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    • No I get what you're saying and that is fair enough if that's the way it is, but the issue is that the Judge has agreed that I part exchanged my car against a new car but then failed to acknowledge that it was a deposit of some form. To trade my car in and get a discount of a new car constitutes as a deposit by legislation. The Judge has conflicted himself and this is where he is misinterpreting the law.  I also shouldn't have had a scrappage discount and a dealership discount together, it says so in their terms and conditions, which in itself makes the agreement improperly executed at the very least.  This may all make more sense when I upload the trial bundle, it's over 160 pages though so taking a while to redact my information 
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    • don't get too hung up on the real meaning of 'fake' in terms of the documents a claimant might produce relating to a potential court claim. by fake we typically mean, they are not obviously the 'real McCoy' ,100% associated with whatever credit they are trying to pin on punters. they are often of the right 'version' that an OC would have used for that particular take out date, but with details inserted in a diff font where they should be for say your name address DOB etc. All DCA's typically  have filing cabinets covering each year for most creditor, whip 'em out, scan and copy n paste your details onto them, even easier now with online sign ups. no hard copies ever sent cause 90% of mugs have lost them..... one of our most powerful tools is the fact any docs they produce, unless they state they are 'a reconstruction'  MUST come from the original creditor noty some hidden pile the claimants have. Link are absolute masters at this so dont stick to lowell threads. dx    
    • Driving home last night I contacted wing mirrors with a car coming the opposite way. The wing mirror folded in and the glass popped out. Very minor damage.  I stopped at the next layby (A road) to repair the mirror. A passerby stopped and said they saw the other car stopped behind me in another layby - they went back and passed over details so we could get in touch.  The conversation started cordially, but quickly got heated when I said I was well on my side and they drifted over (which is what happened).  I wasn't going to bother filing a claim as there isn't enough damage to justify it. I've said to the other party lets just call it quits as there are no witnesses and we both think we are innocent.   they said they are contacting the police and insurance and that they have witnesses. But a quick facebook search found a post by the other person saying they were in a crash, and were 'spun' off the road. Picture of a broken wing mirror and a slight scuff on the front and rear wheel arch. they are asking for witnesses. I have screenshots of the post, and sent them another message saying I can see you don't have witnesses as you are appealing for them. I'd really not drag this out. Lets call it quits and move on. this was followed by a couple of messages that didn't really make much sense. e.g. 'do the right thing'. What should I do now?  Contact police?  Contact my insurance? - Can I tell them about this incident but say I dont want to claim? Will that affect my premium?  
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pinkduchess v HSBC


pinkduchess
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don't want to go off topic on this thread but it was Asda. I've got my receipt & the garage are going to do me a written report so I'll deal with it as and when.

 

....received cheque from asda today 24.3.07 - paid garage bill in full

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pd,

if you add in extra lines to what's on the spreadsheet you run out of formulae, as caste says.

 

click in the last box there is a formula in - you will see a little + at the right hand side on the bottom of the box. click on that cross and drag it down the page as far as you need it.

 

hope this helps

If i've been helpful in any way....then tip my scales over there!

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oh dear... have just been reading Wylie's thread & I think I have ballsed up big time on the spreadsheet (which I have sent off to Colin at Leeds as 'Revised'.) Forget about the 8% now I'm back onto the overdraft interest calculations.

 

I put my dates in this format 18.05.01 & my interest came out at 19.97 (637.00 total)

 

I've gone & changed date to 18/05/2001 and interest went down to 0.35

(havent done them all but should come to less than £20 on 30 transactions which seems not worth even claiming for).

 

Can someone do me a favour & see if they get same result on this example.

date penalty applied 19.7.01

charge 27.50

interest date 27.06.01

interest charged 32.09

balance at interest date -2544.13

I made it 35p

 

stressed out & and going for a coffee / cigarette break :(

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panic over - i've finally grasped it. :D

 

Claim is approx 1600 & OD interest now showing as approx £270.

 

I even managed to get the 8% spreadsheet to work. Can you confirm I put in the MCOL file date for that.

 

My only query now is that I now need to send another revised schedule of charges to Leeds. Will this be ok & shall I still stick to my dates. I should be filing on 19.3

 

help please

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you see, it depends on what went before - it is a cumulative thing i think - you can't just put one in and see how it goes - would need to see the list - but i just can't do that but i can tell you this: i never ever in my whole life did a spreadsheet before i did the advanced excel one from the library when i did my son's last year. i think i may have been lucky as i got it with very little trouble (i was absolutely petrified at doing it but i did it) - then i noticed a lot of people having trouble with the interest concepts and the spreadsheet - so i wrote out a guide for my little sweetie honeygie and she got it and since then i've posted it to a lot of people and the ones who have tried it have gotten it - maybe with some effort - but they got it. you've already got the basics so you are a giant step ahead of the ones who have never done one. so, my suggestion is to take this link i'm going to give you - print it out and do the s/s again - step by step and see how it goes. it's this link:

honeygie v HSBC *****WON***** (multipage.gif1 2 3 4 5 ... Last Page) post number 26. just give it one more go -

it is sooooo much better to get it right from the start than to try to clean up a mess at a later date - fingers crossed you'll come out with a lovely blue and yellow schedule of charges to send with two running totals and you can add together for a grand total. this is perfect to send off with the 2 letters

 

for the claim stage you will need to do the same once more - but all the items in chronological order charges and interest or whatever they are - on the same s/s but on the 8% interest tab and you come out with the totals for the claim stage. really, truly, i'm telling the truth - i got it! you will too, just give in one more go.

 

 

 

great! i spend half my life writing you a post and you get it on your own, charming! no, really, i'm glad you got it!

yes, i'd use the date you plan to file for the 8% one. i think i'd hang on to the new one until about the 16th and then send it to the bank and say - as i have had no positive response from you, i will shortly be filing my claim. please find enclosed my newly revised schedule of charges. - and if you get any new charges before you file you can add them on.

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looks like your'e doing fine and the s/s can change right up until you press the submit button at mcol. if you've sent the letters with a list of charges they won't know about the 8% interest until you file anyway. don't worry. just make sure you are happy with it once you submit and stick to it. the charges amount should remain the same whatever you do.

If i've been helpful in any way....then tip my scales over there!

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lattie & netty thank you so much. I think it all went wrong because of the way I was typing in the date.

 

I was going to send off the new schedule just so they have the correct figures in case they want to make an offer (hopes)

 

Ive already done the 8% spreadsheet & dated the interest for 19/3

It automatically picked up all my figures from the charges spreadsheet and listed 2 yellow colums (one for 8% on penalties and one for 8% on interest on penalties.) Can I use this as it is for the claim stage?

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Yes I know that about the 8% interest but my revised schedule is for new figures for the 'interest on charges' that I messed up on the spreadsheet last time. I made it they came to approx £600, then found out I'd typed the dates in the wrong format from reading another thread, went back and amended it today and they've reduced to approx £270, so I was way out.

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you've sent the prelim and the lba, my advice is to go ahead and file your mcol. and when you do - go once you've filed - send a note to the bank - saying "as i have received no positive response to my earlier letters, i have now filed a claim for them with the court. please see enclosed my revised schedule of charges for your file"

so, get busy looking at the mcol - it's not difficult - there is a template for the particulars in the library and i will send you mine as another example - go ahead and file as soon as you like - you gave them 7 days (we advise 14 - but as you said 7 - fine - it's been 7 - so file)

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Don’t worry too much about any of your figures until you get to filing your claim, as long as the unlawful charges are there or there about it won’t matter much because the interest is added by the court (section 69). I doubt HSBC even look at the figures in any detail until they get paperwork from the courts.

 

We calculate interest for the court to make their life easier, they ask you to list it separately on the claim form, god knows with the number of claims going through at the moment they need all the help they can get and it’s a good idea to remind the judge that you want interest too.

 

I didn’t even show interest on my claim until I filed. Once you have filed then your figures shouldnt be altered.

 

Pete

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ok - lattie - I decided to give them a bit of an extension when I sent my revised schedule and told them their deadline was 19th March so I will leave it at that. I think I will send this updated amendment tomorrow & then just file on 19th without contacting them again. Sound ok? & thanks again for the example you sent in the pm

 

thanks pete too

 

I must now get myself familiar with the MCOL bit.

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Well the modern thinking here tends to prefer permitting the banks to levy charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. And Interest is allowable on unlawful deductions per S.69 County Courts Act 1984.

I think the banks agree as they have never entered a court room on a straight give me my money back claim.

pete

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MCOL seems to be the way most do it, the online system is straight forward and easy to use with a little help from your friends ;) plus once you have filed you can log onto the MCOL site and see the status of your claim.... and it saves you a journey to the court :)

pete

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thanks pete - I was probably going to use the MCOL but wondered if there were any advantages to going in person. From reading your thread I take it i put my real name in? Keep meaning to familiarise myself with the MCOL site but I struggle to get on the computer until the children have had their quota & I end up coming on here late & reading until the early hours & then being knackered in the morning for work :-|

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I think your real name would be better (you will probably have to use some numerical addition) but it is only a title, they have my name correctly stated in the claim particulars. Having said that it might be fun in the court waiting room when the clerk to the court shouts out "Pink Duchess v HSBC" :D

As far as late nights we all go through that to some extent I think

 

 

pete

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