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    • Attachments (Exhibits)   FTMDave and I have called them "Attachments" but I note Andyorch used the term "Exhibits".  I don't think it makes any difference which you use but perhaps Exhibits is more correct.  Whichever you use, make sure you use the term consistently.  (i'm going to use Attachment for now).   You use Attachments as supporting evidence for things you mention in the numbered particulars of your claim.  Might be a report from a third party or a quote from a third party.  In the relevant numbered particular of your claim you refer to the appropriate Attachment supporting that part of the claim.  eg like this "(See Attachment A)".   You can use numbers or capital letters to identify each Attachment.  I don't think it matters which but be consistent in your usage.   It helps if the Attachments are organised and incorporated into your claim in a logical sequence.  (eg A, B, C etc)   Make sure each attachment is clearly labelled "Attachment A"  etc.   If it is not immediately clear to the reader what an attachment is, put a brief description.  Eg "Quote from XXXXX Ltd to complete unfinished plastering" or whatever.  Make sure the reader can understand what each attachment is.   Ideally each Attachment will be no more than one page.  So you can make the labelling of attachments even clearer by labelling them "Attachment A  -  page 1 of 1" etc etc.   If an attachment is longer than one page you label it "Attachment A - page 1 of 2" and then "Attachment A - page 2 of 2", or whatever it is.   By doing all that you are making it easier for the judge to follow - and you want the judge on your side...   Now - what you've posted in #109 is helpful because it adds up to to £16577.  Which is good.  But if I were the judge, I'd want to know where the individual items come from.     So what you have posted in #109 should - I suggest - be your final attachment.  Let's call it "Attachment H" for now.  So at the end of your particulars of counterclaim where you say you are claiming £16577 from the defendant, you put the reference "See Attachment H".   The judge then looks at Attachment H and sees a total of £16577.  What you then need on Attachment H next to each individual item on there, is a reference to which earlier Attachment that item comes from.  eg "See Attachment C".  The judge can then look at Attachment C and understand where the item on Attachment H comes from.  By doing that rigorously and methodically for each item on Attachment H you are justifying each item and the total of £16577.  Yes?   Your schedule in #109 is OK but raises questions that need answering.  eg: spelling as spotted by Honeybee13 Grand total as spotted by Honeybee13 TBA or estimates as per my previous post and Honeybee why is it in two separate sections (£8577 and £8000)? The item numbering is absolute garbage At the end of the day it is going to be the detail (or lack of detail) in your attachments that will win (or lose) you the case.  It has to be just right and you have to be consistent.  It has to be logical, methodical and consistent so it can be understood immediately.   I don't want you to give me answers to these questions.  I want you to act on them.   As I said earlier, don't post any more work you have done for now.  Wait until FTMDave is back this evening so we are all working from the same page at the same time.   If Andyorch or FTMDave suggest anything that disagrees with me, go with what they say.  They know more than me.   (I suspect one of them might suggest some kind of contents list identifying and listing all the different attachments)    
    • Hi again I sent my letter off on Monday, signed for delivery as I wanted to make sure it's got there, it was finally delivered yesterday Last night I had a text from them:   "There is a 50% settlement discount available on your account.  If you cannot pay in full this can be paid across 3 equal monthly instalments of £339.57.  To take advantage of this offer please visit" and then a website link.   Hopefully they will be in touch soon to say they've taken the letter on board and will leave me alone now.   I'll update this thread if I hear anything, it really helped me to see others had been in my situation. Fingers crossed
    • It hasnt caused tfl financial harm, those cards are paid for by the public purse. Your abuse of that is what you need to get acrossYour   id also state a criminal record will destroy your future career totally.   Dx
    • sure, this is the email i will send today unless there are any changes i should make?   Dear Sir/Madam,   I am emailing as I wish to ask for an out of court settlement regarding my case (case number). I realise that my actions have caused TFL financial harm and for that I am truly sorry, and would like to help remedy this in any way. Whilst there is no excuse for my actions, at the time, I was struggling to afford transport as a student working only 6 hours a week. Student finance did not provide maintenance for masters and on top of this, I was on universal credit during that time. I have since been paying for the travel using my bank card and despite going into overdraft multiple times, I continued to pay the full fare for the past 4 months and will continue to do so. This is a mistake I truly regret and am willing to pay the entire amount stated to settle this as soon as possible. Thank you in advance for your consideration.   Kind regards,    
    • Ex-Credit Suisse chief António Horta-Osório went to Wembley on same day he attended Wimbledon.View the full article
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jojomojo
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Hi there,

Trying to look ahead, as i'm not up to this stage yet, but i've been reading that Barclays will probably either ignore my request of offer a partial (goodwill) refund.

Looking through the site I can see that the advice is to take this, however only as partial payment and continue on trying to get the rest back.

 

My question is if they do this, how do you let the bank know that this is accepted only as partial payment, do I literally just bank the cheque, send them a letter stating that I am still seeking the remainder and then file a claim in the court?

 

Any help would be great.

 

Dave

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Hi Jojomojo.

 

Send a letter thanking them for their offer which you are glad to accept as part payment but you will be pursueing the balance in court.

 

There is a letter template in the library for this.

 

Click on this link for the letter....

 

Hope that this is of some help.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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Perfect Rooster,

Thanks for the speedy help!

I have another quick question if your free

I've calculated my total charges at £3260

My 8% interest total is £593 (all according to the simple spreadsheet calculator)

In the prelim letter do i add in the 593 as the second figure, making the total (third figure) £3853?

 

This is probably really straight forward, but finding the instructions kinda complicated, as you may realise i'm not that good with Cash, hence the £3k figure for charges :)

 

Thanks again

Dave

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Hi JoJo,

 

I assume you are referring to this paragraph:

 

"I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX ."

 

What this is referring to is overdraft interest on the fees you have been charged, not the 8% interest that you add when you go to court. Most people skip the overdraft interest as it is difficult to calculate. Just change the statement to read as so:

 

"I calculate that you have taken £XXXXX in charges."

 

Remember, add the 8% interest at the court stage.

 

Simmo

 

 

 

04 Nov 06 - S.A.R - (Subject Access Request) letter sent

16 Nov 06 - Statements received - £2685.00 of illegal charges incurred

17 Nov 06 - PAR (Preliminary Approach for Repayment) letter sent

01 Dec 06 - Received Stalling letter from Barclays

02 Dec 06 - LBA (Letter Before Action) sent

18 Dec 06 - Claim filed with MCOL

20 Dec 06 - Settlement Rejection letter sent

03 Jan 07 - Claim acknowleged by Barclays

22 Jan 07 - Claim defended by Barclays

 

 

You wanna know how you do it? Here's how, they pull a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue!

 

Please click the scales at the bottom left if you find my advice useful. However, the advice I give is only my opinion based on my experience, I am not trained in Law!

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