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    • I am just tidying up the above and noticed something that I'm not sure is important or not. On the claimform they state:- Claimant purchased the balance on the account on 06/10/2016. The letters I received were all dated 24th November 2016   Once I'm ready I assume it's self explanatory entering the information on the moneyclaim site? I've looked around on here and can't see any particular instructions so I'm assuming it's a copy/paste of the defence above?   Thanks
    • Why do you need to write what down please?   AoS is acknowledgement of service via the MCOL website as per dx's instructions. CPR 31:14 is a legal document you need to send to the other side, asking for information.   HB
    • DX - looked back to my old threads on here - the Ordinary Cause was, indeed, thru Nolans, on behalf of Cabot.   Nolan's requested a Joint Motion for the dismissal of this action by way of Decree of Absolvitor, in favour me (Defender), with no expenses due to or by either party   As they couldn't supply any paperwork, my lawyer suggested (I managed to get Legal Aid for this) that unless they dismiss they'd be due me money, and they agreed. This happened around the end of June/beginning of July 2016. What should I do with them now?
    • Hi ok thanks for replies. I had trouble finding how to reply on  my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there   Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal   Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue   Date of issue   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc     **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim? original ticket was £100 plus additional fees so its at £255   Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?     I WILL TRY TO ATTACH THEIR WS - having trouble Do I just scan it in and attach it?   In the mean time my outline defence is:   No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus   *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land    I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving  *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.  Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later  Signage not a transparent contract insufficient in terms of their distribution  wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case  Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge  The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.  The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission.   The signs do not fall under deemed consent.    * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge   THANKS FOR YOUR HELP x   You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible  
    • Redacted and merged to one PDF   Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.    Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?   If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.  ilovepdf_merged.pdf
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tnook

Claiming old charges with contractual interest

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Hi all. Starting a new thread on the journey to reclaim my very old charges. The story so far. After chasing Barclays for almost 18 months and with days to go before a court hearing they handed over my credit card statements from 2001-2004. Many thanks to everyone who helped along the way. 
 

I’ve had a quick look through the statements there are approximately 20 charges there. £15-20 pounds each. I’ll sort them by credit card account and add them to the compound interest spreadsheet.  Then update here. 

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Glad you started the new thread and watching ..............


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don't forget the shelley and martin2006 threads 

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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.

 

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Single Premium PPI Q&A Read Here

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Ok I plugged in the charges to the spreadsheet and I am getting some very big numbers out. 
 

 I could split it into separate claims for the different credit cards. However even then the amounts are over the small claims threshold. 
 

Should I split it further? That would probably annoy the courts.


Is there a claim amount where BC start to put up a proper fight?

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Ooh, can you give us the figures?

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Are the cards still active?

if not you cant charge CI past the date they stopped charging their int IMHO

 

but you can charge staint on that total till they settle

 

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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15 minutes ago, dx100uk said:

Are the cards still active?

if not you cant charge CI past the date they stopped charging their int IMHO

 

but you can charge staint on that total till they settle

 

Dx

 

No they are no longer active. Why is there a limit to only charging CI during their active span? I would have thought BC would have carried on making money on the charges I paid from the date of the charge onward.

 

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nor investing at their card rate past when its not charged by them so neither can you.  

 

Rather than do CI

Use restitutional at 24.9%

Slick132 is the master on this


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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I'm learning  :) So contractual is different from restitutional then?

 

Can I claim restitutional for the elapsed time from the charge till the claim date?

 

Thanks for your help!

 

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Hi Tnook,

 

What rate did you use on the compound int't spready referred to in post #4 above.


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Hi Slick, I tried a few 24.9%, 29.9% then went to BC's website and found they charge up to 34.9% on some of their cards.

 

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24.9% see Shelley thread


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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Yep I read the thread, is that 24.9% for the duration I had the cards of for the time from then till now?

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Restitution..until they settle

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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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Marvellous, I was getting worried.

 

Slick, why 24.9%. Not disputing it, just curious when they charge all the way up to 34.9%

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Over the years, it's a figure that has been used successfully and is perhaps more easy to justify.

 

Also, as time marches on, older charges result in high amounts of restitutionary interest that can take claims beyond the safety of Small Claim £10K limit.

 

Let us know the approx figures you have for default fees and for compound interest thereon when  you use 24.9%.


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Thanks Slick. There are 4 credit cards in the statements. Using the CI spreadsheet at 24.9% I get:

 

Credit card 1:

Charges = £150   (8 charges)

Comp Interest = £6,681

 

Credit card 2:

Charges = £60 (3 charges)

Comp Interest = £2,191

 

Credit card 3:

Charges = £130 (7 charges)

Comp Interest = £5,949

 

Credit card 4:

Charges = £60 (3 charges)

Comp Interest = £2,192

 

Total charges = £400

Total comp interest = £17,014

 

I guess I could run these as separate claims.

 

Edited by tnook

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Seeking advice on this for you ..........


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Fascinating how sensitive the percent rate is on compounded interest. I was just trying the spreadsheet with the following values:

 

24.9% -> £17k interest (as above)

29.9% -> £32k interest

34.9% -> £61k interest (currently highest interest rate BC charge customers)

 

Don’t worry I’m not planning the impossible 🤣

Edited by tnook

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Yes, a tiny increase in the interest rate results in a significant hike in the compound interest on the spready. And the older the charges being reclaimed, the greater the effect of compound interest.

 

Advice from Site Team on the amounts involved is to proceed with card #1 claiming the £150 + £6681and card #2  claiming £60 + £2191. Total of £9,082 is within Small Claims limit of £10K.

 

Crack on though because interest will continue to rise rapidly.

 

Please remind us, have you reclaimed from BC (or other card) before.


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Thanks Slick. Will send out the letters tonight. 
 

I started a Cahoot claim but didn’t complete. Not claimed BC before. 

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Sorry question out of curiosity. Is there a problem with splitting a single credit card into multiple claims?

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Yes, splitting a single card claim into multiple claims would cause problems. If/when the bank looked to settle a claim, they'd want you to agree that the refund is in F&F Sett't of all claims regarding that account.

 

Secondly, please hold off sending the letter(s) while Site Team discussions are ongoing about this case.


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I see. Good point. Will wait before sending first round of letters. 

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Guys just to let you know. Chasing these claims is more out of the principle for me. Truly value the help CAG give and provide. Admire the reassurance and advice you give, especially to those in desperate need. Will be looking to donate a significant portion of the final claim. 

Edited by tnook

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