Need Some Advice Please.

[RCR50]

Photoman hi

 

Thank you sooo much for your reply - it is soo helpful I cannot tell you and the link is a great help both practically and in terms of moral.

 

I am feeling a bit out of my depth with all of this...I am very grateful to you.

 

Best wishes

[GaryH]

PM pretty much summed it up there. What I would also add though which is important, is that claiming CI is not just about pleading it on the claim form. You must understand the principles upon which you are claiming it - and believe in them, understand it is unsubstantiated in law, and that you could well have to argue it in court.

[RCR50]

sorry - deleted this post..was being an air head and have now got my head around things using photoman`s business link....

 

thanks all.

 

thanks Gary too - your links above are amazing.

everything you could possibly need to know

[RCR50]

Because I had asked LTSB from the beginning for contractual interest at the lower rate, I decided to keep my court claim to this however, could I ask whether you feel this is viable.

 

On the particulars of claim...when it got to part 5 I have put,

 

Accordingly the Claimant claims (a) The return of the amounts debited in respect of charges and any interest charged thereon of £**** Plus contractual interest in the sum of £***** on the legal basis of Balance and Fairness. (The principle of mutuality and reciprocity). I am claiming the lower rate of interest at 18.9%. However, as the Defendant took my money without any lawful authority to do so the court might decide the Defendants unauthorised rate of 28.9% (£****) on Balance and Fairness is more just and I will leave this solely tot he courts discretion. (b) Court costs. © Interest pursuant to section 69 County Courts Act 1984 from date of issue to etc etc ........

 

I know that I really should know all this stuff but how many copies of the claim form do I send to the court and do I just include a copy of breakdown of charges - and if so, how many.

 

Thank you!!!! This is scary! I noticed today that Colmore Row recieved my prelim on current a/c. I don`t know where you are Guido but I am becoming sooo brave.

 

Couldn`t have done any of this without you chaps..

 

PS Gary, did you put that A-Z guide together yourself - It is amazing!....and I am still asking questions!

[RCR50]

I sent my prelim letter to LTSB on my current account a couple of weeks ago. Also, I put in my court claim this week on my business account. Today I received a letter from LTSB saying they were sorry that I was still unhappy with my charges but this was their final response --- obviously, no way they would return my charges and they enclosed a booklet for the financial ombudsman...It is slightly confusing because I don`t know whether they think my prelim letter on current a/c was a continuation of my claim on my business account......Should I now just send an LBA on my current a/c.

 

Also, it is 2 weeks since MBNA received my LBA and I have had no response - should I just put in my court claim now...

 

Many thanks.

 

Best wishes

[photoman]

I sent my prelim letter to LTSB on my current account a couple of weeks ago. Also, I put in my court claim this week on my business account. Today I received a letter from LTSB saying they were sorry that I was still unhappy with my charges but this was their final response --- obviously, no way they would return my charges and they enclosed a booklet for the financial ombudsman...It is slightly confusing because I don`t know whether they think my prelim letter on current a/c was a continuation of my claim on my business account......Should I now just send an LBA on my current a/c.

 

Also, it is 2 weeks since MBNA received my LBA and I have had no response - should I just put in my court claim now...

 

Many thanks.

 

Best wishes

 

If you have followed procedure properly, and all your letters contain the relevent account numbers, it is their own error if they are confusing the two claims.

Proceed to next stage on each claim as per the timeline you have given, and that includes your MBNA claim.

[RCR50]

Thanks Photoman

 

I have indeed sent letters with relevant account numbers on etc and followed everything by the CAGs book etc......I shall just press on then - THANK YOU! - I hope that your claim is going well...I have not been keeping up with threads - must read your thread - I do believe that you are claiming full contractual interest and started your claim at the beginning of the year....hope it is progressing well.

 

Thank you again

 

All the best

[RCR50]

Could I ask anybody please....just getting very cold feet `again`What are the chances of LTSB calling in my authorised overdraft facility or closing my account. I have never had any disputes with them pror to this - have been a customer for over 20 years and, whilst I do use my overdraft facility to the limit I have only gone over my limit temporarily once or twice in the last couple of years.

 

I was looking at some other threads and I read that LTSB threatened to take Fishpond to court for settlement of his loan and overdraft.

 

My overdraft facility is up for review every July when they simply add another year to it...I am beginning to feel very anxious about the whole thing again.....Also - as I am claiming on two accounts with LTSB - my business a/c is closed - is this likely to make them more retaliatory.....just getting anxious about the whole thing.

 

Many thanks.

[GuidoT]

Be brave.

 

I have not heard of them closing account for some time now, in particular after the banks were told off and fined for retaliatory activities a month or so ago.

 

I think Pondfish 'Fishpond' has different circumstances to you, where the sum has been defaulted, but I am working off memory (sorrry Pondy if I am wrong).

 

Do not worry.

[photoman]

RCR

There are measures you can take under the Banking code, when an account is in dispute (ie; the amount you actually owe them is in dispute, as it certainly is) This means that they cannot take retaliatory actions.

Michael Browne just posted me this link to forward onto you regards this.

http://www.consumeractiongroup.co.uk/forum/barclays-bank/76054-barclays-withdrawing-overdraft.html?highlight=Banking+Code

 

regards

[RCR50]

Guido and Photoman,

 

Thank you both very much for your help.....very grateful to you both.

I shall try not to worry too much and certainly, the info that you have passed onto me really helps. Thanks!

 

I tried to click both of your scales but I was told - and I quote, that I `had to spread my reputation around a bit before giving it to either of you again!!`

 

I honestly absolutely would not be able to do any of this without you guys.

[RCR50]

Can I be a nuisance and ask somebody to clarify something for me please.

 

I want to fill in my claim form for a small amount from MBNA - however, they repaid me £280 as a good will gesture after my prelim......I sent a LBA asking for the outstanding amount.....what confuses me is the 8% interest.....I do not know exactly which of my charges would have been the £280 and it is impossible to calculate the 8% on the outstanding amount. Therefore, do I just add 8% to the initial claim and then deduct £280 from that amount as my claim?

 

I received my notice of issue on LTSB today....

 

Thanks anyone.

 

Best wishes

[photoman]

Can I be a nuisance and ask somebody to clarify something for me please.

 

I want to fill in my claim form for a small amount from MBNA - however, they repaid me £280 as a good will gesture after my prelim......I sent a LBA asking for the outstanding amount.....what confuses me is the 8% interest.....I do not know exactly which of my charges would have been the £280 and it is impossible to calculate the 8% on the outstanding amount. Therefore, do I just add 8% to the initial claim and then deduct £280 from that amount as my claim?

 

I received my notice of issue on LTSB today....

 

Thanks anyone.

 

Best wishes

 

Just try entering the amount paid back as a negative figure on your spreadsheet, with a description something along lines of " PArtial repayment recieved", and the date it was recieved.

The spreadsheet should then just work out the outstanding amount.

Let us know if this works.

[RCR50]

Photoman - thanks!

 

I could not make the spreadsheet do what you suggested - probably just me! but I realised that MBNA had paid me anything above what they had charged me over £12 so I just changed all the entries in my spreadsheet to £12....I am sure that what you suggested does actually work - just not for an air head like me!

 

Thanks PM - hope all is going well for you.

 

All the best

[RCR50]

Dear anyone!

 

I know this is my LTSB thread - however, can I possibly ask about my MBNA claim - I did not get a respone to my LBA and really should have put in my court claim by now.....However over the past week, when I get home there is always a message from MBNA on my answerphone...it does sound a bit automated with exactly the same message that does not say my name at all and there is a long pause before anybody speaks..so I sense it is not an actual person on the phone - it asks me to call a certain number.....I do know that `if` this is about my claim, I will mess it up completely because if they speak of charges being valid and that I knew what their conditions were when I opened my account, I know that I will end up saying, `Okay, alright then`.....I would be useless, I did say in my prelim and LBA to them that I would like all correspondence between us to be via letter......should I just ignore these calls from them and just put in my court claim??

Sorry - I don`t mind admitting that I am a girlie all on my own and I do not like confrontation etc...and I find all of this so scary.

I received a notice from the court that acknowledgement of service had been filed with LTSB - business a/c and they have indicated an intention of defending all of the claim....Is this standard?

I have not sent my LBA on my current a/c yet - it is for 3k and I am waiting until my annual review of my od facility where they normally just add another year - this is july 17 - I figure that if I wait until I have another year put on the facility, there is less chance of them calling in the facility (which is at its limit - lathough I do keep inside that limit). I do find this all so scary......

Anyway, I do hope that your claims are going according to plan.

Best wishes

[LISAM696969]

lloyds case is usual they do defend most cases so don't worry about that you'll get an allocation for it soon and just go from there , the MBNA one just ignore calls or if it is on your home phone you can ring bt and tell them you are getting niusance calls they give you a facility which allows you to block the number they are calling from by pressing something on phone when they ring or if they withold number again bt have a facility to ignore blocked numbers so they can't ring you but just let them write to you then you have proof of everything they say , LISAM696969 hope this helps if it has click my scales thanks !!

[GuidoT]

MBNA - Do not bother to phone then, just file your claim at court. If they want to settle in full they can write to you.

 

On business account, yes this is normal, normally Foot Anstey are the solicitors, not SCM.

 

On current account, I would not wait until the 17 July, if they choose to call in the facility they will do so in any event at any time. I have not heard on them calling this in for some time though.

[RCR50]

Thank you both very much indeed - I am very grateful for your help and you have put my mind at rest.

 

Guido, the solicitors are Sechiari Clark and Mitchell.....Still hesitant about putting in current a/c claim until OD has been reviewed - I figure it is reviewed automatically with just a year put onto it if there have been no probs and defaults - which there have not - I feel that to put in a claim means the account is actually looked at and they might get stroppy....thank you anyway.....still not sure.

 

Many thanks.....best wishes

[photoman]

Thank you both very much indeed - I am very grateful for your help and you have put my mind at rest.

 

Guido, the solicitors are Sechiari Clark and Mitchell.....Still hesitant about putting in current a/c claim until OD has been reviewed - I figure it is reviewed automatically with just a year put onto it if there have been no probs and defaults - which there have not - I feel that to put in a claim means the account is actually looked at and they might get stroppy....thank you anyway.....still not sure.

 

Many thanks.....best wishes

 

RCR50

 

Even when an account overdraft is renewed a Bank still put in clauses that they are entitled to recall all sums outstanding upon it upon demand at any time within the term of it anyway. Ordinarily they are fully within their rights to do this.

Your better approach would be. Wait for confirmation that the overdarft is renewed. Proceed with your actions anyway, upon commencement of which they may freeze any further borrowing even if the account is not at it's full overdraft limit. They will be fully entitled to do this.

If however they also attempt to then recall any current borrowing, this can be countered by an assertion that the true extent of your liability to them is currently in dispute, and that such actions are purely retaliatory.

They will have no rights whilst the action is under way to recall said amounts (provided they are lower in total to the full amount of your claim, interest and costs, anything above may be tricky).

There have been plenty of cases on site of people in similar situations, who have sucessfully halted any such retaliatory actions, so hunt around or Pm some site helpers or Mods for advice.

 

BTW. Have you set up an Umbrella account?

 

Best Regards

 

Photoman

[RCR50]

Photoman hi

 

Many thanks for that - as always a really good help - very grateful...I shall have a look at the links.....will set up an umbrella account today online.

 

I think that I shall indeed wait until my overdraft facility is reviewed before proceeding with current account claim.....It is so wrong that, as in most things, it is the most vulnerable, the weakest (the most hard up) that are often afraid to stand up for themselves. Our claims should be entirely independent to what is going on with our bank accounts - we are paying for the privilege of those facilities - they were agreed by the bank in the first place.....and none of this should be `allowed` to be affected by us asking back for what was unlawfully taken from us. On my current account they had been taking a whacking £60 for inadvertently going over my limit for a couple of days at one stage....and then once people started reclaiming bank charges it was dropped to around £30.....I know that overdraft facilities can be called in as stated - but if we have been a customer for a long time and have stayed within the limit of that facility and faithfully paid them for the facility, it is outragious that they call in overdrafts just because we are reclaiming charges......My overdraft facility is infact larger than my claim as well!!!I shall read the links photoman and thanks again.

I hope that your claim is going well...if I recall, you are claiming unauthorised and I hope that all goes well and it is settled soon.

 

Best wishes

[RCR50]

Sorry - its me again!

 

I have obviously scanned the site over the past few months - however, just so that I am absolutely sure, can anybody tell me please what the state of play is....I am not sure whether I just leave things and wait to hear from the court etc....

The court sent a notice of issue saying it would be deemed served to LTSB on 12 may.....and then I received a notice from the court saying the defendant filed an acknowledgement of service on 24 May - Apparently they indicate an intention to defend all of the claim......

Just to be sure, do I just wait now and do nothing. They have until this coming Saturday to file a defence.

Can anybdy tell me please what happens next.....

Thank you!

Best wishes

[elsinore]

Hi RCR.

 

Nothing you can do until at least next Monday. Even then you might as well wait another week to see if LTSB slip a defence in at the last minute.

The court wil be inclined to allow it, even if it's a few days late!

 

When you feel you've waited long enough, check with the court to see if they have received anything and, if not, you can apply for judgment.

 

Els

[RCR50]

Elsinore, Thanks very much. Much appreciated.

[RCR50]

I received a copy of LTSB defence today......(I know that I should really completely understand elementary stuff like this by now - but would appreciate some reassurance please).

 

Is this just a standard defence...It is three pages long and lists 10 points....It basically states over and over that these are not penalties but fees for a service - that I was fully aware of their terms when I became a customer and it is a misconception on my part to think that I claim a refund of interest on overdrafts (I did not - I just claimed the interest on the OD as a result of penalties etc as everybody here has.....)....I am panicking aren`t I!!!!

 

Can I just ask whether you feel this is just a standard defence.....and what I do now please.....Do I just hang on and wait to hear from the court again.....

 

Thank you!!!!!

 

All the best

[nicolefrenzy]

anyway you could type out the full 10 points? to see if they are standard