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    • Yes I understand that, my point is why is the account still be reported on 6 years after the default date has passed regardless of the SB date.   The default expired 4th November, Cabot put a query on the account the 7th November so it is still showing in my history, my question is why are they doing it?        
    • You will have to go to court to get an order  and once that is doen then you both have to abide by it. The actual form filling is not complicated and the first court session doesnt actually make any decisions and you will be advised to reach an agreement that can then be set in stone by the court.   the father has a right to "contact", but this is not the same as having the right to demand a particular set of visits, stopovers etc so decide what you want, and how this is practical and then ask that the contact be limited to this. for example if you work your contact will all be gettinmg them up, feeding them, putting them to bed and have no fun time at weekends if has has them then. The courts will do what is in the best interests ogf the child so you need to stop being jealous of their love for their father and dont try and use the system to punish him or the children. If he was abusive or controlling them read up on the serious crimes  act  2015 about controlling and coercive behaviour and see how amny fo the examples fit his behaviour and use that to get the courts to set lterms that  limit that behaviour instead of using the children as the tools.
    • Does anyone know if a person has the right  to use a lay representative in the family division of the county court? the wording of the Lay representatives(right of audience) order 1999 refers to a county court and stage 1 or tier 1 proceedings and Scots law have a form to fill out for such representation but it isnt clear whether the english system has such a clearly defined right of audience. The MoJ mentions it in some discussion papers as though it is hard and fast but in other documents  it is McKenzie Friends who are written about as if they are the only people allowed other than sols/barristers.   reason why lay rep needed is they can speak and the other side cant object where with McKenzie friend they cant speak on behalf of claimant/respondent and the other party can object to that person being present- which will happen  in this particular case. Ultimately it may well be a discretionary power of the judge but dont want to start off with a bad step.
    • It seems as though the solicitoras want to keep hold of this payday and will do anything to churn it ( make money by continuing an action that isnt in the clients interests).   The land registry will have the record of who paid for the property and how so you will be in the clear on that as you didnt just take the place over, you bought it from the estate of the deceased.   now it seems like your mother is struck by regrets/remorse over her inability to take over the property at the time and what tends to happen is that relatives will sit there and say bad things about the person who they see is the beneficiary of their misfortune and then get into a feedback loop, each reinforcing the wrong opinion of the other.   Your attempts to sort things out logically ahs tempered this somewhat so do continue and keep clear of their  lawyers at all costs, they will just keep the meter ticking over and bring the negative thought back to the surface.   your parents will already be about 2 grand a day down on anything the sols have done so try and get them to  look back to the mess that her father's death left them in and amke it clear that at least the house is still in the family and that she has benefitted from that by receiving money at the time that otherwise she wouldnt have got.   If that still causes friction then I would still write to them rather than responding to the solicitor, the lesson they will learn will cost them less and when the sols have moved on to the next client they will have not lost so much of what they still have left.   Ultimately if they do actually issue proceedings you can ask for the claim to be chucked out as having no merit etc by showing how the place was bought. I do struggle to believe that people dont know who their mortgage was with even after all of this time,  same as I find it odd that people suddenly find details for accounts with tens of thousands in that they had forgotten about. You can find out as again it will be in the Land registry entry for most properties that had a mortgage
    • A claim was issued against you on 30/07/2019 Your acknowledgment of service was submitted on 31/07/2019 at 18:14:49 Your acknowledgment of service was received on 01/08/2019 at 08:05:52 Your defence was submitted on 30/08/2019 at 23:17:46 Your defence was received on 02/09/2019 at 01:06:05 DQ sent to you on 27/09/2019 DQ filed by claimant on 27/09/2019 You filed a DQ on 23/10/2019 Your claim was transferred to BIRMINGHAM on 14/11/2019
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gerson

Cap1 SAR reply

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Hi DX,

 

Thanks - so I need to go straight to court or should I send them one more missive, re: Section 32 Limitations and follow it with an LBA +14 days

 

By EPA I meant EEO - but just having read through this it needs to be uncontested first

 

G

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i'd give them one more letter.

 

shelley, your comments.....

 

you are far more exp than me on the charges court cases front outside of 6yrs!!

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Update....

 

CAP1 have upheld our Claim for PPI however the refund is approx. 25% of the amount claimed

 

I used the attached CISheet as the Basis for my Claim, can someone confirm that this is the correct one to use.....

In the letter they stated that 'associated interest refund' is calculated as the difference between the interest due after removing the PPI and the interest charged to the account.

 

At no time during the period involved was the account Balance 'paid off'

 

They also stated that an additional interest of 8% has been included.

 

I am of the opinion to reject this offer by responding, which they gave me 14 days to do and 7 are up due to postal delay (if based on the letter date), and refuting the sums provided - no breakdown of how they came to the numbers quoted and the fact they had my Money and charged me interest at the prevailing rate

 

Additionally they will also Withold 20% of the additional 8% interest for HMRC. Can they do this as we are no longer UK residents

 

A small win so far... and CAG will recieve a donation upon the completion of this claim

 

Thanks

 

G

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can you scan up their letter and also write refusing their offer and asking that until they give a detailed breakdown, you are not in a position to comment further.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi Dx,

 

I will scan and sensitise the letter from CAP1 - do you need the figures left in?

 

This is what I intend to write back with so far:

 

I thank you for upholding my claim for the miss-selling of PPI however I am formally rejecting your offer of refund for the following reasons:

1. The total amount of payments made by myself in relation to PPI premiums is xxx.xx GBP.

2. The figure for ‘associated interest’ is incorrect. You have had the benefit of my money, which you are now refunding, and charged me interest on this money at your prevailing rate for the duration of time claimed, as such the interest claimed in the attached calculation sheet is due.

3. You have provided no breakdown as to how your calculations were made, only a statement of how it was done and the final sum. I require a full and thorough breakdown of each and every computation.

I thank you for informing me that an additional 8% is also due on the amount claimed, this I assume will be calculated once we have finalised the claim with yourselves.

 

G

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yes always leave figures else its pointless us seeing it....


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi DX,

 

Here you go

 

G

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Hi,

 

Quick question...

 

Should the 'Claim to date' be the first date after the ppi was applied when the account returned to Zero Balance?

 

G

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if interest is still being charged by them

 

the claim to date is the day they settle.

if they stopped THEIR int, the claim to date should be that date.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi DX,

 

CAP1 have never stopped applying interest to the account.

 

The account has had a Zero Balance several times over the last few years though - thought this might alter the amount claimed

 

I will send the rejection letter tomorrow, trackable.

 

Will update when/if we get a reply

 

G

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Update,

 

 

CAP1 are refusing to budge on the offer made.

 

 

I used the CISheet for my calculations - should I have used the FOSRunning instead?

 

 

If the FOSR sheet then how to complete based on the fact the Card was in use for several years Prior to PPI being added

 

 

G

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if you have all the details

then use fosr yes.

 

I will give a better picture


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi DX,

 

 

Thanks for the quick Response.

 

 

Problem is that CAP1 did not supply the actual Statements with the SAR so I do not have everything needed for the FOSR sheet - only got a Transaction log

 

 

G

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then you cant use fosr sadly.

 

unless you know the times there was no int

you cant hope to use it

 

BUT

 

i'd say their figure on int is VERY wrong.

 

HOW are they calculating this

have they statements you don't have

 

?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi DX,

 

If I use the StatInt (PPI _ FOS rules) sheet (single premiums + 8%) then the figure is very close to the offer made

 

My wife is of the opinion to accept at the moment

 

G

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depends of the levies int during ANY part of the term PPI was charged

 

if they did

it cant be right

 

they tried this with a claim I have today settled upon for a neighbour

 

I got an extra £400 out of them

 

I included copies of the statements showing PPI

 

so p'hapd diff to your info?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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