to procced or not.

[enaid]

I have now received some statements and letter about microfiche, with others to follow. Should I start the claim for the charges I have now, or would it be best to wait for the rest of the statements and do just one claim?

[Michael Browne]

Be patient. Estimated claims nearly always cause problems sooner oir later

[enaid]

They are not estimated I have statements from June 2004, i just wondered if it would be ok to start a claim on these and then claim again on the other statements, that they say will take a while to arrive.

[121o121]

Just do one claim

 

Have they said when they hope to get you them by?

 

If it were me, I'd send the prelimary letter now. You have around 28 days then to add the rest before starting the claim. You don't have to do an estimated claim, just add the rest on when you get them.

 

There is nothing to stop you doing this, and it will save a lot of time.

[enaid]

In the next 6 weeks or so! but I have read other threads and it seems to be taking longer than this to get the rest of the statements even through the legal route. So are you saying start claim now, and later alter figures and interest?

[121o121]

Well the interest isn't an issue until you start the claim through the courts.

 

If you start the prelimary letter now, you can save alot of the waiting at a later date. You can add the later charges right up until you file your claim. Lots of claimants add the extra charges just before they submit their N1.

[enaid]

Thanks for that 121021, will get the ball rolling. Thank you very much.

[innocent]

Hi enaid

 

I would tend to agree with 121.... in that....

 

*personally I would not start an estimated claim yet (however)

 

(and I think you are right about waiting for the microfiche)

 

*there is nothing wrong now starting with the priliminary letter now to get the ball rolling. You can state you want to claim £x +£y interest + £microfiche info, which you are waiting on (from them).

 

In theory, and I know you are considering you should include the £z contractual now too ; but I never included mine until the LBA stage. You could spend the time researching the yukky yukky £z too.

 

Incidentally, the more letters you write before you actually submit the claim to proove to the judge how hard you have tried to settle the claim.... not that your end up in court

 

 

Hope this gives a fully answer; and thanks for visiting my thread

 

Innocent

[sallysas]

Yes it is tempting to get the ball rolling but Michael Browne knows what he is talking about. I sent letter to Mr Whalley threatening court action and got my statements a week later. They might be more anxious to play ball after 'Whistleblower' IMHO. Sally

[enaid]

Well I have sent Request for Payment letter on 16th March, they received it 19th March, so I am giving them till 2nd April for response. Still not had earlier statements but I will add them on later as suggested.

Don't know if I am coming or going, I have Monument and Cap 1 on the go as well, all for my son mind you (bl88dy kids whou'ld ave em)

[dpick]

Well I have sent Request for Payment letter on 16th March, they received it 19th March, so I am giving them till 2nd April for response. Still not had earlier statements but I will add them on later as suggested.

Don't know if I am coming or going, I have Monument and Cap 1 on the go as well, all for my son mind you (bl88dy kids whou'ld ave em)

 

Hi enaid I had similar problem as you with Halifax so I started the prelim stage with 2005/2007 statements mentioning I would include further charges when they complied with SAR. Got my statements after 43 days so when I sent LBA amended Schedule of charges to include all charges.

starting court claim 31/3/2007 don't need to wish you good luck just be patient you will get paid.

 

dpick

[enaid]

Thanks dpick,

I didn't tell them I would be adding on the older charges in my prelim, as I expect I will have to do an LBA, so I will include it in that letter. Did you do Contractual Int? I find that very daunting, but I would love to squeeze every bit out of them.

[dpick]

Thanks dpick,

I didn't tell them I would be adding on the older charges in my prelim, as I expect I will have to do an LBA, so I will include it in that letter. Did you do Contractual Int? I find that very daunting, but I would love to squeeze every bit out of them.

 

Hi, I am not going for contractual interest just 8% at court stage with halifax. I want to go through a standard claim where I get the money in my hot sticky hands first. I will be going for charges interest on charges and interest on that total. With Capital one if I get both PPI and charges etc back I will have something left after clearing card MBNA will just pay some of the balance of card.

 

dpick:razz:

[sallysas]

I did exactly the same thing with my first claims. I assume you are referring to 'debit interest - as notified last month' if yours is a current account? Quite right you will get it all back as long as you stick to your guns and refuse to be bullied either verbally or by letter. A very empowering experience.

[Anedar]

Hi enaid,

Did you go ahead with your estimated claim?

If so, how did it go?

Their 40 days is up and I am looking to get things moving forward.

[enaid]

Hello Anedar

It wasn't an estimated claim as such, I only received statements from 04 with £312 on them so I requested that.Anyway as I heard nothing I sent LBA on 4/4. Yesterday I received offer of £120 the letter was dated 30/3 but no frank on envelope to say when it was posted. I said on LBA I will be reclaiming any charges on the earlier statements when they finally send them. If your 40 days are up there is a letter of non compliance DPA in the Template letters, giving another 7 days to comply, and I think you complain OFS (not sure if it is them but you will see when you look for the letter). Hope this helps.

[Anedar]

Thanks Enaid.

I have DPA letter today.

thanks for your help, I'll keep an eye on your claim.

[nettyg]

Data Protection Act - Non-Compliance - Template Letters

 

there you go!

[enaid]

MCOL 30th April

deemed served 5th may

Acknowledged 8th may

Claim £352.00 + £57.73 interest.