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    • 1. Cabot and old sav credit card debt.. looks like for years he was scammed by clarity credit management out of money. Nothing new there, thats all rhey ever did. No signed agreement, no nothing to prove the debt. Sav credit would never have had a signed agreement. Card will be 80's era if not close too. Unenforceable!!   2. Natwest duo MasterCard..now rbs..cabot. No signed agreement. unenforceable.   3.  An mbna card from about 1999/2000 idem dca scammers no signed agreement unenforceable   4. Some kind of lloyds credit card, with idem. Theres a signed application form but that does not meet the requirements as there are numerous prescribed terms on that missing . Unenforceable.   5. Some kind of rbs secondary? finance no idea what, no agreement. Unenforceable.   pers id be totally ignoring them on all those. just because he got cash cowed for far too many years running the sb date to infinity, makes no odds to any of them.   old school..got had blind from day one, aided and abetted by yet again one of the so called charities, there to help..not!!   Dx    
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    • Hi. On the spreadsheet, the interest payments only stopped in July 2019, I have not paid anything to them since 2011. CT is claiming that all deadlines to pursue a claim with the Ombudsman has long passed including the original claim for PPI to pay for the loan when off work due to ill health. The National Debt Line said I should ensure that I can provide the 'exceptional circumstances' why any deadlines should be ignored and they stressed would be key to the Ombudsman accepting the claim as valid. This backs up what CT are saying, no point in looking at your cliam further as the deadlines have passed - NOT with 'exceptional circumstances' it hasn't. My claim is for:  1. My mental health condition at the time the claim was made (they can not say they weren't aware of that as they refunded £1700 insurance fee). 2. When a PPI claim was made, they never really dealt with it but updated the credit file from 2013 to 2019 as 'settled' therefore I would be right in presuming the dept was in fact settled, they wrote on my credit file it was. 3. They then updated the file in 2019 with missed payments and added a long term debt of £24k to the file, which they refused to change in 2019, but did change in December 2021, all of which I have screenshots of. This caused me issues with credit as the score had flatlined for over two years until they did change it. 4. CT was deploying a deliberate attempt to 'buy time' to take me past the past six years deadline. After a long chat with Ombudsman, they have said my reasons for 'exceptional circumstances' are realistic and should be made as part of my claim. 5. My claim is for all of the 24k to be statute-barred/outstanding debt denied. 6. I am also seeking compensation for none payment of PPI and making it a condition of the loan acceptance and compensation for unlawful credit file entry causing considerable problems with seeking even simple basic credit such as mobile contracts. The claim is now with the Ombudsman and as long as I can overcome any issue with time limits, I will be fine and looking forward to nailing them to the rafters. I have received an email from the Ombudsman saying the claim has been received.
    • Excellent! It is what I was hoping a well phrased (and not too pushy) letter might result in. In the end, they want to encourage ticketed-travel.   By showing you never intended to evade your fare, and by accepting that you had made a mistake : opened the door to them thinking “we don’t need to punish this person, likely they won’t let it happen again”   Result. Well done, bet you are relieved!
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Sk1ntBint v First Direct


Sk1ntBint
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Just about to start my first claim, I've used 19.9% which is the EAR for unauthorised overdraft at First Direct (this is the latest figure I've no idea how its changed over the last year) - does this look ok? Has anyone else successfully used this?

 

I did look at the contractual interest sheet in Vampiress place but that was too complicated for me!

 

Many thanks for all your help. :cool:

 

FDClaim.jpg

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  • 4 weeks later...

Hello, didn't get a reply to my first post :( but went ahead with my claim anyway.

 

My charges came to £514.77 and I decided to charge them contractual interest at 19.9% EAR (unauthorised overdraft figure) this came to £77.65 interest. Total £592.42.

 

Got a letter today saying that "a fee is payable when they consider making an authorised payment that will lead to my account exceeding an agreed overdraft and details of their fees for THIS SERVICE are clearly set out in our tariff".

 

They said that they would successfully resist any legal challenge, but offered me £403.00 as full settlement to avoid any irrecoverable legal costs should I wish to go to court.

 

Ok, a few questions:

 

1) Has anyone else successfully claimed contractual interest?

2) Can I keep updating the interest figure each time I send these letters or do I have to keep to the original claim? Obviously if this takes a month or two to go through I will be losing out on interest keeping to £77.65.

3) Are they trying to make out that these charges were part of a service? This is clever since obviously they are allowed to charge for services...

 

They give the name Robert Kernaghan, Customer relations manager to reply to.

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Hello, didn't get a reply to my first post :( but went ahead with my claim anyway.

 

My charges came to £514.77 and I decided to charge them contractual interest at 19.9% EAR (unauthorised overdraft figure) this came to £77.65 interest. Total £592.42.

 

Got a letter today saying that "a fee is payable when they consider making an authorised payment that will lead to my account exceeding an agreed overdraft and details of their fees for THIS SERVICE are clearly set out in our tariff".

 

They said that they would successfully resist any legal challenge, but offered me £403.00 as full settlement to avoid any irrecoverable legal costs should I wish to go to court.

 

Ok, a few questions:

 

1) Has anyone else successfully claimed contractual interest?

2) Can I keep updating the interest figure each time I send these letters or do I have to keep to the original claim? Obviously if this takes a month or two to go through I will be losing out on interest keeping to £77.65.

3) Are they trying to make out that these charges were part of a service? This is clever since obviously they are allowed to charge for services...

 

They give the name Robert Kernaghan, Customer relations manager to reply to.

 

 

Hi Skint

 

Not been here long myself, so anything I say would really need confirming by someone with more knowledge than I but will tell of my experience so far.

 

Firstly on the charges you’ve calculated did they include any of the interest they have charged and if so have you only included the unauthorised overdraft interest and not any interest that would be applicable due to any agreed overdraft. The reason I say this is because I made that mistake and just included any all interest out of ignorance(Doh!!).

 

Having said that they would probably still have to take it to the court stage to rebut them and as they are clearly doing anything not to go to court as this could leave them exposed to having to justifying the charges in the first instance.

 

In response to your questions.

 

1 Yes quite a few (Have a search if you need help I look for you)

 

2 Yes Keep adding any further charges you get to the running total until it gets to the court stage & then it will still be adding up the interest at the daily rate until judgement or there settlement offer. (Again do a search there are some very good successful POC’s available) I.e. http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/49470-contractual-interest-details-case.html would be a good example. If you have used the spreadsheets from vampiress and I would suggest that you do then the daily figure is automatically updated when then from date is updated.

 

3 I’m sure they will try all & every tactic to avoid paying them back, but if they were so confident that this is the case why have they not taken one single case to court and used that argument, I say its because they know there not a service, after all where’s the service in charging us £25-£39 for a computer generated letter.

 

LOL at there claims they would be successful in court, I’d be cheeky and send them a letter in return asking them for evidence where they have been successful in the past.

 

I hope this is of help, I would PM one of the mod’s a link to your thread if you get stuck

 

Best Regards

FB

Law Pack & Small Claims Procedures Ordered Via site :) received 26/10/2006 I thank you :)

 

Claiming contractual @ £1.40per day ;) take your time Mr West

 

Can't wait to donate my 5%............. :)

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Thanks for the reply!

 

I've just seen in the letter it says 'I am not willing to review Recall Fees."

I have three charges marked 'CHARGE RECALL S/0-D/D' are we not allowed to claim these back?

 

 

If they are as they suggest then yes you can claim back the charge for failed Standing Orders & Direct Debits.

 

It would be in your best interest to look at the successful claims sub section for First Direct to make sure, as I don't have experience with first direct.

 

RGDS

FB

Law Pack & Small Claims Procedures Ordered Via site :) received 26/10/2006 I thank you :)

 

Claiming contractual @ £1.40per day ;) take your time Mr West

 

Can't wait to donate my 5%............. :)

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Funbint the claim you sent Contractual Interest: Full Details of Case against RBS including pleadings says that the claimant forgot to file for contractual interest?

 

 

If you read the downloadable poc that has been addressed :) :)

Law Pack & Small Claims Procedures Ordered Via site :) received 26/10/2006 I thank you :)

 

Claiming contractual @ £1.40per day ;) take your time Mr West

 

Can't wait to donate my 5%............. :)

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