Changing claim amount from Prelim to LBA

[Guest bong]

trouble is redsue I've heard so many times of court clerks getting it wrong, even when they appear to be reading out the contents of a document what materialises in some instances is something completely different. I think you need to write a letter to the court saying the order refers to a counterclaim. Please send me a copy of the counterclaim or confirm to me in writing that this was a typing error. You wouldn't want to proceed on the basis that what the court clerk told you must be right, and then get a shock like that. they're obviously up to something fishy down at NW. thats what I would do anyway, for the cost of a stamp.

[MilkTrayMan]

Hi redsue!

Did U did U manage to read through my links to soldier girl's posts/thread??

[debt_mountain]

Skipped you there, Bong. I think the worry we may have here is that they are paying charges as they know they cannot avoid that (without bother), but they may have a good defence against paying interest. We feel safer, I think, if our entire claim were to be judged, rather than just the one aspect of it which the bank would prefer to be. This is based on our fear, not our knowledge, though.

 

Bill, although they have paid the charges can we not cast up at the interest hearing that as the interest is due to the charges they need to be discussed as they are the figures used to generate our interest claim?

 

I know it is weak and I am no legal expert but if we can word the witness statements or stuff in the bundle to link in the charges and the interest it may help make it a more level playing ground.

 

Not sure what a judge focus' on when he prepares but if it were me I would start with the summary info and work back. Witness statements& POCs, then bundle then detailed rerences in the bundle.

[bill-k]

D M, The word you used - focus - encapsulates it for me. The bank is trying to shift the Judge's focus on to just the interest, the lawfulness of which is more debatable than the lawfulness of the charges. Sure, we can establish the link, it's there in the maths. There has to have been a Principal Amount for any interest to be calculated on anything. But the focus is still on the lawfulness of the interest.

Insisting that a payment toward the total claim has been made, which just happens to match the total charges in value, keeps the focus on the lawfulness of the charges, with the interest a secondary argument.

If we were making a partial payment, then we could maybe pick a round figure, say, £500, or maybe £750. Or we might decide to pay a percentage of the whole claim - say, 40% or 60%. In any of these cases there is no allocation to any element of the claim.

If we decide that the partial payment we're making is going to be the equivalent of the charges element, then we have simply used another method of deciding how much of the claim to pay. I do not believe we can insist that one aspect of the claim has been settled, and only the interest remains to be decided by the court. If the claimant agrees to this proposal, then OK. But without agreement, this is just the bank's proposal, I reckon, and not an agreed apportionment.

 

- Sticking to my guns, here !!

[Guest willowb]

Ok, I'm NOT saying I understand ANY of this in great detail but after discussions on another thread, Yours worried me slightly and I had to ask a mod to have a look, she said this (Karnevil)...

Willow re redsue as long as she hasnt accepted the offer for the charges payment at all she is fine to continue...only take contractual interest into court if the charges issue has not been resolved by payment - unless you are very strong on your argument for contractual interest,

 

So, Sue did you actually put the money in the bank?

 

I'm all confused over this, but needed to 'put it out there' as I don't want you coming 'unstuck' in Court etc.

 

Wxxx

[sjmg]

Okay, I'm going to cut to the quick here 'cause I am wholly innumerate...

 

I filed a claim against Lloyds TSB last year, then altered the claim to include 8% interest- BUT, and here's where I think I made a booboo- I calculated the 8% interest as 8% of my total claim, NOT working it out per charge over six years (And I wouldn't know how to do that anyhoo) as I think is suggested elsewhere.

 

Can anyone clarify if this is going to jeopordise my claim? COurt hearing in ten days, starting to panic. If it is, then I should re-amend my claim, right?

 

Help.

[Guest willowb]

I think that the Judge would be sympathetic if you just told him that your maths was wrong and you made a mistake (IMO anyway). Make sure that you do the spreadies again and send them out to both the defendant and the Court.....this is what I would do anyway.

 

So as not to cause conjestion in Sue's thread, could you post a link here to your own thread?

 

Wxxx

[redsue]

Willow re redsue as long as she hasnt accepted the offer for the charges payment at all she is fine to continue...only take contractual interest into court if the charges issue has not been resolved by payment - unless you are very strong on your argument for contractual interest,

 

willowb you're a honey - I have actually accepted the cash as part payment and wrote them a letter telling them so BUT I obviously had to take the cash as they closed my account therefore I had to withdraw it.

 

Just waiting to see how debt got on at court today to be honest, this is taking up way to much of my time

 

milktrayman - thanks for the links I've skimmed them but need to go back and take in the information - I'm speed reading way too much!

 

bill-k argh your avatar - the big hairy gorilla's gone all cute

[bill-k]

bill-k argh your avatar - the big hairy gorilla's gone all cute

I can assure you, Redsue - THAT is a very temporary arrangement !!!

[gazza13169]

hi redsue

quick question regarding your n1 form, in paragraph 5(d) you state that the interest on the £4342.01 owed upto the date of judgment is £0.95 per day. it seems to me that you have multiplied the money owed (£4342.01) by 0.00022 as stated in HMCS ex302 leaflet, which gives you a daily rate of interest of £0.95 per day.

 

is it not true that that calculation is based on section 69 county court act at a rate of 8%?

 

but in paragraph 5(d) you state you are claiming 24.9%.

 

the money i am owed including 24.9% contractual interest is over half less than you but i worked out my daily rate of interest to be £1.18. i got this by changing the date on vampiress spreedsheet to the following day and subtracting the difference giving me the £1.18. does this make sense what i am saying but more importantly is it correct or should i follow your example?

 

thanx gazza

[redsue]

quick question regarding your n1 form, in paragraph 5(d) you state that the interest on the £4342.01 owed upto the date of judgment is £0.95 per day. it seems to me that you have multiplied the money owed (£4342.01) by 0.00022 as stated in HMCS ex302 leaflet, which gives you a daily rate of interest of £0.95 per day.

 

Gazza13169 - its entirely up to you matey which route you wish to go down - Thought I'd go for a daily rate at 8% simple and not compounded as that would just be too complicated

But you are perfectly entitled to go for the interest to compound on a daily basis - why not have a look around some threads regarding contractual interest - I'll go and see if I can remember where I've seen some alternative wording....

[chezt]

Gazza13169 - its entirely up to you matey which route you wish to go down - Thought I'd go for a daily rate at 8% simple and not compounded as that would just be too complicated

But you are perfectly entitled to go for the interest to compound on a daily basis - why not have a look around some threads regarding contractual interest - I'll go and see if I can remember where I've seen some alternative wording....

 

Hi guys - sorry to intereupt ... If it's 8% statutory interest you are discussing then as far as I'm aware this can not be compounded ... it has to be simple interest.

 

Perhaps someone else will clarify this?

[redsue]

I'm not claiming 8% compounded - I'm simply claiming an extra 22p per day for every day the claim is outstanding - as well as contractual interest on the charges - I appreciate this has become a long, long thread but all the information and arguments are contained within it.

 

I'm not too sure whether I'm going to continue with the claim seeing as world war three is breaking out on other threads regarding contractual and no one, it seems, can get a straight answer.....

[chezt]

I'm not claiming 8% compounded - I'm simply claiming an extra 22p per day for every day the claim is outstanding - as well as contractual interest on the charges - I appreciate this has become a long, long thread but all the information and arguments are contained within it.

 

I'm not too sure whether I'm going to continue with the claim seeing as world war three is breaking out on other threads regarding contractual and no one, it seems, can get a straight answer.....

 

I was just wanting to clarify to the other poster really as there was mention of the 8% being claimed compound.

 

I agree it's getting a bit complicated on the contractual argument but TBH I've already started my claims on this (& won one already) so I'm gonna carry on ... I feel confident enough still based on what I know & it seems if you get to court with your claim still intact (ie 100% outstanding) then you have a better chance ... gonna see how it goes anyway!

 

Good luck with the rest of your claim whatever you decide to do

[redsue]

Good luck with the rest of your claim whatever you decide to do

thanks chezt - sorry you caught me on a bad day!

Still no response from NW regarding the letter I sent them on 2 Feb - Could anyone help with some wording for another letter to them - about ignoring my request for information from them for our upcoming court case blah blah blah...

[chezt]

thanks chezt - sorry you caught me on a bad day!

 

That's ok - didn't think anything of it TBH!

[bill-k]

Just re-subscribing.

[redsue]

Hi matey, glad you called by. You know you're always welcome here x

stay a while, relax, have a cuppa tea or something stronger, put your feet up, smoke a cigar...

[bill-k]

Well, thank you, Redsue - you're very kind. I don't mind if I do. I've overstayed my welcome in a few places lately, so it's nice to be able to turn up on an old friend's doorstep and still be welcome to stay awhile.

 

Sorry if that contractual confusion has caused you any grief. I honestly didn't intend to start the fire - I tried to put it out, but it rages on.

 

So you're very kind, considerin' and I'm much obliged, ma'am !!

 

Bill.

 

XXX

[redsue]

Sorry if that contractual confusion has caused you any grief. I honestly didn't intend to start the fire - I tried to put it out, but it rages on.

Nah, I'm just seeing how things progress, discussion is a very healthy thing my friend. I've asked NW to supply me with the information of how they arrived at their figures - I gave them 14 days to respond (on 2nd Feb) - and guess what I'm still waiting. So I'm about to draft a letter to Charlie Bacon about why they can't supply me with relevant info for the court case.

 

My Allocation hearing isn't until May so I'm watching from the sidelines and I'm now sending out a couple of CCA requests which, if I remember correctly, was something you very kindly put me onto.

 

I remember very early on when we were both newbies you encouraged me to think for a while before I acted on the CI issue and I'm glad I did stop and think of the implications, this was when the CI was a relatively new issue.

 

Because of your advice I did go on to win authorised CI but it was my decision and mine alone and I know you would have cheered me on from the sidelines no matter what decision I made.

 

So two CCA are going out in the next few days, one to claim back PPI which I would never have taken as I'm self employed. And another for a credit card that I took out over 15 years ago - which I still have.

 

This is fun... so if things ever get too heated elsewhere you are more than welcome to kick back and relax here You are amongst friends xx

[bill-k]

Xx

[Quest]

Hi Redsue, I am at almost the same stage as you (MCOL filed and acknowledged) against Nationwide.

 

Where did you end up / where are you now with them?

 

I too have claimed 24.9% contractaul interest with another claim to file as soon as this one is over....which might be along time judging by your thread!

 

Did you give up on the contractual or are you still battling it out?

 

Quest

[redsue]

I know its a long thread but all the info is here - to recap

 

I have claimed contractual interest at 24.9% unauthorised rate, Nationwide so far have paid me back all my charges plus (by my calculations) contractual interest at 7.75% authorised rate.

They claim in their defence they have paid me S69 8% simple interest.

I have sent back my Allocation questionnaire to the court and Nationwide filed their allocation questionnaire A MONTH LATE. I also asked in a reponse to their defence that their case be struck off for various reasons

http://www.consumeractiongroup.co.uk/forum/post-424681.html

 

We are now at the stage where I have an allocation hearing with the judge in May to decided small claims or multi track.

Nationwide are trying to scare me my asking for it to be transferred to the other court as their costs will be £2500 and it will take one whole day.

Me on the other hand says it will take one hour in the small claims.

I have written to Nationwide on 2 Feb to ask them for a complete breakdown of their calculations and a copy of their terms and conditions - and lo and behold I'm still waiting....

I'm about to write a letter to them again asking to supply information that I need for my forthcoming court case.

Nationwide have so far been absolutely shoddy in both their reponses and organisation - how can it be fair that the court allows them a whole month to file their AQ late?

So at the moment I am spending a lot of time researching my arguments and waiting until May for my allocation hearing....

[sn00psmum]

I think that the Judge would be sympathetic if you just told him that your maths was wrong and you made a mistake (IMO anyway). Make sure that you do the spreadies again and send them out to both the defendant and the Court.....this is what I would do anyway.

Wxxx

 

Hi Willowb, the above quote applies to my claim too, I think. Would you mind having a look at it for me from post #19 onwards? I'm not getting much response at the mo and confused:confused:

SM:p

[taylormandy]

Hi Redsue

I wholeheartedly agree with you. I submitted my court bundle well within time. N'wide have not sent me theirs. I have written the appropriate letter to both them and the court regarding their non-compliance and they have made no response to me.

I too am furious that the judges ordes seem not to apply to the banks, and they are not penalised at all for not complying. I am sure that it we did not comply with any of the orders, their solicitors would be the first to jump up and down.

My court hearing is in a few days, on the 9th March.

I don't have their bundle and so cannot prepare for anything they might have against me.

 

Anyway, good luck with your own claim.