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Halibunny v AMERICAN EXPRESS CARDS


HALIBUNNY
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Hi peeps. Need some advice on my claim.

 

1. Sent an LBA with correct schedule of charges but added total up wrong! groan. No response, took them to court with same schedule but WITH CORRECT TOTAL OF THE CHARGES this time. So my Court claim is correct BUT LBA TOTAL OF CHARGES ISN'T EVEN THOUGH THE CHARGES ARE LISTED CORRECTLY.

 

2. Also I didn't include any interest on my charges in LBA which they applied to the charges BUT I did in court claim. THEIR SOLICITOR HAS MADE AN OFFER WITHOUT ANY MENTION OF INTEREST AND USING THE LOWER WRONG TOTAL THAT I USED IN THE LBA RATHER THAN THE CORRECT HIGHER ONE SENT TO COURT

 

I don't want to accept a lower total than I am entitled to and want interest if possible. Does my cock up in the LBA in any way weaken my case for getting the full amount?

 

Advice appreciated

 

Thanks

 

Halibunny

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Hi peeps. Need some advice on my claim.

 

1. Sent an LBA with correct schedule of charges but added total up wrong! groan. No response, took them to court with same schedule but WITH CORRECT TOTAL OF THE CHARGES this time. So my Court claim is correct BUT LBA TOTAL OF CHARGES ISN'T EVEN THOUGH THE CHARGES ARE LISTED CORRECTLY.

 

2. Also I didn't include any interest on my charges in LBA which they applied to the charges BUT I did in court claim. THEIR SOLICITOR HAS MADE AN OFFER WITHOUT ANY MENTION OF INTEREST AND USING THE LOWER WRONG TOTAL THAT I USED IN THE LBA RATHER THAN THE CORRECT HIGHER ONE SENT TO COURT

 

I don't want to accept a lower total than I am entitled to and want interest if possible. Does my cock up in the LBA in any way weaken my case for getting the full amount?

 

Advice appreciated

 

Thanks

 

Halibunny

Which interest did you add the OD interest and did you add all of it or just the amount that was a direct result of a charge.

Depending on what interest you added you may have to submit an N244 to amend your claim.

Also here is the rejection letter template.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Thanks again Livelylad.

 

It is credit card charges that I am claiming for. So if the monthly interest was 1.4% I added this to each charge from the time it was made. As I said in my original post I didn't include this when I did my LBA. I only included it when I sent my claim to COURT. The claim sent to Court is 100% correct so doesn't need altering. I'm just saying that the total of my charges in my original LBA was wrong (the list was correct but I added it up wrong!) and also that I didn't include interest WHICH WAS APPLIED TO MY CHARGES in the LBA BUT I did when I sent the claim to Court. Is that a problem is what I'm asking given that their solicitor is working of the wrong charges total in the LBA?

 

Thanks for any help

 

HB

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