I don't agree I believe the argument has some merit

 

And I don't agree that it has any merit whatsoever, yet for some reason I am to be castigated for my view, yet you permit yourself to air yours - consider why that is.

 

If words on a screen are considered arrogant and sarcastic and can elicit this sort of wounded response, then I would have to wonder how you will fare in front of a legal team from a bank or a Judge. You will learn about a whole new kind of arrogance and sarcasm which gets charged at several hundred pounds per hour.

 

If you have some ideas about how to make a claim for an account of profits I'd be keen to hear them, let's try to keep this on track as we have a common enemy here.

[2gr82btrue]

I Have Recieved A Notice Of Claimants Application And 10 Minutes Has Been Allowed...... Is This To Justify My Charges?

I Have Sent Bundles To The Court And To Abbey....... Was This A Little Premature

[2gr82btrue]

I Applied For Ci And Asked The Judge For His Consideration.....

[2gr82btrue]

i HAVE JUST SPOKEN TO THE COURTS AND THE TIME IS TO ALLOW THE JUDGE TO GRANT PERMISSION FOR THE AMENDMENT. SO WITH THAT I NEED TO PROVIDE JUSTIFYABLE REASONS FOR APPLYING FOR COMPOUND INTEREST

[2gr82btrue]

Right...... I Would Appreciate Others Arguments I Can Use To Put Along With My Documents In The Hope Of Having A Reasonable Chance Of Being Considered For Ci....... Has Any One Else Been Through This And Was Granted Permission To Continue...... If So Please Please Contact Me.

[Guest bong]

can you be a little clearer - did you submit a claim and then apply to amend it to add in contractual interest?

 

if so, what reasons did you put in your application?

[2gr82btrue]

My Initial Claim Was A Little Basic And I Asked For It To Be Amended By The Courts. The Interest Had Been Miscalculated And I Asked For The Judge To Consider Ci. I Am In Receipt Of Council Benefits And The Bank Has On Occasion Left Us With Nil Monies Afteer Taking Out Charges Etc.....did I Do The Right Thing......so Now I Suppose I Will Have To Justify My Application For Ci.... Have You Any Suggestions On Docs To Provide, Etc....

[2gr82btrue]

I Provided A Bundle To The Court With All The Rel Docs But I Suppose I'll Have To Provide Another Just Based On The Charges Alone ...... Is That Correct...... Any Ideas??

[Guest bong]

how did you ask the judge to consider CI? presumably you set out your reasons on the application?

 

sorry I don't follow what you mean about a bundle based on the charges alone.

[2gr82btrue]

I Did..... It Was All Set Out On The N1....my Original N1 Was Amended Due To Lack Of Information. So The Amended N1 Has Loads Attatched To It Including Ci .... So When I Attend Court Next Month I Will Be Asked (i Assume0 To Provide My Reasons For This? Am I Wrong..... Im Confused Now...

[Guest bong]

what wording did you use for your CI claim?

[2gr82btrue]

I Sent A Statement Of Evidence Form And Relevant Case Law. I Was Advisedto Ask The Judge To Firstly Consider 28.7, 16.9 And Then Finally 8% Based On Abbey's Unauthorised Interest Rates.

[Guest bong]

ok, but what wording/reasoning/case law did you use?

[2gr82btrue]

Lets Start Again ... What Wording Should I Have Used.....i Prob Have Used Them But I Need To Know What U Think And If Im Going In The Right Direction At All

[doo]

bong, if you are around would appreciate your advice. Claiming charges and CCI from cap one, issued court claim, received letter offering to pay me charges, 8%, total purchase interest paid on account in last 6 years and court fee, leaves my claim short of just under £1,000. Now they have repaid my credit card without me accepting this either verbally or written and sent me a balance by way of a cheque. Now I have wrote back saying they have not paid the full claim and the claim will continue have rejected funds that have been paid on my card and am planning to send the cheque back. I want to keep my claim intact but am struggling I think because of the credit card being paid up.

[Aoife]

Personally, I don't consider 8% enough compensation considering what the bank would have made on my money so i am claiming 16.9. However the trouble is we have no figure for how much money the bank has made out of the use of our money do we but I bet it's more than 8%. If I don't put 8% as an alternative on my N1 do i run the risk of getting no interest at all?

Aoife

[mistie]

well i am charging goldfish the 17.9% they have charged me.

 

will keep you all updated.

[Guest bong]

bong, if you are around would appreciate your advice. Claiming charges and CCI from cap one, issued court claim, received letter offering to pay me charges, 8%, total purchase interest paid on account in last 6 years and court fee, leaves my claim short of just under £1,000. Now they have repaid my credit card without me accepting this either verbally or written and sent me a balance by way of a cheque. Now I have wrote back saying they have not paid the full claim and the claim will continue have rejected funds that have been paid on my card and am planning to send the cheque back. I want to keep my claim intact but am struggling I think because of the credit card being paid up.

 

hi doo, have they paid the 8% that has accrued since you issued the claim? If not, and this goes to court, you have a valid reason not to have settled and withdrawn your claim. I think I have seen cases of Cap One paying CI so it seems likely you will get it. You might want to check the cases already won.

 

I'd be interested to see the figures credited to the account and paid by cheque compared to the breakdown of your claim, just to see if there are still charges/dr interest/court costs still outstanding if you are forced to accept the account credit part.

 

The only other thing I can think of is that you could inform the court that as their payment into your account was made without admission of liability, did not fully satisfy the claim and was made without your prior agreement, you saw fit to accept it on your terms i.e. you applied it against the oldest charges and the CI on them.