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    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
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    • We have finally managed to obtain the transcript of this case.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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kerryanna V's Woolwich/Barclays


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Morning All, again!

 

Can someone confirm the address fo Barcaly which i should put on my claim. Should it be their Cust Serv office in Clacton on Sea or their registered address of 1 Churchill Place, London E14...? Also How do i work out the 'Daily' rate or interest for the MCOL?

 

Cheers,

 

Kels.

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Thanks Thailand are the total charges the charges with or without the interest that I added on previous letters (I used the moneysavings expert website calculator)? Sorry for being a pain.

 

Cheers Hun.

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I just knew you was going to ask that! I'll tell you what I think, but you might have to have a look around to confirm.

 

Assuming your not claiming contractual interest (just the 8% stat) I *think* its without the interest, thats how I did it. Its a bit complicated, but I'm almost sure thats right. If i'm right, and sorry that is an if, when claiming contractual you apply interest first then times by 0.00022. I surely hope someone can clarify that for you hun.

 

To reiterate, I think you should just apply the figure to actual charges. I hope somebody will confirm for you...

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Thanks Hun. Anyone else have any advice...? It'll all be welcome to cut it short I made a bit of a mess in the beginning and do not want to mess up on my MCOL, going away on Wed pm so any advice to help me get this MCOL up and running before I leave would be great :-)

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Yes myself thailand and others used the method he suggest in the thread above with success so dont change whats not broke !Very wise man that thailand take in what he tells you !

if my advice has been of any help to you then please click the scales ! Thank you :D

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Bless you all, you're great guys :-) But being me I am still a little confussssssssed ;-). I think I get what your saying but please confirm - I take the charges Total of £ 1080.00 (without the interest I calculated from the moneysavingsexpert website) and then times by 0.00022 ? :-)

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i know lol thing is what happens when we all get our money back and have no need for any help, we cant just abandon this forum, ive made some really great friends on here and everyone is so helpful, think we will have to stay now and help others that will be just atarting etc,

 

amandax

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Thanks Amanda. I just used the FAQ info on MCOL (particulars of the claim) and I tired to copy and paste the text as follows;

 

1. The Claimant [has] [had] an account1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

6. 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).

 

I believe that the contents of these particulars of claim are true

 

Problem is its too long they only allow 1080 charecters.....and the text is nearer 2,000 is their anywhere I can find an abbreviated/shorter version....?

 

Cheers,

 

K.x

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Er Regarding the Daily Interest rate, the Spreadsheet works it out for you and adds Charges AND Interest !! to get the Daily figure.

 

(hopes he is right here:confused: )

 

 

DELBOY

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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hi kerry, i am just using this one and it fits

 

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. 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. Costs allowed by the Court.

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  • 2 weeks later...

Hi Steve and all,

 

Really sorry for not posting anything sooner as I have been away and only just back in UK, didnt get a chance to complete the MCOL before I left and docs at home but gonna nail it first thing tomoz, any of you on hand in case I get a little stuck....?

 

Cheers,

 

K.

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No need to be nervous!

 

It looks great when you get paperwork from the court saying you are suing a bank....

 

I kept looking at mine and thinking WOW! :)

24 hours in a day... 24 in a case... co-incidence???

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