jster v woolwich

[Michael Browne]

There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

[Michael Browne]

Will this be ok?

Yes

[Michael Browne]

BARCLAYS BANK PLC

T/A WOOLWICH

1 CHURCHILL PLACE

LONDON

E14 5HP

 

[Michael Browne]

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely

[Michael Browne]

Daily rate is correct.

 

Date error is minor. Conceiveably the bank could nit-pick and refuse to pay those after 23/01, but it's doubtful. If they did you just make a2nd claim + any charges youi've had since

[Michael Browne]

do i send excatly the same copy of my schedule i sent the court when i file mcol?

Yes

[Michael Browne]

MCOL are dispensing with Aq's as standard now see here:

Is your court dispensing with the Allocation Questionnaire?

[Michael Browne]

Local court,presumably Portsmouth.

[Michael Browne]

i know i'm not clicking with something here. i read "New strategy for Allocation Questionaires" and it seem i have to attach it to AQ.

Yes, this would have been the case prior to the court dispensing with the AQ, but now with no AQ, there is no opportunity, seemingly, to propose the Draft Order.

 

However the suggestion is to still send this in the hope that it may be granted. It may well not be, but you've nothing to lose by doing so.

 

As for the letter to Barclays' that's fine, but you can't add new charges without amending youir claim (£35 fee- unreclaimable)

[Michael Browne]

i received a list of charges. i understand that this is the norm now.

That will be fine, no need to obtain statements as well.

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….and maybe a donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Please PM a Mod with details of your settlement for the Litigation Concluded forum

 

Congratulations. Enjoy the dosh!!!

[Michael Browne]

Your name v Bank Name

Claim number: XXXXXX

Issued: xx/xx/xx

Court: MCOLor XXXX County Court

Charges: £XXXX

Interest: £XXX

Costs: £XXX

Total Claim: £XXXXX

 

Something along these lines:

The Court Manager

xxxxxxx County Court

Court address

Postcode

 

Dear Sir/Madam

 

Claimant Your Name v Bank – Claim Number - xxxxxxx

 

I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled. The Defendant paid the full amount claimed, namely £xxxxx.xx.

 

As such, no further action is necessary in respect of this claim.

 

I would like to record my thanks for all the help I received from the staff at the County Court in the pursuit of this claim.

 

Please accept my sincere apologies for the waste of the courts valuable time spent processing and managing this claim. I do wish to inform the court however, that the decision to enter into this litigation was not taken lightly and that ample opportunity was given to the Defendant to resolve this matter by way of negotiation before proceeding with this claim. Regretfully, all attempts at meaningful dialogue were either rebutted or ignored.

 

A copy of this letter has been sent to the Defendant.

 

Yours faithfully,

[Michael Browne]

Excellent!!

 

Please complete the bank survey……….cheers for the donation.

 

See here for advice after settlement:

http://www.consumeractiongroup.co.uk/forum/general/7261-when-you-get-your.html

 

Please PM a Mod with details of your settlement for the Litigation Concluded forum

 

Congratulations. Enjoy the dosh!!!