Acenden, Spml, Eurosail, Ge money. Are these all same company?

[dx100uk]

read whats been said.

 

 

you cant use CISHEET for statint 8%

[martin2006]

Ok so its 4.78% up to the date you issue the claim, then

8% s69 stat interest from the date the claim is issued.

 

You could simplify the whole thing by using stat interest at 8% from the date of each charge, might be worth running up a separate spreadsheet for comparison before going ahead.

[cruzhughes]

Ok I'll do that as well.

[cruzhughes]

Statin sheet. Is this the correct one?

Spml StatIntSheet april.pdf

[martin2006]

No cruz, thats a ppi spreadsheet

[cruzhughes]

What one shall I use?

[martin2006]

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011&p=4273920#post4273920

 

Use the Statint one in the link above

[cruzhughes]

Try again

SPML claim nov.pdf

[cruzhughes]

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=34009&d=1330899219 This one says Ppi on the top of it. I'm r ally confused

[martin2006]

Read the paragraph above it, says it can also be used for s69 simple interest which is what you are trying to do in order to compare against what you have already.

[cruzhughes]

That's what I used in post 229 do I need to change the interest rate

[martin2006]

on the face of it, using simple 8% gives a higher amount amount and is a simpler argument in court.

 

I now know which one i would use

[cruzhughes]

So use post 233 instead? Is that what your saying

[martin2006]

That's what I used in post 229 do I need to change the interest rate

 

Sorry my bad, didn't realise it was headed ppi in the link, thats the right one

[dx100uk]

yes just rename it as you did before cruz

[martin2006]

I think ive looked at too many spreadsheets tonight.

 

To clarify, i personally would use the simple 8% sheet, it may be lower in value overall but its a much easier case to argue in court.

Using compound interest means you would have to also argue the merits of Sempra Metals v Inland revenue in addition to arguing the Limitation Act 1980 s32 (1) © inbrelation to charges over 6 yrs ago. Becomes much more complex, is it worth the little extra you may get?

[dx100uk]

yep good spot

I've noticed that before with mortgages charges

 

 

use the staint sheet and go for simple 8%

it comes out as more than compounded OC int

and releases the OP from ever having to justify a restitution claim.

[cruzhughes]

Thanks both I'll go for the lower one post 229?? . I think it's going to be difficult enough with the charges being over 11 years old.. and I would like to make things as less complicated as possible. As For the poc do I need to post it elsewhere to get help on that?

[cruzhughes]

It is SPML/acenden we are talking about here so the simpler the better. Ha. I've done that many sheets I didn't know whether I was coming or going. Is it worth getting it to under 5000 as court claim would be cheaper to issue? Or go in higher and pay the extra to issue to claim?

[martin2006]

Post up yr final POC before sending so it can be checked.

 

If you wanted to keep it under £5000 then remove the 2 legal fee entries, alternatively, leave them in and pay the additional amount to issue the claim.

 

Bear in mind though that you will be unlikely to get them to agree to refund the legal fees, i included them to give extra negotiating room but you dont have to if you want to keep the total below £5k

[cruzhughes]

Ok I'll leave them in it's around £100 more to issue I think. Are my chances good on all you know?

[martin2006]

In the majority of claims such as these, settlements are agreed at some point without any admission of unlawfulness and as GoGW.

That isnt always the case though, some go all the way to trial and at that point, its 50/50 on whether you win or lose, depends on how well you put your case across, how well they defend, whether you have a judge in a goid or bad mood etc.

You would be wise to have a figure in your mind that you woukd be happy to settle at, this should not be all of the claim amount, just an amount you would be happy with.

 

There are no guarantees with this kind if action but reading similar threads will give you a good heads up of how things should go.

[cruzhughes]

Any idea on a rough figure for me?

[martin2006]

Not for me to suggest, that one is your call. Assuming here that they start to play ball and begin making offers of settlement, which isnt guaranteed, it will depend how far you are prepared to take things and whether you would ultimately stand up to bring your case to trial. ( if you are issuing a claim you must be fully prepared to go the distance if necessary)

See how things begin to pan out once the claim is issued, they may cave early, they may fight all the way to trial, we simply dont know how they will react which is why it is so important to read read read like threads to educate yourself on what is likely to happen from here on in.

[cruzhughes]

Ok thanks for the advice. But think I will be issuing a claim