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    • Apologies all for the late reply and info, i have been away with the Army. They have paid I accepted the offer on the 5th of May, and they paid on the 17th of May.
    • Hello everyone,   Just thought id post an update.   I've today now finally received a claim form from PRA Group. Bit annoying as the last payment to them would have August 2018 so was nearly over the line. I believe my only grounds for defence is that they haven't managed to produce a copy of the DN notice, however from some online research I managed to find some case law that stated they can use their systems screenshot to show proof of it being sent.   I know I have to respond back to their claim form and will do so online on moneyclaim, is now the time to pick up the phone to them and negotiate a deal?   Any advice as always is much appreciated it.
    • Please see my comments on your post in red
    • Thanks for your reply, I have another 3 weeks before the notice ends. I'm also concerned because the property has detoriated since I've been here due to mould, damp and rusting (which I've never seen in a property before) rusty hinges and other damage to the front door caused by damp and mould, I'm concerned they could try and charge me for damages? As long as you've documented and reported this previously you'll have a right to challenge any costs. There was no inventory when I moved in, I also didn't have to pay a deposit. Do an inventory when you move out as proof of the property's condition as you leave it. I've also been told that if I leave before a possession order is given I would be deemed intentionally homeless, is this true? If you leave, yes. However, Your local council has a legal obligation to ensure you won't be left homeless as soon as you get the notice. As stated before, you don't have to leave when the notice expires if you haven't got somewhere else to go. Just keep paying your rent as normal. Your tenancy doesn't legally end until a possession warrant is executed against you or you leave and hand the keys back. My daughter doesn't live with me, I'd likely have medical priority as I have health issues and I'm on pip etc. Contact the council and make them aware then.      
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Cheers Tilly.

 

How have you gotten on then? I was reading yours earlier, starting to know what you felt like, not even handed my papers in yet!!

 

I do have 1 question for someone that can answer it..

 

Nearly finished my 1st form, but what do i put in the bit i marked red? 8%?

 

he claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 21/04/04 to 22/06/07 of £161.82 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

 

Thanks

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sorry for being a bit dumb!

 

But

 

[(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)]

=

1441.00+161.95 interest x 0.00022 = 0.352649

Does that look correct? do i round this figure down or put the lot in?

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31p daily interest.

 

If you have an overdraft then its 35p

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31p daily interest.

 

If you have an overdraft then its 35p

 

I do have a small (£300) overdraft. But can i ask how you got 31/35p, only ask because i've got another form to fill out for my other acc!!!

 

Anyway, so now my form should look something like this...

 

Charges £1602.95

Overdraft Interest £161.95

Interest under s.69 County Courts Act 1984 £00.35

Court Fee £120.00

TOTAL £ 1722.95

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.35p per day OR at such rate and for such periods as the court deems just.

 

???

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if you dont have an overdraft just times your charges..

 

£1441.00 X 0.00022 = 31p

 

If you have an overdraft then you add the charges and interest

 

£1441.00 + £161.95 = £1602.95 Times this figure by 0.00022

 

£1602.95 X 0.00022 = 35p

 

I hope this is easy to understand. ;)

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didnt see you up there ssl soz:)

 

 

Thats ok Tilly, you were doing fine on your own..:D

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I'm REALLY sorry, but i still don't get the..

 

Interest under s.69 County Courts Act 1984 £xx.xx

 

Do i put .35p, presume i don't.....aaahh...i'm tooo tired, i can't think!!:?

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I realise it will ne 35p a day, but i don't know how many days it will take!

 

I Presume i'm looking at this wrong or have completly the wrong end of the stick!

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ooooh! i had the overdraft and the county courts ones mixed up!!

 

Charges £1602.95

Overdraft Interest £.

Interest under s.69 County Courts Act 1984 £161.95

Court Fee £120.00

TOTAL £ xx.xx

 

haha, so i now calculate my 35p a day for the amount of days since my 1st charge?!?!?!? that doesn't sound right! :confused:

 

Apologies everyone!:oops:

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RIGHT!

Hopefully this is it, but i think the bit i've marked in red is wrong!!:oops: (sorry)

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £1441.00 and any interest charged thereon;

b) Court costs (do i put £120 here or leave as is);

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 21/04/04 to 22/06/07 of £161.82 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 35p

 

so far so good?

 

Charges £1602.95

Overdraft Interest £404.60

Interest under s.69 County Courts Act 1984 £161.95

Court Fee £120.00

TOTAL £ 2289.50

 

You all have the patience of angels! well, unless you've all pulled your hair out already!

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Value:

Bank charges (and overdraft interest if claimed) - £1441.00

Data Protection Act Fee - £10.00 (if claimed)

S69 8% Interest - £161.95

Total of - £1612.95

Plus daily interest at 8% of £0.35p from the date of issue until settlement.

 

 

Amount claimed: Charges + Data Protection Act + s69 interest- £1612.95

Court fees: £XXX

Sols costs; None

 

Cheque payable to HMCS

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I didnt add your overdraft interest on. But you get the jist of of it.

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  • 4 weeks later...

OK, It's been a while but here is my latest......

 

1. i still don't get the interest bit!

2. I couldn't afford to go to the court last month, so i've not done that yet.

 

on the 9th of July the bank offered me £1040.50 (as a good will gesture)

I called the bank to refuse this, they told me to leave money in the bank and not touch it (it was due in my account in 14 days). I told them that wasn't acceptable and not to put the money in my bank in the 1st place.

The letter was worded in a way that i was accepting there offer if the money went into my account.

18th July, i notice £720.50 had gone into my account. (cash). I called the bank to see if it was them that put it there. They said no. hhmm, i didn't believe them, i think they are trying to catch me out.

19th July. I notice they have paid £320.00 into my other account..Bas****s. I called them again and had a proper go and i'm waiting for someone to get back to me. (someone has been 'getting back to me' for 3 days now).

Oh, i have recorded the last 3 conversations with them. I have prove of them lying to me and messing me about. (yes i did tell them i was recording the call)

I get paid monday 23rd. Even if i'm skint for the month i'm taking the *&$%>£?'s to court!

 

I just need to look at that interest thing again and get my head round it. I can't afford to mess this up now.

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