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HazyJog vs Barclays


hazyjog
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yay, thanks saintly...

 

but jeez i'm such a big girl. 4 hours later and i still don't get it. would be grateful if someone would just okay my further thinking on this, having read just about the entire forum and frowned myself silly... that what i should put in an N1 should look a little like the below, given my facts (i think) are:

 

1. my total charges are 2,185

 

2. i have no way of telling, due to fluctuating overdraft limits and fluctuating ability to observe them, what proportion of my overdraft is authorised, or unauthorised, but it's safe to assume (as i'm always overdrawn) that i can then add the authorised overdraft interest they have charged me, at 15.6%, on the charges themselves

 

 

3. arguing the principles of mutuality and reciprocity, i then add another 27.5% contractual interest on the total of 1. and 2. above, the 27.7% being the same % as their unauthorised overdraft interest rate

 

(applying today's rates of 15.6 and 27.5 on the full 6 years, and arguing inflation against any attempt by the bank to claim they're too high?)

 

4. and although i didn't put the full amount in my LBA, it did say i would be adding interest at this stage, so does etiquette absolutely demand i go back and tell them which type i meant?

 

5. and since i'm going for contractual interest, i don't mention anything whatsoever to do with s69 interest at any point, including specifying any dairly rate?

 

6. i'm now rather in awe of such names as Bill-K, GlennUK and Vampiress, so tomorrow i'm going to try and work out what those interest amounts might be without actually asking anyone 'which spreadsheet'...

 

:???: :???: :confused: :confused: :confused:

 

________________________

 

UNDER VALUE SECTION OF N1

 

Charges £2,185.00

Overdraft interest £1,482.44

[ instead of s69 here ] Contractual Interest at Unauthorised Overdraft Rate as set by Barclays Bank £ [ can't work this out yet ]

Court Fee £120.00

 

TOTAL £whatever

 

[ leave this bit out? ] Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

 

___________________

 

UNDER PARTICULARS SECTION OF N1

 

a) the return of the amounts debited in respect of charges in the sum of £2,185and any interest charged thereon;

 

new b) The claimant claims contractual interest on the amount in a) at a rate of 27.5% a year, from 29/11/2001 to 4/7/2007, and also interest at the same rate up to the date of judgment or earlier payment at a daily rate. Alternative, the claimant could accept interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, on the same conditions;

 

c) Court costs.

 

______________________________

 

Ok

 

This is the first time you have mentioned contractual interest. Be warned BARCLAYS WILL DEFEND IT. And you should have added it to both your Prelim and LBA letters

 

If you have used the spreadsheets from this site the amount of interest they have charged you on the penalty charges will be worked out automatically (assuming you have followed the instructions on the spreadsheet correctly). This is regardless of the O/D limit or interest rate. It is purely a percentage of the total interest charged

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