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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I am just about to file my on line claim and just have a couple of questions, (1) I am claiming on 2 accounts with Lloyds TSB but in their correspondance they have combined the accounts, should I make 2 seperate online claims or combine the two? (2) I have received £750 in my account as a goodwill gesture so have reduced the amount claimed by this. How do I calculate the 8% interest as this is on the full amount and not the reduced amount, Also, Is it a possibility they will take the money back out of my account when they receive the court order?

Please help I am very confused and dont want them to win !!!! :|

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Hi Cat,

I think you will win so hold on tight. There is a spreadsheet that you can use to calculate the 8% so still a bit of work to go. Yes, it is my understanding that the 2 claims get put together as one, which might also work out better for you when calculating interest.

 

Also, you need to send a letter rejecting the offer that they have sent. I am not sure if they will debit the money back out from your account so my advice is don't touch it just yet (tempting as it may be with the new year on its way). But keep the faith as so far most if not all claims have been settled in full as long as you stand your ground!!!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

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Hi

When I claimed against Capital One they paid part back which I accepted but I did it as such "thank you for your part offer, regretably this is unacceptable and I await full reimbursement". They shouldn't deduct the money back of your account but as the other person says don't spend it just in case. Have they given you a run down of what they are crediting back to your account ? Ie does it tell you exactly which charges they are reimbursing you for?

 

If not my advice would be to deduct the amount they have given you back and charge them interest on the earliest charges that means you get more interest back. The banks and credit cards do this when charging interest to us. For example when we take cash out of a credit card, pay a bill by a credit card and transfer funds the interest rates for all are different. If you pay back the next month the full amount of cash you took out they don't charge you less - they charge interest for the cash even though you have effectively paid it back. Hope you understand that!

 

The spreadsheet will calculate the interest for you.

 

I've won the whole amount back and it was due in court on the 4th January - they just settled on the 28th.

 

Keep smiling - you will win.

 

J;)

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Thank you for your advise, I have sent them a letter saying I will accept as part payment and will pursue my claim for the rest through the courts, I am claiming in total £1741 in charges and £290.31 in interest totalling £2031.31 so they have paid £750 into my account and I have deducted this off £1741 and kept the interest the same, but obviously this is wrong so I will work it out like you said by deducting it from the latest interest first. If I do deduct the £750 off and they later take it out of my account how do I go about reclaiming the £750 because my online claim will not include this or do I just claim for the total amount and they may just pay me the difference?

Im confusing myself now!!!

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Hi

 

If they have actually paid the money into your account I don't think they can take it back. I doubt very much that they will. They know they will have to pay it all back in the end and they are just chancing their luck that you will settle for that amount. So claim for the rest with the 8% on that part only.

 

If they take the money back - (the won't) then you can write to the court afterwards and tell them.

 

Or alternatively transfer the money into another bank account. If they try to take it back it won't be there for them to take back ! They have to get your authorisation to take money from your account and you won't give it to them. I think this is correct - take advice from citizens advice if need be but I don't think they will or can take the money back once it is in your account and it shows bad business for them if they do.

Especially as it is YOUR MONEY and not theirs.

 

Try not to panic or worry about it - it's new year enjoy yourself and sit back and relax and think about the money that's going to come in in 2007. I know it's not easy as my stomach has been in knots whilst claiming - it's very stressful. I am so relieved it's all over for me now. I just need to make sure I don't go into debt again so that I don't face other charges.

 

Have a great New Year and keep us all posted. Not long now !

 

J ;)

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