Jump to content


  • Tweets

  • Posts

    • Nick Wallis has written up the first day of Angela van den Bogerd's evidence to the inquiry. I thought she was awful. She's decided to go with being not bright enough to spot what was happening over Fujitsu altering entries on the Horizon system, rather than covering up important facts. She's there today as well. The First Lady of Flat Earth – Post Office Scandal WWW.POSTOFFICESCANDAL.UK Angela van den Bogerd, on oath once more It is possible that Angela van den Bogerd and her senior colleagues (Rodric Williams, Mark Davies, Susan...  
    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
  • Recommended Topics

  • 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

PPI Compound Interest Spreadsheet - Monthly Card payments


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2598 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

  • Replies 61
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi ims21 and others

 

OK - so the two methods are different... but how come the FOS Compound Interest Spreadsheet exists if they (the FOS) are not going to award compound interest? Is this actually their spreadsheet (FosCISheet v101.xls)?

 

You see, I'm confused. You say damages in restitution can only be awarded by a court - I get that. But this spreadsheet is supposed to calculate compound interest on "the regulatory method". It doesn't ask about full account balance - it just asks for the rate of interest, charge made and calculated the number of months elapsed and does the compound interest calculation. Isn't that what I said earlier? No mention of running balances. It shows £38 in July 1999 at 17.66% APR as now owing £365.79.

 

So, do FOS use this, or not? And if so, I wonder why they are not using it on my account - because if they were, they wouldn't say that the CCC's offer of £0.00 tax on £38 from July 1999 is 'fair and reasonable".

 

It could be that the whole thing hasn't yet 'clicked' in my mind, but I cannot understand why the FOS thinks the CCC's offer of £10,080 is fair and reasonable. Under calculations using their own spreadsheet, I get the figure to £32,666 - so the CCC are a bit out.

 

Sorry if I keep banging on about the compound interest, but it's because I think it's the crux of the matter. The 8% simple when the account was in credit is actually a small amount in comparison.

 

Thank you for your help and patience.

 

Best wishes,

 

Neil

Link to post
Share on other sites

fos do award compound interest but it is calculated to compound monthly.

 

fosCIsheet is used where not all statements are available and will give a best estimate in the absence of all statements. You do still need to know what your ppi payments were.

 

fosRunning is used where all statements are available as it will reconstruct the account with revised balances and work out the 8% on any month where the account falls into credit.

 

To get to your £32,000, explain how you have entered data into which spreadsheet. If you have used fosCISheet, what date have you set the "claim to" date to?

 

Link to post
Share on other sites

To get to your £32,000, explain how you have entered data into which spreadsheet. If you have used fosCISheet, what date have you set the "claim to" date to?

 

I have created four spreadsheets.

 

No 1 covers the period for which neither the CCC or I have statements, BUT we both accept the card start date (October 1994) and we both accept that by July 1999, PPI premiums had reached £38.71 - the first "actual" figure we have. The CCC have conveniently disregarded this almost five years of PPI payments as 'missing'. I propose that we take the first known amount (£38.71 in July 1999) and divide it by the number of 'missing' months, i.e. October 1994 to June 1999 inclusive, i.e. 56 months.

 

£38.71 / 56 = 0.69p. So I then propose to start at 0.00 in month one, adding 0.69 every month for 56 months until we get to the actual figures kicking in. I can't think of a fairer way to estimate the 'missing' months - and I certainly don't think it's fair or reasonable to acknowledge their existence but to discount them totally because we don't have 'real' figures.

 

This spreadsheet attracts 17.66% interest (the contractual rate as informed by the CCC) up to today's date, because they haven't repaid it yet. BTW the account was only finally closed in Summer 2011, not 2008 as I said last night in dreamy stupor. My final balancing payment was made at the end of April 2011.

 

No. 2 covers the period of actual figures from July 1999 to the start of my debt management plan in September 2002. This also attracts the interest rate of 17.66% and is claimed to today's date, as it hasn't yet been paid.

 

No. 3 covers the time during my debt management plan when the CCC continued to charge PPI, apart from on a handful of months. I have applied an interest rate of 4% to this spreadsheet because I believe interest was being charged but at a reduced rate to reflect the DMP (!). This too is claimed to today's date.

 

And finally No. 4 covers the period after the DMP had finished, when the whole £12k original debt had been repaid but during which the CCC demanded a further £6450 in unpaid PPI and interest from during the DMP. I have associated an 8% interest rate for this, as the account would have been well into credit if the PPI had not been applied, and indeed those payments should never have been made in the first place.

 

Does this sound logical?

 

I then totalled the totals from each of the four spreadsheets, and get to then figure of £32666.

 

Hope this makes sense!

Link to post
Share on other sites

Ok

 

Three things spring to mind.

 

First, while your calculation of the missing period PPI seems logical, you may not get this awarded to you in the absence of evidence.

 

Second, if you are using a pure compound interest sheet which compounds daily then you should consider using the fosCIsheet which compounds monthly since that is the way the contractual interest is applied to the account and is the basis on which it would refunded.

 

Third, if you have your "claim to" date set to now then you need to change that to the date the PPI stopped being paid or, if it was charged to the account right up to the date of closure then the closure date.

 

Link to post
Share on other sites

First, while your calculation of the missing period PPI seems logical, you may not get this awarded to you in the absence of evidence.

 

I understand - but the evidence is clear - the card was opened on 17th October 1994 - fact - and by 26/7/1999 the PPI payments had reached £38.71 - fact. Both documented. The estimated amounts are best guess, but to dismiss them completely would be a gross miscarriage of justice in favour of MBNA (whose software error "lost" the data in the first place).

 

Second, if you are using a pure compound interest sheet which compounds daily then you should consider using the fosCIsheet which compounds monthly since that is the way the contractual interest is applied to the account and is the basis on which it would refunded.

 

These sheets are all using the FOSCI Sheet as supplied.

 

Third, if you have your "claim to" date set to now then you need to change that to the date the PPI stopped being paid or, if it was charged to the account right up to the date of closure then the closure date.

 

OK- will do this - but I would argue that until they repay the amount owed, the interest keeps clocking up. Just like it would if I owed them. A contract should be fair on two sides, not just one.

 

Thanks for your help on this.

 

To court then?

Link to post
Share on other sites

Well only you can decide whether you wish to accept a regulatory based award or challenge them in court.

 

Be aware of the implications of court action if you lose and I have mentioned these in a previous post.

 

Link to post
Share on other sites

I can certainly accept a regulatory based award if it involves compound interest. The CCC's current (apparently fair and reasonable) offer doesn't - and it's the FOS who say it's fair.

 

Will take turbo legal advice on whether to proceed. Probably worth giving up 25% on a 'no win, no fee' solicitor.

 

Thanks again.

 

Will let you know how I do.

Link to post
Share on other sites

Hi ims21

 

Just so I don't look a fool going back to FOS, can you confirm that the compound interest calculation spreadsheet, FosCISheet v101.xls, is from the FOS?

 

I want to ask them why they think the CCC's figures are fair when calculated using their own spreadsheet, they seem much smaller. Obviously I don't want to say this if the spreadsheet is not a genuine FOS one.

 

Cheers

Link to post
Share on other sites

No, none of the spreadsheets are from fos.

 

fos do not issue spreadsheets. They do not do calculations themselves.

 

They have been written based on fos guidelines of redress so that people can check the offers they are made.

 

Link to post
Share on other sites

  • 3 months later...
  • 4 years later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...