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    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
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Would you pay up your debt so NO default could be given and then claim?


millymollymoo
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I'll say it just once more - for the fourth time, just to be CLEAR. It is FAR EASIER, if you have the means, to AVOID the default in the first place than to try to get it removed; they are EXTREMELY DIFFICULT to remove.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/61556-would-you-pay-up.html#post519853

 

 

Thats what we thought as I said earlier O/H has one thats near the end now and he doesnt want another one and we are fortunate enough to settle the debt as it is growing and growing.

 

Sorry about earlier.

 

Milly

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Milly, this is a bit more complicated than your standard claim. You cannot claim contractual interest from the date the charges were made on the account as, at that point, you hadn't paid them and were therefore not out of pocket for that period. You can, however reclaim the charges and any interest they charged you on those charges to put you back to the position where you would have been had the charges not been applied.

 

The bank CANNOT register a default on an account which is in dispute so you need to write to them immediately stating that, as the account is in dispute, any default applied in relation to it would be unlawful.

 

Stonelaughter is correct in stating the Theft Act does not come into play here as it is a civil debt issue not a criminal issue.

 

When I have got my thinking head on I will come back and give advice re: what to do next.

 

Steve

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Hi blueskies, yes I understand what your saying on charges not paid an that makes sense.

 

I will have to get O/H to seperate the claims then, the reason being that 40% of the claim is charges paid back using O/H's money, when he used the account regularly at the time. (This brings me back to my original question on the contractual Interest thread.)When I asked if I should seperate the claims, as I did not think that contractual Interest applied then on money not paid, so thanks for your reply:) as it is what I first thought then.

 

I understand how to do two seperate spreadies for the charges that were paid with CI added and to then do a spready just claiming the charges and O/D interest on charges that were not paid. Would it be possible then to add the two together, obviously seperated on prelim or should I get O/H to do seperate claims(the latter not preferable!) However if it complicates the issue then he will!!

 

Milly X :)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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I agree with Stone - pay it off. In the letter you send them enclosing the cheque say you are paying without prejudice to your right, should you choose, to challenge the charges that have been applied to the account.

 

No problem with you paying to avoid the default and then pursuing the charges.

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Blue skies, one other thing that confuses me is (and I do agree with what you have said as it doesnt seem right claiming CI on unpaid charges)

Is take alook at this thread and they got paid out with CI on unpaid charges.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/32743-2nd-claim-natwest-contract.html

 

This is why I initially asked on the thread whyis noone claiming contractual interest thread. I think alot of people are confused and are claiming it regardless of whether they have paid or not paid:confused:

 

I am claiming on two other claims, ones mine and thats goldfish, paid off fully last Febuary 2006 and closed, so this is legit. Also, my O/H is claiming from Capital One on his open account that has had the full balances including all charges paid twice since he has opened his account, so therefore both have had use of our money.

 

Milly X:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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I agree with Stone - pay it off. In the letter you send them enclosing the cheque say you are paying without prejudice to your right, should you choose, to challenge the charges that have been applied to the account.

 

No problem with you paying to avoid the default and then pursuing the charges.

 

Hi thankyou for your help with this:) . me and O/H are worried about a default again, they seriously impair your credit as O/H has foun out!!!:mad:

 

The dilemma now is claiming contractual interest though:confused:

 

Milly X:-)

 

P.S Do not think I am ignoring you, I have to make dinnerfor O/H who's due home!!!:-) Will catch up later!!!!

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Surely, once you are overdrawn, they add interest at the contractual rate. So every charge they they put on your account attracts interest at the contractual rate. Therefore, if you claim charges back, you should also claim the interest on those charges at the contractual rate. If you don't, when you win and they pay back the charges, your account will still be overdrawn to the tune of the interest they have added.

 

 

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Surely, once you are overdrawn, they add interest at the contractual rate. So every charge they they put on your account attracts interest at the contractual rate. Therefore, if you claim charges back, you should also claim the interest on those charges at the contractual rate. If you don't, when you win and they pay back the charges, your account will still be overdrawn to the tune of the interest they have added.

 

 

yes I agree with you here as the interest on O/H,s account is PURELY interest from the penalties. So if he decides to do a simple claim,I would then adapt this in particular to claim ALL CHARGES and All INTEREST on the spreadsheet under penalty charge column i.e Simple spreadsheet that calculates no other interest. Otherwise he would lose out and we totally agree with what you say.:)

 

Also, O/H agrees that whether he goes down the other route and claims CI and does not take on board other opinions given on not being able to claim CI on the lot, then he has too take the chance of them taking him to court then he will have to except that he may lose the lot if a judge thinks he is wrong.

 

However he said if he does choose this route,to stop that possibly happening, he will NOT be accepting no part payment of full charges as this will leave them fighting just the interest, so by not accepting it,then it becomes them having to disclose their charges, which so far they have not done.

 

There are several other members I know who have claimed CI on UNPAID claims and won because the bank ,NWest will not disclose their charges to the court.

 

However, it has to be accepted that this may happen eventually anyway and everyone will lose one way or another then.

 

The default was the main worry as this is what NW do once the claim gets started.

 

these are just our thoughts and we appreciate hearing all arguments on this matter.

 

MillyX:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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Guest Battleaxe

If you have the means pay the debt off then claim.

 

if you don't have the means to pay it off then claim and then repay the debt fully.

 

They have made money out of what you have paid, they have charged others contractual rates for borrowing the money you have paid to repay the debt, so in the concord of mutuality claim it back.

 

Just my opinion and the morality lies with yourself.

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What a strange and remarkable thread!

 

Milly, the best advice you have received so far is from Steven4064: he made th position very clear, in post 34.

 

Get your O/H up and running: he is LESS likely to get a default if the account is clearly in dispute - so the sooner legal action is issued, the better.

 

Why on earth anyone suggests he should pay off teh debt first I really cannot understand. It's as if a bloke knocked on your front door, TOLD YOU he was going to rob you. YOu say 'oh, do come in and help yourself. But I have to warn you - if you steal anything in here, I shall send you a stiff letter demanding my property back. And, if you don't comply immediately, well, I might even take you to court. After I've asked my friends'.

 

What nonsense! Why should you pay them something they're not entitled to? Stevens is right - claim the charges and contractual interest, or you'll be left with a debt, made up of interest on charges you weren't liable to in the first place.

 

It's the charges that are immoral, not your actions - go ahead.

 

Westy

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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Hi westy:)

 

I am giggling at your reply:It's as if a bloke knocked on your front door, TOLD YOU he was going to rob you. YOu say 'oh, do come in and help yourself. But I have to warn you - if you steal anything in here, I shall send you a stiff letter demanding my property back.:D

 

 

 

It was just the default, that they will register as I have read about them doing to others,that worried us both as in terms of them ruining his credit report for another six yers as he has one finishing with Goldfish in 6 months.

 

 

Milly X:)

 

 

Milly X

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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If you have the means pay the debt off then claim.

 

if you don't have the means to pay it off then claim and then repay the debt fully.

 

They have made money out of what you have paid, they have charged others contractual rates for borrowing the money you have paid to repay the debt, so in the concord of mutuality claim it back.

 

Just my opinion and the morality lies with yourself.

 

 

battleaxe thanks for your reply:-)

 

Yes the ony reason O/H thought about this and it is strange I suppose is because of the threat of them retaliating with a default.:(

 

 

Milly X:)

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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How...ahem....very perceptive of you, Bill.

Easy to spot, though - it says at the bottom of my sig that I'm a bigmouth!

 

W

 

(note, no signature, Steven!)

(And brother is correct. Last time I checked. I'm considering running for Pope, next time there's a vacancy)

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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bill-k

 

Does that mean the site actually encourages longer posts?

Seems strange logic, dunnit ? I think it's to economise on threadspace when there is just a quickie 2-liner acknowledgement, as so often is posted. E.g., this one, I suppose ?

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you cheeky lot ....a cup of tea and everthing will be alright and they say us girls/ladies as I am:D have nothing better to talk about. Anywayz off to bed shortly;)

 

Milly X:D

CAPITAL ONE (O/H!): Won £1864.63 including contractual :D

GE MONEY: WON £266.00

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