TBI Claimform - Old HFC Loan

[dx100uk]

work out the PPI PCM%

 

see no.1. below

 

so: IF...

 

your monthly payment was £125.59 and your PPI PCM was £32.34

32.34/125.59*100=25.75%

 

so any payment you made 25.75% was for PPI

 

dx

[gust]

thanks

 

so just add up all the random charges then 25.75% it

 

I had westcot chase this before TBi - wouldnt have a clue how much that was now ( would have only been 1 or 2 payments probs)

 

I have paid tbi £210 - do i add this to the above?

 

thanks DX

[dx100uk]

nope

 

 

ANY PAYMENT YOU HAVE EVER MADE [bar the full ones]

 

workout what 25.75% of the payment was

 

and enter that figure in the spreadsheet using the date of the payment it originated from

 

do that for every payment individually

 

 

...god your hardwork sometimes...

 

dx

[gust]

haha sometimes? more like all the time.

 

ok so 25.75% of EACH payment with date

 

got it!! lol

 

on it now... thanks

 

PS my maths are pap (i guess you noticed already)

[dx100uk]

use the calculator in windows OS

 

in your run box type calc.

 

if you put in say

 

20

then hit +

 

then hit 25.75

 

then hit %

 

it tells you the figure

 

just remember to hit C

 

before the next calc

 

dx

[gust]

thanks

 

i cancelled the PPi mar 07

 

there is -139.67 and - 266.34 for both of the ins.

 

do i continue adding up the payments after this date or stop there? thanks

 

the interest APR on the PPi was 34.18

 

so what do i do to the spreadsheet to add this interest on ?

 

[ATTACH]41431[/ATTACH]

 

ok i added it all up

 

here is what it looks like

 

cheers

 

Ok i have read the link in your sig DX

 

1 - old loan merged into current loan - i cant work that out as HFC have no details on older account - do i scrap this off then?

 

2 - i was rebated 139.67 and 266.34 = 406.01

 

3 - then it was sent to DCA - but i didnt recieve any default notice

 

reading citizenB's part on 3 it says OC would have to refund all PPI and the interest of 34.18% then add 8%stat interest?

 

very confused!!

 

also this will be for counterclaim you say. The counterclaim will be at HFC or TBI now they are claiming this in court?

 

my head hurts! lol

Edited February 7, 2013 by gust

[dx100uk]

gust said:

thanks

 

i cancelled the PPi mar 07

 

there is -139.67 and - 266.34 for both of the ins.

 

do i continue adding up the payments after this date or stop there? thanks

 

you take the rebates off the total in the total box

 

you can only reclaim PPI on ACTUAL PAYMENTS MADE

 

gust said:

the interest APR on the PPi was 34.18

 

so what do i do to the spreadsheet to add this interest on ?

 

you dont

the PPI PCM int already includes this.

 

dx

 

gust said:

Ok i have read the link in your sig DX

 

1 - old loan merged into current loan - i cant work that out as HFC have no details on older account - do i scrap this off then? off what?

 

2 - i was rebated 139.67 and 266.34 = 406.01 - already explained

 

3 - then it was sent to DCA - but i didnt recieve any default notice - to go to court there must be ref to one being sent

and its figure MUST NOT include any penalty charges

 

reading citizenB's part on 3 it says OC would have to refund all PPI and the interest of 34.18% then add 8%stat interest?

 

your PPI PCM calc does this , and the spready does the 8% stat.

 

very confused!!

 

also this will be for counterclaim you say. The counterclaim will be at HFC or TBI now they are claiming this in court?

 

HFC, but must be in your court docs if you are rellying upon this in the TBI claim

 

my head hurts! lol

 

dx...

[gust]

© pursuant to the said agreement payment of all costs on an indemnity basis incurred by the claimants in enforcing the agreement subject to proceedings.

 

 

If there is no explicit contractual term providing that costs should be paid on an indemnity basis, costs should be ordered on a standard basis rather than an indemnity basis.

 

In Helden v Strathmore Ltd [2011] EWCA Civ 542 In light of this ruling it is important to ensure that, where costs are intended to be paid on an indemnity basis, the contract / agreement contains a provision to this effect. Failure to include such a provision will result in the less favourable award of costs on the standard basis and a failure to recover anything close to what has been paid.

 

 

The above is absolute gust..... so there is no mileage in challenging the assignment.My previous post refers to the T&Cs of the agreement re costs...if its not referred to in the T&Cs IE costs on an indemnity basis then it can not be requested by way of their P.o.C...so in simple terms if they do win they can only claims costs (Assuming this is Fast Track over 5K) on the standard or fixed basis or to be assessed if not agreed.

 

Regards

 

Andy

 

can bearly read T+c's but no mention of this indemnity basis thing you refer to.

 

this could be interesting - "transfer by us" you agree that we may at any time assign this agreement and transfer our rights and benefits under the agreement, our duties and obligations under the agreement, in any person without having to give you prior notice. If we do so this will not alter your rights or obligations including your rights under the act.

[gust]

1 - old loan merged into current loan - i cant work that out as HFC have no details on older account - do i scrap this off then? off what? the reclaim - as i cant really know what it is

 

2 - i was rebated 139.67 and 266.34 = 406.01 - already explained - got it!

 

3 - then it was sent to DCA - but i didnt receive any default notice - to go to court there must be ref to one being sent

and its figure MUST NOT include any penalty charges - so deduct ALL penalty charges from total that TBI are claiming? to find proper figure the claim from them should be?

 

also this will be for counterclaim you say. The counterclaim will be at HFC or TBI now they are claiming this in court?

 

HFC, but must be in your court docs if you are relying upon this in the TBI claim ok - thanks

 

I hope andyorch can help with that bit -

 

well the PPI reclaim minus rebates = 274.66 - cheers DX for your patience with me.

 

DX

 

i added up penalty charges = £135

 

I have my SAR summary and there is NO NOTES for any default sent out - i dont recall ever having one and i also sent the solicitor a CPR31.14 requesting a copy of the original default - they said no such document has been supplied by OC.

 

from looking though HFC DID charge me £50 in 2006 i can see on this statement. so do i add that to the £135 charges or not?

 

many thanks

[dx100uk]

cant be right!!

 

dx

 

well the spready looks ok.

 

if that is ALL you ever paid

 

put the charges in a copy of the FOSCISHEET

like what you did for the PPI

use HFC's int rate inthe int box [D15 ithink]

 

dx

[gust]

[ATTACH]41434[/ATTACH]

 

this look ok?

[dx100uk]

put the rebates as a minus figure

listed the same as you have for the PPI figures

 

dx

[gust]

]thanks DX - i will do that now

 

 

[ATTACH]41435[/ATTACH

 

here is the charges sheet - to when though? when it left HFC or now as tbi are claiming against it?

 

thanks

[dx100uk]

unless you know the interest has been frozen

or the account closed

then to todays date is fine

 

dx

[gust]

cheers DX

 

i have ammended the statitsheet like you said - it now looks like this???

 

[ATTACH]41437[/ATTACH]

 

is this right?!

[dx100uk]

ah yes silly me

 

click in cell K43 and hit the delete key

do the same for K44

 

in other words there should be no (-) figures in those two boxes

 

total should now read £247.66

dx

[gust]

perfect many thanks!

 

right - next question - the outstanding to hfc was 5961.58 and HFC's NOA states they are pursuing 6011.58 dated sept 2008 - as i said before the amounts are wrong!

 

i sent the case solicitor a CPR 31.14 and asked for proof of ALL payments to TBI

- i stated if card - the number etc, cheque, the number ETC.

 

they sent me this and what do i notice??

a default fee dated 06/02/2008!! for £50.

whats the deal with this???

how can they charge me for a default BEFORE a NOA?

and not tell me?

and 2 ALLPAY fees??

 

 

[ATTACH=CONFIG]41439[/ATTACH]

 

So if you read this - i have paid TBI £210

 

the POC states i owe TBI 5910.64!!! so every figure is screwed up pretty much!!

Edited February 7, 2013 by gust
add more info

[dx100uk]

typical off TBI.

 

i think they are tun by ex HFC guys if ai remember rightly.

 

ok but NO they cannot add those fees.

 

you can add those to you PENALTY charges reclaim sheet

 

dx

[gust]

thanks do i need to make ANOTHER one as the others are HFC and these are TBI? or just use same one. thanks

 

ALSO - i have attached my SAR memo - its shows everything thats happened - since way back then. As you can see NO DEFAULT NOTICE - is this proof enough for court? thanks

 

 

 

 

[ATTACH=CONFIG]41444[/ATTACH]

[dx100uk]

same sheet.

 

interesting to on the dn

 

dx

[gust]

thanks DX

 

so compound charges

 

Total of Charges £245.00

 

 

Compound Interest £1,576.14

 

 

Total £1,821.14

 

do you add 8% stat interest on this?

 

thanks

[gust]

this is the figures claimed

 

HFC balance before tbi = 5961.58

TBI NOA after = 6011.58

subtract £210 to TBI = 5801.58

N1 claims its = 5910.64 + a further £245 court fee and £100 solicitors cost = £6255.64

POC claims its = 5811.58 + 8% = £99.06

CRA files showsfeb07 = 5806.00

 

How can the N1 and POC have DIFFERENT figures?!?! this is mental and doing my head in.

[dx100uk]

same as post 232

 

dx

[gust]

so I shuld work out what the figures should be? and add to spreadsheet?

 

the N1 says 5910.64 plus interest. would this be refering to the 8% stat interest? or the agreement interest? so are you saying add the £99.06 stat interest to my spready?

 

thanks DX - im just glad this stuff will be over soon as im doing my on head in with it, nevermind yours!

[dx100uk]

if the spready runs to today then its already included..

 

as for the N1 figure read the claim form

it will say S69 stat int to date of judgement i'm sure

 

dx