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Too late for claiming contractual


wendypowell62
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Could someone please tell me if its too late to claim for contractual interest, I have already sent my LBA letter off without it (was going to claim the 8% at the MCOL/N1 stage but thought sod it). Any advise please as Im about to put my claim through.

Cap One (me)

Data Protection Act sent 15/08

Prem letter sent 23/09 £800

Partial offer £312

LBA sent 04/10

File at court 27/11

/B/C (me)

Data Protection Act sent 18/08

Account pre may 04 ordered statements

11/09

 

B/C (old mans)

Data Protection Act sent 18/08

missing statement letter 29/08

Prem letter sent 26/9 £500 + £1172.00 Est

 

Nat West (joint)

DPA letter sent 28/07

LBA non-compliance letter 11/09

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HI WENDY

 

I am at the same stage as you, didnt put the 8% on the spreadsheets sent to capital one, have been trying to do my mcol but it wont SAVE have done spreadsheets for mcol with the 8% but dont know if ive done the other daily rate right? been over and over some treads but carnt seem to find anyhting to help me?

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if this is a credit card a/c you are entitled to claim com int at their int rate.

 

anyhow, you can add/change what you like until it actually gets to court

don't worry. send a revised spreadsheet if you wish

 

dx100uk:p

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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use the daily rate *12 for APR on your latest statement

use vampiresses no.13 spreadsheet

it will do it all for you

all you need is to create a new google ID.

once done, export it as PDF & print!

 

dx100uk:D

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I'm afraid i disagree with the advice given already, if you simply add contractual interest without giving the defendant the chance to respond you may come unstuck at the court stage.

 

So although you can change things prior to court without any cost in monetary terms you should give the defendant the opportunity to respond to your changes.

 

If the change to your claim is significant then it may be wise to consider starting again unless you have made provision in your earlier letters for some changes based on some logic.

 

JMHO

 

Glenn

  • Haha 2

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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thanks for that, ofcourse it is the gentlemanly thing to do, but i think there is a thread somewhere that says to the effect that as long as you advise the court and the defendent of the change, it is ok?

 

but yes, the over-riding factor here is the monetary significance between the two. nothing like making yourself look a right prat to the judge:p

 

 

dx100uk:)

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Wendy

 

Follow Glenns advice.. You could amend your claim but you must give the defendant a chance to reply, even if you know what the answer is likely to be.

 

If you amend the paperwork to the court once filed, it will cost £35 for the amendment, which you can't claim back. Best to get it right first time.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Hi Wendy, I was in exactly the same situation you were in and asked the same question several months ago, and I ending up sending an updated LBA with a paragraph stating that I am now claiming contractual interest along with an updated schdule of charges and gave them an additional 2 weeks before filing a claim.

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Thanks for all the advise everyone, I think I will send a new LBA Letter and spreadsheet showing the new amendments, as syrill-sneer did.

Thankyou one and all.

Cap One (me)

Data Protection Act sent 15/08

Prem letter sent 23/09 £800

Partial offer £312

LBA sent 04/10

File at court 27/11

/B/C (me)

Data Protection Act sent 18/08

Account pre may 04 ordered statements

11/09

 

B/C (old mans)

Data Protection Act sent 18/08

missing statement letter 29/08

Prem letter sent 26/9 £500 + £1172.00 Est

 

Nat West (joint)

DPA letter sent 28/07

LBA non-compliance letter 11/09

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  • 2 weeks later...

can anyone advise sonic007?

Cap One (me)

Data Protection Act sent 15/08

Prem letter sent 23/09 £800

Partial offer £312

LBA sent 04/10

File at court 27/11

/B/C (me)

Data Protection Act sent 18/08

Account pre may 04 ordered statements

11/09

 

B/C (old mans)

Data Protection Act sent 18/08

missing statement letter 29/08

Prem letter sent 26/9 £500 + £1172.00 Est

 

Nat West (joint)

DPA letter sent 28/07

LBA non-compliance letter 11/09

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