Please help for an old lady

[chezt]

Hi there ... I've just been lead to this thread by a big hairy guy with an even bigger heart! (The jungle drums were calling!!)

 

Anyway, looks like you've got enough help to get you going for now but please make sure you keep updating this thread along the way with any Q's so we can guide you along. I've subscribed to your thread now so I will be informed of any new posts & if I can help then I certainly will.

 

DCA's can be scary & for an older lady especially so. Lets hope even now at this early stage that she can hopefully feel a little better about the whole situation. Tell her we're all behind her

 

Good luck & I think what you are doing for this lady is just wonderful

[chezt]

Thanks sarah, I do appreciate all your help.

So Bill, soon it will be

'Another one bites the dust' and Dotty will be able to afford to go to

'Barcelona' and I'm now getting into this so...

'Don't stop me now'

 

LOL you guys !!!

 

Here's a couple of singalongs for THEM :-

 

Dotties' Rhapsody.

 

 

 

BTW ...A4 Deffo Ain't Big enough ... u want wanna them huge ones like they have on children in need etc ... !

[chezt]

 

If the answer to No 2 is the account balance on that date the interest has been debited, then do I put in a - sign if in o/d ?

 

 

No it's not, and no you don't !!

 

Hi guys ... sorry to confuse matters BUT If ur using the Vamps spreadies then surely the answer to the above should be YES put a minus sign in front of the amount if the balance is overdrawn?? If you don't the sheet takes it as a credit balance & deducts interest instead of adding it

 

Am I confused here or what? :?

[chezt]

Sorry, guys, one of the upgrades that Vamp put in was to make it unnecessary to put negative values in here. If it's an earlier sheet, then you are indeed right, Chez, and it should be negative (in brackets). If it's the current sheet, then it doesn't have to be - it can be either + or - ve.

 

Sorry for confusion !!

 

Bill I'm still confused! So you mean with the new sheet you just enter the amount & it doesn't matter if it's an overdrawn or in credit balance?

[chezt]

If I've got this right, Chez, what goes in that column is the average overdrawn balance for the month. If it is an average credit, then I don't think there should be anything in that column cell for that month (or just 0). TBH, I've never claimed the interest on that side of the sheet, so I'm unfamiliar with using it.

If in doubt, though, continue putting a negative figure there, as that should work with old or new sheets.

 

ahhh ... OK gotcha! TBH I could never be a) bothered or b) work it out (!) so I always just entered the balace on the last interest calculating day .. doesn't make much difference overall & saved me loadsa time faffing about tryna work out averages IYKWIM!

 

Cheers matie!

[chezt]

Batty Bill would have to say, "OH, no - you MUSTN'T do that !!"

 

Bill-k says, "Yeah, sod it, mate - that'll do !"

 

I know what you mean but if it's wrong then let the bl**dy bank work it out - that's what I say!

[chezt]

Bill,

Just sent you the spready. Let me know ( in laymans terms)if it's OK

Dont know how to claculate what to put in this column:

 

Estimated average overdrawn balance during period of interest

 

Destiny

 

Destiny ... this is wot me n Bill were just discussing over the last few posts ... av a read n see if it helps make things a little clearer

[chezt]

Yes you do have to put a figure in as it needs to be complete to do the calculations on the spready ... I'm claiming compound contractual interest on my claims

[chezt]

Trish it's best to keep all correspondence in writing as you have no record of proof with telephone convs ...as tempting as it is !

 

Yes it is a sad story but with a happy ending on the way for the luvly lady I'm sure

[chezt]

Ok Chez,

How do I calculate what figure I put in here?

If there are 8 charges in any one month, what figure do I put against eahc charge in this column?

 

Treat the colums as seperate information ... ie charges on one side ... interest on another.

 

list all charges seperately against the date they were taken .(on the left) .. then the interest (which is only taken once a month) goes in the other column (on the right)

 

Hope this makes sense ... it's all confusing at first but once it clicks it clicks!!

[chezt]

Sorry I went out & have only just got back on here tonight ... hope you are sorted now DOS ... I've used the spreadies from the Vamps chambers in google ...where Bill is known as Batty!

[chezt]

Hi Guys! Bill I didn't realise you had downloaded the google sheets into excel mate! Whenever I've tried to export from the chambers it always messes up the formula etc so I just use/store them online now - works fab for me that way!

 

DOS glad it sounds like you're finally sorted with your spready ... the contractual interest certainly increases the claim doesn't it!

 

Good luck & well done so far!

[chezt]

Aaaw - sorry, Chezzie !! What with all the help you give peeps with spreadies, I shoulda told you FIRST - not LAST. Real soz, mate !!

hey that's ok Bill ... nay worries!

 

Thanks Bill

And thanks Chez for your invaluable input as well.

 

you are VERY welcome

[chezt]

Glad you made it DOS ... well done Bill/Karney ...

[chezt]

Any news????

 

Wxxx

 

I was wondering that just yesterday ... Haven't heard from DOS for a while - Hope he's not having probs logging in again?

[chezt]

I think banks tend to be a bit more 'acute' with the keeping of such records too as opposed to catalogues etc ... just stick to you tack as the others have suggested & write back to them telling them you ar dealing with RBS direct & the account is currently in dispute ... I;d be tempted to write to RBS too letting them know how disgusted you are that they have referred the acc to a DCA when it is clearly in dispute.

 

I wonder if you could use any of my recent 'toxic' letter to Abbey credit card in a letter to RBS?

[chezt]

I'm sure you could copy and paste a few extracts for her to use Chezt, I think she'd snowed under right now with the directions hearing. I'll help out with the 'fine tuning' if needed:)

 

Wxxx

 

Yep sure can do if u think it can be used here ... off to grab my scissors!

[chezt]

Yep sure can do if u think it can be used here ... off to grab my scissors!

Sorry I've been a while .... !

 

Dear Shabbey!

 

ACCOUNT NUMBER: xxxxx

 

I am in receipt of your recent letters regarding default notices and threatening court action, CCJ’s, Baliffs etc relating to the above account. It is also noted on my statements that my ‘account is scheduled to be defaulted and sold to a third party’. You are aware by now that this account is currently in dispute and you have received several items of correspondence from myself confirming this. I have also received a letter from your Customer Advocate Office Manager, Gavin Byrne assuring me my dispute is being dealt with and apologising for the delay in responding to me. I really find it appalling that you chose to conduct yourselves in this manner when dealing with my account. I can only assume that your departments do not communicate with each other as I am sure this mixed communication would not have been issued if this were the case. I trust you will be taking necessary action to remedy this without delay.

 

I now request with some urgency that no further action is taken with regards to this account as I presume you should be well aware that as a financial institution governed by Banking Code Standards, youare unable to default an account which is in dispute. Abbey Credit Card and MBNA Europe Bank Limited are therefore in danger of breaking Section 13.6 of the Banking Code where it states that a financial institution may only pass on details of debts to the Credit Reference Agencies if the debts are not in dispute. May I also draw your attention to a recent Banking Code Standards Board bulletin (issue no 21) where it highlights the issue of account closures due to claims regarding unfair charges.

 

Also, considering the fact that the balance due includes mainly unlawful charges and interest of which I am claiming and the minimum monthly repayment figure calculated reflects this inaccurate balance, I would draw your attention to Section 14 (1) of the Data Protection Act, where it states....'If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.'

 

If necessary I will issue court proceedings and will point out to the Judge that if a somewhat decreased monthly payment was required by Abbey then at that time this payment may well have been met by myself and therefore your terms and conditions upheld and a default marker unwarranted.The defaulted amount is not an inaccurate reflection of the debt owed as it is mainly made up of unlawful charges and interest and therefore I will be requesting an order for the default to be removed.

 

If you have already entered a default on my file then I request that you take action immediately to remove this. This entry should be totally removed and an amendment will not be acceptable.

 

Once again I will confirm my request as follows:

 

I calculate that you have taken £xx.xx plus £xx.xx which you have charged me in interest for the sums which you have taken. Total £xx.xx.

 

In addition to this amount, I also claim interest at an annual rate of xx.xx% compounded daily as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on your standard rate for purchases that would be applied under the terms of the above-mentioned account. Therefore the total amount owed as of today’s date is £xx.xx (this amount is increasing daily) I have already provided you with the schedule of the charges which I am claiming but for your convenience I enclose another updated as of today.

 

I have already advised you that I intend to commence court proceedings in relation to my dispute and have until now held commencement in the hope that you would settle my claim without the need for unnecessary costs and was sure you would consider this to be a more cost effective option. Unfortunately it does not appear that you are taking my request at all seriously and therefore leave me no alternative but to commence proceedings without further delay. I shall of course allow you a further 7 days in which to consider the contents of this letter and to refund the full amount of my claim as detailed above.

 

I trust this clarifies the situation and assure you that this will be my final correspondence in relation to this prior to a court claim if necessary.

 

Yours faithfully

 

I have just copied it in it's entirety for now as I'm about to dash to work ... back later - Hope you can use some of it

 

[chezt]

POC wording for claiming contractual with an option of an alternative for the judge to decide ....

 

d) the Claimant claims contractual interest at an annual rate of XX.XX% compounded daily, from the date of each transaction to DATE OF N1 of £XX.XX, as set out in the attached list of charges. The claimant further claims interest compounded at the same rate up to the date of judgment or earlier payment.

The Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s standard interest rate for purchases that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from the date of each transaction to DATE OF N1, which is £XX.XXand continuing until payment or the date of judgment at a daily rate of £X.XX.

 

Hope this helps ..... (obviously need to clear up the confusion first though!)

[chezt]

BTW I have just received dottys other account ( Royalties Gold) I have been searching through most of the threads relating to the monthly charge for this account but cannot find a definitive answer for the monthly charge from 2003 - 2007

 

Do you mean how much is the charge for the royalties gold a/c?? (I think it was a tenner but I'll check n get back to ya ..... !)

[chezt]

Sorry ... just looked at my old statements & I cancelled mine before then ...

[chezt]

Just had a look on RBS website and it's currently £12/month - Not sure at what point it changed but mine was £10 in 2001. Each month. as well as the statements I used to get an advice of charges page which showed the maintanance charge, the Royalties charge & overdraft interest to be paid .... have u not got these?

 

The Royalties charge was usually referred to as 'plus a fee of ....' The other charges I think are usually the maintenance charges

 

Hope this helps a little??

[chezt]

Chicken pox!!!! Bl**dy chicken pox! My son has got it so I will not be able to come on here often.

Waiting for the other 2 to get it now.

 

Received letter from Solicitors this morning. ( strange as it is not in court yet!)

As follows:

We note that Destiny is going to institute legal proceedings in relation to Dottys claim. There is no evidence that destiny is regulated by the Law Society or any other appropriate body pursuant to Section 28 of the Courts & Legal Act 1990 and there is no proper basis upon which destiny can conduct litigation.

As such, we will not be corresponding with destiny and we ask the courts to do the same.

 

So does this mean I cannot help Dotty and get the court papers etc.. sent to me?

Can the solicitor ignore me?

I'm sure you can!!

 

I've read it somewhere and there are others on here doing the very same thing .... think they're just fobbing u off as they'd obviously just deal with an old lady instead! Bill's acting for some other folk n what about all those agencies who charge you to do it for you!! loada rubbish me thinks ... see if anyone else comes up with anything to back this up but I'm sure its just scare tactics!

 

Sorry to hear about th CP btw ... my lo had them just after she turned one but thankfully wasn't 'too' ill with them - Good luck!

[chezt]

So DoS could be a Lay representative in this case then .... prob the best option anyway?

 

I just presumed all letters had been sent & signed by dotty anyway? (But then I shouldn't presume should I?!) Presumably if this is the case then it will be Dotty who has to write to the court not DoS? (or at least Dotty should sign DoS's letter? )

[chezt]

Just the same as I'm doing with hubby's claims too ... I just shove stuff under his nose to sign & he does ... letters ... cheques ... autographs ... u name it!