Delorean vs NatWest ** SETTLED **

[delorean]

Groovy. So the above is correct? I am claiming back £2337.34?

[alanfromderby]

No, the 8% is calculated on each charge seperately, have you used the spreadsheet as this works out the interest for you. When you have that figure you need to include this in the Total Amount Claimed box.

[delorean]

Sorry for the squillions of questions about this. I just want to make absolutely sure I have it all written down right. Thanks for staying with me on this.

[delorean]

Yep, I used vamps spreadsheet. The charges came to £1397.94 then the interest on it was £262.60 it says at the bottom. The £676.80 interest i just did £1660.54 x 0.00022 to get the 36p then just did number of days since first charge x 0.36. Is that right?

[alanfromderby]

That is the 8% then.

 

Include that in the figure you put in the Amount Claimed box.

[Michael Browne]

Which spreadsheet did you use? The first which works out the s69 8% or the second which works out the interest charged on your charges when your overdrawn?

[delorean]

Aha! I think i've sussed it! It should be like this?:

 

Claimant has account ACC NO. with Defendant from DATE ACC OPENED conducted on their standard terms and conditions. Claimant is claiming the return of £1397.94 taken by Defendant in charges over 6 years.

The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e. In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined

justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 31.05.01 to 24.07.06 of £262.60 and also interest at same rate

up to the date of judgment or earlier payment at a daily rate of £0.36p.

[delorean]

Michael: I used the simple one (with no coloured boxes etc). It just has:

 

In Respect of:AmountDate IncurredDays since offenceInterest 8% APR

[Michael Browne]

Right, in that case the daily rate is £0.31p

[delorean]

Argh! LOL This is wrecking my head lol.

 

So it's 31p not 36p? I'm completely and utterly lost now lol.

[Michael Browne]

£1397.94 X 0.00022 = 0.3075468 =£0.31p

 

I'm beginning to flag a bit too!!

[delorean]

LOL thanks Michael. Soooooooooooooo it is as follows??

 

Claimant has account ACC NO. with Defendant from DATE ACC OPENED conducted on their standard terms and conditions. Claimant is claiming the return of £1397.94 taken by Defendant in charges over 6 years.

The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e. In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined

justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 31.05.01 to 24.07.06 of £262.60 and also interest at same rate

up to the date of judgment or earlier payment at a daily rate of £0.31p.

[delorean]

Please tell me the above is correct before my face explodes! LOL

[Michael Browne]

Correct.

BANG! Oops, too late

[delorean]

PMSL!

 

Hahaha thanks! Submitting it right now.

 

Many many thanks to Michael and Alan for your help with this. Gracias.

[delorean]

Ok, claim submitted just now for £1779.56! Here we go sportsfans!

 

Michael, Alan; good job, hit the showers you two!!

[delorean]

Just had another thought about this. Now I have filed my Moneyclaim for this case, do I send a copy of the charges list to the address I served the claim papers to?

 

If so I shall send by recorded delivery tomorrow first thing.

 

What needs to be put on the letter?

 

Just:

 

Dear John,

 

Please find enclosed a copy of the charges brought on my account by NatWest in relation to Claim #CLAIMNUMBERHERE.

 

Regards,

 

Joe Bloggs.

 

???

[delorean]

I got the Acknowledgement of Service in the post today from the court.

 

It says they intend to defend all of the claim.

 

What do I do now? I have sent the copy of charges to NatWest registered office when I did the Moneyclaim. Do I send a copy to the court too?

 

What do I do now? Just sit and wait for the 28th day to arrive?

 

Many thanks.

[Michael Browne]

Yes,nothing else to do. you can send copy oi charges to court with your allocation questionnaire,

[delorean]

Not had an AQ yet, I assume I will get one?

[Michael Browne]

Yes, assuming they haven't settled before.

[delorean]

Groovy, thanks Michael.

 

What sort of time frame does this run on? I mean, they've acknowledged the claim now. How long til I hear from their lawyers? Should I normally hear something within say, 2 weeks?

[cumbria123]

More like 28 days, they leave it right until the last second. I got their defence today, on day 29, so I might be lucky there, I`ve asked for a default judgment, have to wait and see.

[bs0lth]

Hiya hope you got your default judgement... I wasnt so lucky... they got their defence is on deadline midnight...

 

however... just to let you know the light is at the end of the tunnel.... with me they filed their default... i replied to it and because my claim was over the £1500 I had to go to the court with my AQ and pay another £100... but it all started to go quickly from that point. I had until the 25th of July to get my defense in to thier CPR request.... and did that with a copy of my own for them to respond to.... I got an offer a week later for 50% and then Today a cheque for the whole amount...

 

It only takes approx 2-3 weeks to settle after they defend their claim.... but hopefully you get the default judgement.

 

I will keep my fingers crossed for you.... and hope you get your cheque soon

 

Lynne

[delorean]

Got a letter from Cobbetts today that has a copy of the defence and CPR 18 request.

 

What's next? Not really sure where to proceed from here!