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    • Unsettling the applecart?,  I'm going to be direct here, I know how this works , I've been in far worse situation than your relative, and I can assure you , now that there i likely a default in her name, it makes absolutely ZERO difference if she pays or not. Denzel Washington in the Equalizer , 'My only regret is that I can't kill you twice'... It's the same with a default, they can only do it once and it stays on your credit file for 6 years if she pays or not, and as it stands right now she's flushing £180 of her hard earned money down the toilet  so that the chaps at Lowell can afford a Christmas party. As for the SAR this is everybody's legal right, originally under the Data Protection act 1998 and now under GDPR, it's her right to find out everything that the original Creditor has on her file, and by not doing it the only person she is doing a massive disservice to is her self. As the father of 2 young adults myself, they need to learn at some point.. right?
    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
    • it was ordered in the retailers store  but your theory isnt relevant anyway, even if it fitted the case... the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too. dx  
    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
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just had reply from my prelim letter to lloyds


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im using vamps simple spreadsheet with compound contractual interest but when i enter dates for the charges i get an error in the interest column, what format do i need to set the date in? tried laods but its still bust!

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As it's google and hence American i would guess mm/dd/yyyy

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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  • 2 weeks later...

I've just had a reply from my preliminary request for refund of charges from lloyds. Its basically your standard letter saying 'like any business we do make a charge for some of our extra services, when customers dont have enough in their account.....' etc etc

 

One section though states:

'the fee's we charge for dealing with you request to go over your agreed overdraft..'(i was going overdrawn because they were charging me, i didnt request to go over it!)'..are not default charges because you havent broken your agreement. They are our prices for the service we provide in the situations.'

 

What do you all think bout that? load of rubbish?

 

im getting the LBA ready today to be sent off tomorrow, but would like to know if they are right and i shouldnt include the charges for going over my overdraft?

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Yep a load of rubbish and just another one of their templates trying to fob you off. If you're not going to claim charges for going over your overdraft then what are you going to claim? These charges only occur when you go overdrawn.

 

Don't get put off by their supposedly clever attempts at scaring you away. Stick to your shcedule and you will get there.

 

Good luck. Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Hi.

 

It's absolutely fine to address your letters to individuals. I never bothered as I assumed it would end up in the same dept. with exactly the same template response, but it won't cause any problems whether you address it to a person or not.

 

Lucid :)

Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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  • 2 weeks later...

im claiming £3805 in bank charges which comes to a total of £5005.20 including interest. i have just filled in my particulars of claim but the next section is asking for claim amount. Now do i write just my charges in this section or total amount including interest?

 

will there be any problems with the total amount with interest being over £5000? quick answer would be good guys as i want to get this done asap!

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If you have not done this, send 2 copies of your schedule of charges, clearly marked with your claim no. and a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim On Line

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 faithfully

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within a few days my interest claim will take the total above £5000. will this cause any problems. should i just claim for whatever interest takes it up to the £5k maximum?

 

help am confused!!!

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i put in my court claim for 4k and this morning i recieved a letter from lloyds offering me 750 which will be deposited in my acct in next few days. whats the best way to respond to this letter? shall i phone the person its addressed from and explain i'll take it as part-payment but i will proceed to claim the rest unless they refund the full amount? or should i reply by letter?

 

any templates for this?

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how do i change the particulars of claim?

 

when i submitted via moneyclaim online i then realised that i had calculated the interest incorrectly!! how would i go about rectifying this? should i just send a letter with my case number to the court saying 'this is an updated copy of my schedule of charges'

 

any ideas?

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If you want to amend your POC it costs £35 (unrecoverable) and will invariably delay your claim, you need to make a formal application (form N244 if I recall correctly). You need to think carefully before doing so.

 

Maybe tell us a little more detail, how wrong are you in financial terms and whose favour it is in?

If I have been helpful please click on my star and add a comment.

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when i done the spreadsheet i didnt change the claim date at the top of the letter, so it was august 2006 instead of the current date. That made a difference of nearly £200 in interest. thats the only difference.

 

Couldnt i send an updated schedule of charges to the court with the correct interest calculation instead of editing the particulars of claim? after all, the particulars are right, its just the interest that is wrong?

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The schedule is part of your particulars.

 

If you want to be safe you will need to amend by formal application, by all means send a revised schedule, however you run the risk of it being ignored by the court and SCM.

If I have been helpful please click on my star and add a comment.

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Couldnt i send an updated schedule of charges to the court with the correct interest calculation instead of editing the particulars of claim?

The schedule of charges and therefore the amount you are claiming form part of your POC. If you want to change anything you will have to make an application on N244 to amend your claim
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  • 2 weeks later...

llyoyds have acknolwelged my claim for 5k and im wondering what happens next?

 

i've sent a copy of the spreadsheet to the court, do i now need to send a copy to lloyds solicitors?

 

whats the usual course that events will now take?

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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,

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