jakefromlondon v Co-op ***SETTLED IN FULL***

[jakefromlondon]

Hello all, and thanks for all of the info so far!

 

I did the LBA, etc, no reply, and then served a claim with MCOL for £3,361.34 (£2,638 plus £603.34 interest at 8% daily, and £120 court costs).

 

I have now got a letter and a refund from the Co-op for £2,364, straight into my account - Yay! They also haven't closed my account, which is great. But the question is: what should I now do, and can I still claim the 8% interest? I am talking here about the section 69 8% interest: I have not claimed back any debit interest from Co-op (it was a tiny amount).

 

I note that the MCOL 'notice of issue' says that I should let them know IMMEDIATELY if I receive any payment. So I should fire off a couple of letters pronto ...

 

That is the main question: please let me know if you have any experience of this!

 

There are three small complications to my case. The first is that by the time of filing the claim I added on three new commission charges, but the amount they refunded went from my list on the first letter to them, and so was £105 less. The second is that they corrected two small mistakes from my list (total value £25), and said that they weren't refunding the £8 service charge (£112). The third is that, even if I take that £242 off my original £2,638 I get £2,396: slightly more than the £2,364 they have refunded so far. I have no idea what happened to that last £32: is it perhaps taking £8 off some (but definitely not all) of the £10 service charges?

 

I want to get what I'm due, without being difficult or quibbling over small amounts (partly because I don't want to get on the wrong side of a judge, or needlessly get my account closed). £50 is a small amount in this situation, £500 isn't (it's a holiday, or all of my Christmas shopping). So: I'm fine with the £25 of mistakes I made (obviously), and with the £8 service charge (they could have been clearer on the statements, but fine). But am I really entitled to the 8% interest, calculated daily since each charge? And the £105 they charged me after my first letter, but before I filed the claim? And if yes to either, what do I do now? I'm fine on writing the letter to the bank explaining my position, but I'm not at all clear on what I should say to the court - perhaps just a copy of the same letter?

 

Many thanks,

 

jakefromlondon

[jakefromlondon]

Om my god! They've repaid the difference! It turned out that the first refund was before they had processed the court action notice. Once they realised it was with the courts, they paid the balance of the claim, in full. Even including the two small mistakes noted above, and all of the interest! Yay!

 

They haven't closed my account either: just told me to keep within the terms and conditions in future ...

 

If you're in any doubt, steel yourself and make the claim! Thank you everyone for all of the helpful posts that I have read ...

[jonni2bad]

CONGRATULATIONS

 

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