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    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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      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.

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Jude v Nationwide **WON**


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Redsue - I am completely useless at maths and find interest rates confusing. What I need to know is which of Vampiress' amazing spreadsheets I can safely use. I am going for the simple ones and not attempting unauthorised interest. They state the interest rates as 8% and 18.2%. I am sure they would not be there if they weren't right, but I cannot find the rationale behind them. Basically I need someone to say that it's OK to use the 18.2% one. If I do, do I have to amend my claim to include the interest from the beginning, because if so it would take my claim over £6000.:confused:

Dolly Day Dream

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I have been looking at various threads and the FAQs to decide which rate of interest to go for. Vampiress recommends compounded contractual interest and her spreadsheet states it is at 18.2%. Having put all my figures in it is very tempting to go for it, but I can't find the justification for claiming it. Can anyone please give me some advice? I don't want to miss out by being too greedy, but I could really do with the extra cash if I can justify it.

 

Vamps spreadsheet is set to a default rate. You just need to alter it to whatever rate you go for. Personally, (and this is just personally) I don't see the point of going for the authorised rate because you are effectively arguing with contractual interest that the bank has had the unauthorised use of your money. The unauthorised overdaft rate for the Nationwide is 24.9%. Plus, if you are going to claim the authorised rate, you may as well just claim statutory interest at 8% because you can't claim both.

 

I used Vamps recommeded spreadsheet for compounded (this means that interest is charged on the interest which is what the banks do to us) contractual interest. I used the one which didn't require the inputting of balances and changed the rate to 24.9%.

 

Hope this helps

 

Sarah

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Hi Jude - you need to change the interest rates on the spreadsheets as all banks do not charge the same amount - it's a template only and needs to be changed to your own particular needs ie. Nationwide's current rate for authorised borrowing (agreed overdrafts) is 7.75%. There is no rationale for 18.2% - you need to use the rates for your own bank.

I decided to use the one below as I could understand what would be the basis of my claim - compound interest on the charges only

 

BANK PENALTY CHARGES CLAIM CALCULATIONS

ENGLAND AND WALES

SIMPLE VERSION - choose to claim all or no bank interest

2 Throughout claim with compounded contractual interest

 

Remember the 7.75% is compounded and therefore will be more than 8% simple interest

 

Can't really advise regarding the claim going over 6K but I know debt mountain made two seperate claims

hope this has been of help

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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I have never used a spreadsheet (I am a pensioner - Silver surfer is the word, I think!) so I have bought an idiot's guide to help me work it all out. I am determined to get this sorted. After checking online they owe me over £1600 just for the last 15months, so it will be more for 6 years. I am so grateful to have my hand held here. Thanks everyone.

 

Hey Jude, I too am a pentioner (69) & have just today sent off my claim . If you have any problems, let me or it seems 'anyone' know & we will all do our best to help.

 

I have never seen such a helpful group of people!

 

Stick with it Jude. I am in the same boat as you & really do hope we get our monies back.

 

Regards

 

rog37

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I have spent a while redoing the spreadsheets at 24.9% and 7.75%, and have separated the claim into 2 so that I don't go over the £5000 small claims limit. I think I will go for it with a fall back position of the 7.75%, and then claim for the rest later. Can someone confirm that I will need to send a fresh Request for Payment letter to take account of the changed figures, please?

Dolly Day Dream

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Please can someone help? I have decided to split my claim to avoid going over £5000 as I want to claim 24.9% Do I need to send a fresh Prelim letter or can I just put it in the LBA? I plan to follow redsue's advice and have 7.75% as a fallback position.

I have an appointment this afternoon to set up a parachute account.

Dolly Day Dream

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DDD

 

To be 100% safe you should resend your prelim (if it was me having now done nationswide twice, £6000 first time (to keep it under £5000) then over £10000 the second I wouldn't bother redoing the prelim just change it for the LBA.

 

You could email the updated Prelim to save a couple of days? [email protected]

 

 

I also wouldn't bother splitting the claim to £5000 chunks, the main reason I did was because there weren't many folks that had been as free giving my cash to the bank and claiming 5 figures back, but there are afew now and the process is the same. Saying that they have only paid up the 8% at the moment but the case is still running. Next friday they have to have the defence in.

 

Good luck.

 

ps, a mod or helper will probably come along and tell you to stop hijacking someone elses thread and go start your own - just letting you know...o:)

If I have helped click my scales....

 

Find my threads by clicking here

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Yes- please follow Debt Mountain's sound advice and keep to one claim. If you go for two separate claims the bank may ask for your second claim to be struck out as "frivolous".

 

Debt Mountain - I don't think it is a thread hijack, if you get my drift(?)

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Thanks Debt and Sarah

I will go for the one claim then, and send an updated prelim letter to be on the safe side.

It looks as though my parachute account with the Co-op is going ahead without being referred. I am amazed - I thought it would have been far harder!

I am so grateful for the hand-holding, as I am a cowardy custard on my own.:D

Dolly Day Dream

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DDD

I never asked for contractual interest in my prelim - however I amended my LBA to include

 

"since my previous letter I now understand that the principle of mutuality, or reciprocity, applies to the aforementioned contract and will be claiming back compounded contractual interest on these charges"

 

It may save you another 14 days wait. They did pay out on the 7.75% but I'm holding out for the 24.9% - the file is with the judge at the moment.

 

Nationwide emailed me their defence but sent a empty word document attached. I then asked them to resend the email which they did with the same empty document! I called them yesterday for them to send me a copy of their defence via post to which the reply was no! mean buggers!!! :D

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PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Right, Here we go! LBA, duly amended as advised by Redsue, and further copy of schedule waiting to go to the Post Office. New account all set up in readiness for the inevitable brush-off. I'll keep you posted, and thanks again for all the help.

 

Nationwide

3.10.2006 S.A.R - (Subject Access Request)

20.10.2006 Copy statements received

28.10.2006 Request for Payment

2.11.2006 Standard reply - no we won't!

16.11.2006 LBA

Dolly Day Dream

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DDD - Standard form with NW is to do nothing until you take them to court. They then pay out within a matter of days - which ends up costing them more. Wait your 14 days and in the meantime just prepare your Particulars of Claim for either MCOL (online) or a N1 form (hard copy at court).

You should have your cash just in time for xmas...

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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  • 1 month later...

Hello everyone and Happy New Year.

I have not been following up on my action against NW as I have been in hospital for knee replacement surgery. I am now just about back on my feet, albeit with a walking stick(!) so I am hoping to get stuck in again soon. I must get the file out and add all the new charges they have added since I started this lark. Perhaps I'll plan for a good holiday as I have missed a Christmas payout.:D

Jude.

Dolly Day Dream

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  • 3 weeks later...

I am updating my spreadsheets ready to file my court papers on Feb 12th. (I have a big car service bill to pay this month, so I am waiting until I get some more money in my account). It is very comforting to see how the delay increases the amount I can claim in interest - especially the 24.9% compounded. I couldn't quite believe my eyes at first! I will have to pay £250 as it's over £5000, but it should be worth the wait.

I am looking forward to news from redsue when she gets back to see how her compounded claim goes. Thanks to everyone for all the support and encouragement.

Jude.

Dolly Day Dream

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  • 3 weeks later...

Right, I have just been printing out my Particulars of Claim to go with my N1 ready to take to the court on Monday morning. I have followed Redsue's posts on this thread to claim compounded contractual interest at 24.9%, with a fallback of 7.75% also compounded or as a last resort 8% simple as in section 69. I copied her POC as amended following changes suggested by Bill-K.

I would be very grateful to have the daily rates of these interest rates confirmed, please. I have put £0.95 for the 24.9%, £0.59 for the 7.75% and £0.52 for the 8%. I used Vamp's wonderful spreadsheets but for the 8% simple it gives a daily rate in pence of 106.13 - is that right? The compounded interest spreadsheets don't give a daily rate for some reason, so I am a bit confused.

Many thanks,

Jude.

Dolly Day Dream

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BUMP for DDD

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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Thanks, Delboy. In the end I read over numerous posts to check, and finally plucked up enough courage to take the papers into court on Tuesday. The girl who dealt with it was very helpful and admitted that they were very busy with bank claims. She did not realize that it was possible to claim back bank charges so I told her to go home and google for CAG! :)

Dolly Day Dream

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One other question, how do I* calculate this daily rate* that I have seen others mention in their LBA/ rejection letters. ?

 

I thought it related to s69 interest but been advised elsewhere that is not the case and it needs to be mentioned in my letter in the context of the amount owing is increasing at the daily rate of £xxx.

 

Sorry DDD better late than never - good luck with your claim you'll get your cash soon enough :)

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Thanks Redsue

I can't believe how your claim is being drawn out so long, but I am sure it will be worth the wait. I am trying not to count my chickens and mentally spend the money before I get it, but I would like a nice holiday! :D

DDD.

Dolly Day Dream

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