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    • Hi,   I need some advice in compiling a defence to a claim sent to me by Moriarty Law on behalf of JC International   The claim is dated 24 May 2019 and I have filed my intention to raise a defence to extend the period to 28 days today   They claim: The defendant owes the Claimant £1075.67 under a credit card agreement with JCIA dated 29/2/2008 and which was assigned to the claimant and notice of which was given to the defendant. Despite formal demand for the payment the defendant has failed to pay and the claimant claims £1075.67 and also claims interest thereonprsuant to section 69 of the county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £86.05   Amount Claimed 1161.72 Court Fee 70.00 Legal Costs 80.00 Total Amount 1311.72   In the pre litigation pack they sent to me (I have a copy as I sent by email) I asked for a copy of the CCA and also stated the debt was statute barred. To date all they have returned to me are statements of account that prove this is over 6 years old. The address they claimed I was at I had moved from long before those dates and my electoral roll supports this so I could have been found.    So my defence items are no CCA and Statute Barred - What is the best phrasing to do this? I presume I also do this at the last minute possible?   Thank you in advance
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hagenuk

What can I claim for?

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Just a quick question on what can be claimed for.

 

Got my statements recently and need to clarify a few points.

 

My statements contain entries like this.

 

INT TO 03JUN A/C XXXXXXXX 8.14

CHG TO 01JUN A/C XXXXXXXX 10.00

CHG TO 01JUN A/C XXXXXXXX 8.11

 

 

Now I think the top entry is interest charged on an arranged overdraft and cannot be claimed, but the other two entries vary by amount and are not present every month.

 

Some months the figures are as high as £40 and £25 respectively.

 

Can I claim these amounts as they are clearly charges?


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Ok, I have worked out what the final entry of the three I listed is. It's overdraft loanguard cover, so I guess I cannot claim that as it is not an unlawful charge.

 

This would mean that the first entry is interest charged on the overdraft, the second is the "service charge" and the third is as above. I intend to claim for the service charge only, unless somebody corrects me here...?


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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whoa......

 

What sort of account have you got?

 

Some RBoS accounts attract a charge and you can't claim that as you have signed up for a "service".

 

if you have a Royalties Account the service charge is now £12 but was £10 or £9

other accounts have various service charges.

 

Sometimes the charges are grouped together so an account charge might be £24 which would be £9 service + £15 charge

 

generally what you should be claiming is (todays rates earlier ones are different) refused direct debits (£38 ) overlimit fees (£28 ) referral charges (bounced cheques)(£30 ) plus any other excessive an unlawfull charges.

 

leave service charges and interest alone (unless theres a LOT of interest)

 

ps try to keep to one thread it makes it easier to follow you claim.

 

Dave


** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Hi

 

Thanks for the reply. It is a Royalties Gold Account and I am aware of the charge for the account, however, the amounts differ every month and some months are not present at all.

 

Along with my statement every month I also receive a single page that details other charges such as Maintenance Charge (often £0), Fee (now £12) Overdraft Interest and Overdraft Loanguard Cover.

 

The entry that confused me is printed as follows

 

CHG TO 01DEC A/C XXXXXXXX £XX

 

Where £XX can be anywhere between £3 and £40.

 

I can see where the service fee for the Royalties account has changed from £9 through £10 to £12 per month.

 

Accordingly I will amend my schedule of charges (not yet posted) to reflect only the remainder of the charge over the £9, £10 or £12 per month. It will take a while but the claim will still be over £4k, so worth it!

 

Many thanks once again


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Amended schedule of charges to reflect cost of Royalties Gold account, the amount is just over £4k now.


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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well what you waiting for..... go get em :-) :-)

 

the interest alone must be in the region of about £800-900

 

Dave


** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Interest, when I come to charge it, will be just under £900.

 

Prelim letter sent today.


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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