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    • Please help me to cut a long story short, had a bit of trouble over the covid times, and got into some late payments with money barn, I advised them I could pay an extra 50 per month on top of my other, did an income and expenditure and the direct debit was set up, paid direct debit for 3 months and they cancelled it and cancelled by agreement.  I didnt know till the next month when the didnt come out, mail had been going to my old address as apparently they had also done a search and it had defaulted back to that one. It took them threes months to change it, in mean time letters were going to wrong address. I was advised as the agreement had been cancelled the only thing could be done it, hand car back, pay full balance, or pay enough for a consent order. I agreed with the consent order, even though while the account was on hold whilst this was sorted a debt collection agency (no court order) attended my old address for the car, adding fees on, after a complaint I eventually got them removed.  Complaint took 4 months, and is now with the ombudsman I was told by moneybarn it would be up to the courts how much I paid each month, but I then started receiving letters from their legal department dwf, saying about final settmentn, handing car back etc. I said it was going to get consent order, where i was told this had to be agreed before court. iy has taken 6 months for them to contact me. i am now been told that I will need to pay an additional 140 a month so it finishes same time as the cancelled agreement, I have emailed them, their customer services, 28 times with no responses    What should I do, pay 140, or cut my losses.
    • Do we gather that the second hub you purchased is working correctly? In that case the situation is that you bought a hob in September which demonstrated faults and eventually became unusable. You contacted Currys and they fob you off to Candy. The Candy engineer has now diagnose that there are electrical faults and he has ordered for new circuit boards for it. What is the value of the hob? I'm assuming that you are proposing to sue Currys. Have you sent them a letter of claim? Please could you post it up here. Have you opened an account with the County Court money claim service and have you started to draft your claim? Where is the defective hob now? Presumably you are storing it somewhere?
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    • Thanks for your comments both, what are your thoughts on the below? Added a couple of sentences requesting evidence and referencing the pre-action protocols.    Gladstones Solicitors Limited  Unit B, 1st Floor 210 Cygnet Court Centre Park,  Warrington, WA1 1PP   25th January 2022   Dear Will and John,   I am in receipt of your letter before claim dated 19th January 2022 regarding REF: (the ref number). Your letter contains insufficient detail of the claim and fails to provide copies of evidence your client places reliance upon. I am requesting to see the evidence in which you claim to hold, failure to do so will contradict the pre-action protocols. The onus is on you to supply this or provide a reasonable explanation as to why this is not available. (Section 5)    I would strongly advise you to cease and desist your communications, any further action on your part will be vigorously defended. Your actions are a waste of costs and court time.   Yours Sincerely,
    • you run it till 4pm day 33   thats not quite enough either   there are better ones for JLA.    
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Citi Cards being obstructive with SAR


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Thanks ims once again,

 

What you say makes perfect sense and I shall proceed as advised.

 

My SOC currently shows £300 in charges and based on 24.9%, as it stands today, the claim amount would be a little over £2,180. In you opinion, and or based on recent experiences with others, is it likely that this amount would be sucessful either via pre-court settlement or awarded by court. I know that there are no guarantees, but some sort of idea as to whether this would be normally settled; if that makes sense at all.

 

Cheers,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi MC

 

Ok, thanks for that.

 

Since Citi have relinquished all of their rights to the account/debt by way of their complete sale of all rights, responsibilities etc., in my view you are perfectly entitled to (and should IMHO) treat these two mattaers as completely distinct from each other.

 

Cit now have no right to off set because they actually have no access to the account and no interest in it either. 1st Credit would have bought this debt for peanuts.

 

If it were me, I would go for Citi for all I could get and have them make payment to you on the grounds I have set out above. Only after that would I even consider a F&F with 1st Credit and you can treat that as a seperate issue. Bear in mind that they would have bought the debt for pennies so any offer you make should not exceed 10% of the alledged balance.

 

Before doing anything on a F&F I would wait and see what pressure 1st Credit choose to put on you.

 

IMHO of course.

 

ims

 

Make it a condition with citi that any details regarding the amount of any settlement, or even that there was any in existance NOT be passed to 1st crud and to be treated as 'without predjudice' information that only a judge can view in confidence ;)

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Make it a condition with citi that any details regarding the amount of any settlement, or even that there was any in existance NOT be passed to 1st crud and to be treated as 'without predjudice' information that only a judge can view in confidence ;)

 

Hi BB, long time no speak. I hope you are well.

 

Thanks for that, but may need some advice as to how to encorporate the statement correctly in my prelim letter; which I need to get sorted soon.

 

 

Thanks again,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi BB, long time no speak. I hope you are well.

 

Thanks for that, but may need some advice as to how to encorporate the statement correctly in my prelim letter; which I need to get sorted soon.

 

 

Thanks again,

 

MC

 

Hi MC,

 

You're very welcome. I'm as well as can be expected thanks, you?

 

Been a little bit ill but no worries, hopefully. Also been taking time out to sort my own mess out lol... I would highly recommend being anal with about five official complaints on the go at once to practice on ;) 'Tis amazing what the devil we can find in the detail :)

 

Just head any written communication to the OC 'without predjudice'. Should have added that even a judge would need the permission of both parties and you're not going to give it if it predjudices you are you?

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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Hi MC,

 

You're very welcome. I'm as well as can be expected thanks, you?

 

Been a little bit ill but no worries, hopefully. Also been taking time out to sort my own mess out lol... I would highly recommend being anal with about five official complaints on the go at once to practice on ;) 'Tis amazing what the devil we can find in the detail :)

 

Just head any written communication to the OC 'without predjudice'. Should have added that even a judge would need the permission of both parties and you're not going to give it if it predjudices you are you?

 

Not so bad BB, thanks for asking. Just trying to catch up with recent developments in regulations and stuff, as it seems there have been some changes in my absence; specifically OFT Guidance.

 

Thanks and take care,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi MC,

 

You're very welcome. I'm as well as can be expected thanks, you?

 

Been a little bit ill but no worries, hopefully. Also been taking time out to sort my own mess out lol... I would highly recommend being anal with about five official complaints on the go at once to practice on ;) 'Tis amazing what the devil we can find in the detail :)

 

Just head any written communication to the OC 'without predjudice'. Should have added that even a judge would need the permission of both parties and you're not going to give it if it predjudices you are you?

 

Excuse my ignorance BB, but If I send all correspondence as 'without predujice', and later have to go to court for settlement, how can I use any of the correspondence in court?

 

And if they reply 'without predujice' do I not have to keep it private, i.e not use it in any court claim?

 

Sorry, but I'm a tad conffudled on this.

 

Cheers,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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ims,

 

I'm trying to get the prelim letter finished up and have hit an obsticle (probably my brain), in the paragraph that states figures, as follows:

 

"I calculate that you have taken £xxx plus £xxxx which youhave charged me in interest, which total £xxx."

What the dickens do I put in these fields? I have calculated the amount of actual charges (£300), but I'm confused as to what to put in the other two fields. I don't know what interest they charged me and therefore do not know what the total is?

 

Yours confused (again)

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Sorry MC but I'm not familiar with that spreadsheet 'cos never had to reclaim charges :| Maybe hit your triangle and ask for help from the site team.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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Sorry MC but I'm not familiar with that spreadsheet 'cos never had to reclaim charges :| Maybe hit your triangle and ask for help from the site team.

 

Hi BB, no post #256 re the 'Without Prejudice'

 

Sorry, probably my fault for not being clear enough.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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ims,

 

I'm trying to get the prelim letter finished up and have hit an obsticle (probably my brain), in the paragraph that states figures, as follows:

 

"I calculate that you have taken £xxx (Enter the amount of charges) plus £xxxx(Enter the amount of interest) which youhave charged me in interest, which total £xxx." (Enter the total of charges plus interest)[/FONT]

What the dickens do I put in these fields? I have calculated the amount of actual charges (£300), but I'm confused as to what to put in the other two fields. I don't know what interest they charged me and therefore do not know what the total is?

 

Yours confused (again)

 

MC

 

ims

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Thanks ims,

 

Call me stupid, but I still do not understand why I am saying 'this is what you charged me in interest' when in reality it is an arbritary figure that I have come to based on their interest (which is unknown) and a figure for restitution. Clearly I am missing some fundamental point here!

 

I can follow blindly and just do as I am told, but that is generally not in my nature. If someone says to me the grass in green, although I can clearly see it is, I want to know why it is green. That way, when someone says to me, the leaves are green, I will be able to tell them that it is down to the chlorophyll, which converts sunlight into energy, which the plants use to grow, simples!

 

MC

Edited by Master Chief
typo

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi

 

the figure you have charged them is a nominal rate of interest in restitution (see Sempra Metals) and basically sorts out the interest you were charged and gives back the unjust enrichment the bank achieved on your money by lending it out to others.

 

You can change the wording if you wish from "Interest you charged me" to "Interest in Restitution".

 

ims

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Hi

 

the figure you have charged them is a nominal rate of interest in restitution (see Sempra Metals) and basically sorts out the interest you were charged and gives back the unjust enrichment the bank achieved on your money by lending it out to others.

 

You can change the wording if you wish from "Interest you charged me" to "Interest in Restitution".

 

ims

 

Thank you ims, I'm happy now :-D

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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I like happy Caggers! :wink:

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Happy is good, albeit a rare commodity in the debt forums ;)

Advice and comments posted by The Debt Star reflect only my personal opinion and it is up to you alone to decide what action you should take. You should always seek independent legal advice from your own qualified legal advisor.

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I like happy Caggers! :wink:

 

Hi ims, me again.

 

I'm trying to get my prelim letter sorted and have a quick question. Should I included anyhting as regards Sempra Metals, I am using the template, which does not mention anything about sempra?

 

Regards,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi MC

 

Tale a look at the prelim here from MARTIN3030. No need to mention Sempra yet and if you're not going back further than six years you can remove the Kleinwort bit.

 

Regards

 

ims

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

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3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

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5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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Hi MC

 

Tale a look at the prelim here from MARTIN3030. No need to mention Sempra yet and if you're not going back further than six years you can remove the Kleinwort bit.

 

Regards

 

ims

 

Thanks for the reply ims, no link though I'm afraid :???:

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Hi ims and thanks again, yes that is the prelim letter that I am using, just wondered if Sempra should be in there. I'll leave that out and get it sorted.

 

Cheers,

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Sent my charges reclaim prelim' letter and SOC on the 7th by 1st Class Recorded and is still saying 'being progressed through out network'. I'm really fed up with RM, this must be third RD letter that they have failed to deliver in a matter of months. Bloody useless bunch of thieving wasters! :x

 

I'm beginning to think RD is a waste of time and money, I'd have been better off sending the prelim' by regular 2nd Class and getting proof of posting, as at least if Citi then said 'Oh we didn't get it', tough because I have proof of posting and that's enough to satisfy a judge that you got it.

 

Should I wait the 15 days that RM say they need to ascertain that something is actually lost or just send another copy 2nd Class and get proof of posting?

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Maybe time to have a pop at RM too :Laughing:

 

Seriously though, why not drop RM a letter of complaint?

 

ims

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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Maybe time to have a pop at RM too :Laughing:

 

Seriously though, why not drop RM a letter of complaint?

 

ims

 

Hi ims,

 

Well, I would drop them a letter of complaint if only I had confidence that it would be delivered. But seriously, at best I'd get an apology and a refund of the recorded delivery cost, I can't really see the point.

 

Thanks again.

 

MC

The villany you teach me, I will execute, and it shall go hard but I will better the instruction.

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Hi ims,

 

Well, I would drop them a letter of complaint if only I had confidence that it would be delivered. But seriously, at best I'd get an apology and a refund of the recorded delivery cost, I can't really see the point.

 

Thanks again.

 

MC

 

I know what you mean.....might just make you feel better

 

ims

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1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

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3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

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5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

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How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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