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Dont know what interest i have asked for! Urgent help needed!


nwhessian
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Hi

Can this be added to my thread nwhessian v natwest once i know where i am going with this claim.

I am at the court stage, got my hearing date on the 8th May.

I have been reading though a lot of posts regarding interest, POCs etc and would like someone i the know to go over what i have done so far and tell me if i have done something wrong.

I think i used a spreadsheet from vampiresses google site but i removed the top bit for some reason and i dont know what interest i have asked for?

I sent this spreadsheet with my second letter, the one after preliminary but before the LBA?

If what i am reading is correct if its 8% then im in trouble, but also if its one of the other interest options im not sure i will know what im doing if i have to explain myself in court?

I can post everything i have sent here in order, but let me know what you need as i dont want to fill up the post with uneccesary stuff.

Im also trying to get what i put in on my MCOL POC as stuff i have read seems to mention the reduced space meaning important stuff gets left out.

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Charge Value

Date

Interest

Total

£14

05/31/2001

£5.89

£19.89

£50

06/26/2001

£20.75

£70.75

£25

06/27/2001

£10.37

£35.37

£14

06/29/2001

£5.8

£19.8

£30

06/29/2001

£12.43

£42.43

£14

07/31/2001

£5.71

£19.71

£25

09/19/2001

£9.93

£34.93

£14

10/31/2001

£5.44

£19.44

£14

03/28/2002

£5

£19

£14

04/30/2002

£4.9

£18.9

£14

05/31/2002

£4.81

£18.81

£14

06/28/2002

£4.73

£18.73

£14

08/30/2002

£4.54

£18.54

£50

09/09/2002

£16.12

£66.12

£25

09/11/2002

£8.05

£33.05

£25

09/12/2002

£8.04

£33.04

£14

09/30/2002

£4.45

£18.45

£50

10/03/2002

£15.86

£65.86

£25

10/03/2002

£7.93

£32.93

£25

10/08/2002

£7.91

£32.91

£14

10/31/2002

£4.36

£18.36

£50

11/08/2002

£15.48

£65.48

£30

02/04/2003

£8.73

£38.73

£75

02/10/2003

£21.74

£96.74

£30

02/17/2003

£8.65

£38.65

£75

03/10/2003

£21.3

£96.3

£60

04/14/2003

£16.59

£76.59

£50

05/14/2003

£13.51

£63.51

£30

05/14/2003

£8.11

£38.11

£30

05/21/2003

£8.06

£38.06

£25

06/26/2003

£6.53

£31.53

£30

08/27/2003

£7.44

£37.44

£30

09/11/2003

£7.35

£37.35

£30

01/21/2004

£6.51

£36.51

£25

02/09/2004

£5.33

£30.33

£25

06/09/2004

£4.69

£29.69

£35

10/20/2004

£5.59

£40.59

£35

03/21/2005

£4.46

£39.46

£1214

£360.35

£1574.35

 

This is my breakdown which i first sent with this letter,

 

Dear Sir or Madam,

Re. Account number:

I refer to default charges applied to my account amounting to £1574.35 including interest, which I have requested you pay back.

I wrote to you on 11 May 2006 making the original request for a payment in settlement of my claim. As I have not received a satisfactory response, I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the small claims court will rule in my favour.

I have attached a full schedule of the charges and interest with this document.

 

I look forward for a full response to this letter within 7 days, otherwise I will commence court proceedings to reclaim my money.

Yours faithfully,

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Whoops :???: Obviously it didnt want to keep its layout!

Also, the POC i put in on MCOL was:

Between the dates of 11.05.2000 and

11.05.2006 the Defendant applied numerous

default charges to the Claimant?s bank

account. The charges applied constitute an

unfair penalty under the Unfair Terms in

Consumer Contracts Regulations, which

state: A term is unfair if it requires any

consumer who fails his obligation to pay a

disproportionately high sum in

compensation. The amount charged does not

reflect the cost of the breach.

Under the County Courts Act 1984, the

claimant is entitled to interest at a rate

of 8% per annum from the date they were

first deprived of the money to the date of

this claim. This amounts to a total sum of

£360.35 continuing to accrue at the

statutory daily rate of 0.021% until

judgment or earlier payment. The Claimant

therefore asks the court to enter judgment

in their favour for the sum of £1214 plus

interest, amounting to a total of £1574.35

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The problem i have is i did most of my workings out etc from hearing about the unfair charges thru the money saving expert site.

I found CAG half way thru and am a little worried about the solidity of my claim after reading much more info etc and better guidance.

Any advice/help would be great? :)

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Ok, last resort now.

Can anyone advise me on my claim?

I cannot go on with this if im not too sure of my self, and after recieveing deadly silence from most of my posts im stuck.

I have had no offers from cobbetts, I have tried to do everything as stated in the faqs but because i had already begun my claim from reading martin lewis guide some parts are not ideal.

I dont know if the spreadsheet i have used is the correct one, i also dont know if my POC is totally waterproof?

I could write a nice post pleading at how useless i am, or scared and put lots of smileys in it but id be clutching at straws.

I dont know what i have done wrong, i have read so much on this forum and my questions are not answerable by reading the faqs or doing a search.

I was in the process of starting a claim with capital one aswell but i cant do it without the advice and help of this forum.

If im lucky i will get a cheque, if not i will be laughed out of court due to some small cock ups in my POC or interest calculations that i dont understand.

I fanyone would like to help then please do, i need my bundle in by the 12th of next month but without knowing if my stuff is ok so far i dont know if i should carry on?

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Hi, im not the expert on this subject as my claim didnt go that far, the only advice i can give is if your not 100% sure then maybe it'd be in your interest to start over? even if its for piece of mind?

If your at the stage were you can still pull out and start over it might be an idea.... i mean hold out abit longer incase someone has some better advice an all but i think it'd be worth considering.

Sorry i cant be of more help, like i said im no expert! :)

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Yes you would lose the court fees and wouldnt be able to claim them back at all.

But like i said just hold fire till someone else advises you ok?

Theres alot of very experinced people on here but they do have lifes outside of this forum so we all gotta be a bit patient in waiting for replys to posts, dont worry, the cag will look after ya :D

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I hope so!

I know everyone gets a little worked up when their date is in, and im no exception, if i knew my POC was ok, and my interest is either correct or it doesnt really matter too much then i would be a lot more chilled. :cool:

Their must be someone who cant sleep and has nothing better to do, or is it just me? . . oh, and you:)

Neil

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Another worry i have is to do with the SAR, i kept all my statements and so didnt need to ask for them, some threads seem to imply that you need to have done the SAR so does this also affect my claim?

Just getting all the questions here now while i remember them, patiently waiting for a response as and when.

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First off don't panic too much until we try and work out what youy have actually claimed, most things ca bne rectified.

The interest figures you have above - what are they do they match the amounts on your statements?

What did your defence from cobbetts say - did it mention POC embarassing and have you replied to Cobbetts?

When was the deadlins for the AQ and what did you put in it?

Consumer Health Forums - where you can discuss any health or relationship matters.

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As far as I can see the interest is most likely to be 8%. Your first entry of £14 on 31/05/01 @8% gives £6.44, but of course that is up to today and assuming you filed some weeks ago is not far off the £5.89 in your figures.

 

As far as the POC's are concerned, I wouldn't be unduly worried.

 

What did the order re your hearing say?

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Cheers guys! :)

So looks like my interest is ok, as to the court date.

District Judge Gatter has considered and filed to small claims track, the improtant looking bit says

"" Each party shall deliver to every other party and to the court office copies of all documents (including experts reports) on which he intends to rely at the hearing no later than 12th march.

The defendant must file and serve a skeleton argument with their documents""

Gizmo, what do you mean by does the interest match my statements?

My breakdown is how i sent it to natwest, with the second letter and the interest is just what the spreadsheet i used came up with?

The defence seems just like the others on the forum, 9 points.

Point 6, 6.1 and 6.2 mention the POC.

But i did resend my breakdown to them along with the rejection to the CPR18 request. The dealine for the AQs has passed, i sent mine off and recieved one from cobbetts, if i now have a date it must mean they got my AQ, i hope :?

I attached the draft order to my AQ along with the answers stated in the AQ guide.

I did not include desciptions with the fees on my breakdown , would this be a major problem either?

So many mistakes!!! :shock:

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sorry gizmo, me being thick,

 

also the referal charges dont include interest do they?

I know paid referal and unpaid referal are ok, but i have some referal charges for £50 £75?

Im guessing anything that includes interest would be an odd number with pence on it?

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