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    • https://www.consumeractiongroup.co.uk/topic/408156-cabotnolans-spc-claim-old-next-cat-debtclaim-dismissed/page/4/#comments https://www.consumeractiongroup.co.uk/topic/404240-arrowshoos-spc-old-newday-aqua-credit-card-debt-claim-dismissed-no-dn/page/4/#comments default notice win  https://www.consumeractiongroup.co.uk/topic/407490-meiii-cabotnolans-spc-claim-old-yorkshire-bank-loan-2nd-claim-dismissed/  
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    • With regard to your question on post 207 if you bring in the points that I made on the validity of the contract they are supposed to have with Peel holdings then mention that there are already doubts about the validity of the contracts that are being used by the PPCs and the OPS is a classic example. Once you are on there you should then try and get your other point in after that.   if it is in connection with the extra charge of £60 remind the Judge that the charge has been defined by many Court across England that the charge is an abuse of process which was covered in PE v Beavis at point 198    " The charge has to be and is set at a level which enables managers to recover the costs of operating the scheme"  IE the £100 charge covers all their expenses so nothing should be added.   as their WS claims an extra £60 that could be judged as perjurious since it is an additional sum that should be known by VCS and the author of the WS as a double recovery. Especially as they have already lost in Court for the same reason.   Another cause to prove that they do not comply with their Code of Conduct. file:///C:/Users/User/Downloads/CamScanner%2008-05-2020%2016.34.59.pdf  Byelaws are statutory not arbitrary as their WS said on no .42 .   Best of Luck.   The above URL does not work but this one does http://forums.National Consumer Service.com/index.php?showtopic=133001    [20.1 is where  VCS  lost then 20.2 where they appealed and lost again . But read the whole thread as it may help you in other ways too.
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    • stop doing nolans job for them... there are numerous threads here in the same forum yours is in     no DN info to follow   dx    
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Halifax Credit Card Charges Reclaim


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Cool.

 

Doesn't matter too much who the credit card was with originally.

 

The first thing to do regarding the reclaim is to start a new thread for that so the people with the knowledge will be able to assist you. When you do that, feel free to pm me with a link to the new thread so i can help follow it.

 

And yes, old charges can be reclaimed. It will involve a game of chicken with the bank at the small claims court.

 

OK cheers I will get her to send a CCA to DCA first then I will start a new thread re charges and will let you know.

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Remember that 1st Crud are wanting to reset the payment plan.

 

List the charges in a spreadsheet (date & amount) Going forwards these will have attracted interest charges (although they say that the order that payments are applied = charges first, that will still have meant that additional interest would have been paid on the real balance).

 

The amount of interest each month would be the interest amount * (total of charges + interest on charges) / balance (or the whole lot if greater)

List the interest amounts as well

 

You can charge 8% interest on each of the amounts - another column in the spreadsheet

 

Add them all up, subtract from what they say that you owe (unless greater than the outstanding balance, in which case they owe you)

 

Armed with that, any negotiation becomes easier

 

If you know the amount they owe you for reclaimed charges (increases monthly because of the 8%) then you know when to stop paying them

 

Don't forget to verify that this is all ok from the CCA angle. While they take time to find the agreement, that's more to hit them with.

 

n.b. if the banking error was your bank's fault, you might want to approach them for some compensation for the hassle & extra up front costs if you do end up increasing payments. Perhaps your bank would contact them on your behalf and negotiate for you ...

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Many thanks 2grumpy

 

Is there a certain spreadsheet in the CAG library for this or will I have to devise one of my own ?

 

After speaking to my OH last night she has advised that we already have SAR details for this card. We previously sent one to the Halifax regarding our mortgage and they sent everything (quite a large bundle) under our said names :-)

 

I just quickly went through details this morning and found copies of some old statements for her card and confirmation that they could not provide the original copy of the signed agreement.

 

It now transpires that the card was originally opened in 1991 transferred to another in 1995 then to the current account number in 1996. The account was then defaulted in March 2006 due to financial issues.

 

Shall I still send a CCA request to 1st Credit and in the meantime prepare a charges spreadsheet ?

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Hi all

 

As the last two posts are regarding a credit card charge reclaim, I have moved them to their own thread.

 

Please use this thread for all matters relating to the reclaim.

 

The way we advise you to consider is to make a claim for the charges and INTEREST in RESTITUTION as it is far simpler as it does not relate to differing interest rates that they may have used over time and can end up with you coming out ahead.

Pick the highest rate of interest they have applied to your credit card and use that as the apr you will charge them on those penalties.

 

Remember this only applies to credit card charges. NOT overdraft.

 

There is a spreadsheet somewhere, I will hunt down the link.

 

In meantime, please look at some success threads to get a rough idea on the process.

Although I cannot confirm my two are successful, I can say that they provide a useful guide on what you may want to do :)

 

Regards

 

SS

 

Interest Calc :http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

Interesting threads to read. : http://www.consumeractiongroup.co.uk/forum/showthread.php?423796-SabreSheep-Vs-Natwest-Moorcroft

: http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link

: http://www.consumeractiongroup.co.uk/forum/showthread.php?309037-Charges-older-than-6-years-***WON***-Compound-Int-t-and-**NO-SET-OFF**/page4

Edited by SabreSheep
adding links and fixing them

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Basically the short version will be

 

1) Calculate Charges and interest using info from SAR or Statements on hand

2) Decide if it is worth pursuing. Let us know outstanding figure vs the amount you can reclaim

3) Preliminary complaint letter : Draft here after looking at templates and other examples (without personal details)

4) When time elapses or the inevitable rejection letter arrives, repeat letter with updated spreadsheet , figures and LETTER BEFORE ACTION in big red scarey letters as a title

5) Prepare your Particulate Of Claim while you wait for the rejection letter to arrive (Or measly offer) using this thread to draft it.

6) Issue your claim on N1 form, asking questions and checking everything is in order before you do so.

 

Then we guide you along the process of litigation chicken in the small claims process.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Just to answer your pm.

 

1. The reclaim will go against the original lender.

 

2. When approaching settlement the OC may buy back the debt from the dca so any compensation could be offset against it.

 

Thats why we need the figures so you can choose to proceed or not.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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