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Zedwoo Vs Goldfish *Need Help*


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Hey guys, I think I might have a bit of a problem. After waiting patiently for my statements to arrive and calculating the charges. I have noticed that goldfish are owned by Morgan Stanley but used to be owned by LloydsTsb.

That's the problem, I have claimed my bank charges back from Lloyds some time ago, however I signed the letter from the solicitor accepting conditions. I didn't realise that when I finally got round to chasing up an old credit card Lloyds were infact the owners.

I'm not sure what to do now, my charges add up to £620. This amount is purely late and over limit charges.

Any advice would be great. Should I proceed as normal or have I inadvertently shot myself in the foot.

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I have noticed other people have had an initial offer included with the statements. Do you think I didn't recieve an offer due to the history.

 

Im not sure what to do? Has anyone else made such a mistake?

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Hey guys, I think I might have a bit of a problem. After waiting patiently for my statements to arrive and calculating the charges. I have noticed that goldfish are owned by Morgan Stanley but used to be owned by Lloyds TSB.

 

Goldfish is an independent company not withstanding the fact that it is owned by someone else. Your agreement was with them not with the parent company. In any case, they are not owned by Lloyds TSB now.

 

however I signed the letter from the solicitor accepting conditions.

 

You cannot sign away your rights. If the conditions imply that you have agreed to something unlawful, they are unenforceable.

 

Any advice would be great. Should I proceed as normal or have I inadvertently shot myself in the foot.

 

Taking the above into account, I think you should just go ahead and start the process against Goldfish and ignore the previous Lloyds TSB connection.

 

Do you think I didn't recieve an offer due to the history.

 

I seriously doubt that anyone in Goldfish has the faintest idea that there is a history. I don't think everyone has receieved an offer with the statements anyway (I might be wrong) and, in any case, these companies change their tactics all the time to try and throw people off the scent. Their ideal outcome is thatyou will just go away. DON'T GO AWAY!

 

You have a strong case. Go get them!

 

Steven

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks for the quick reply Steven. Sometimes just a little reassurance is need to keep us going. I will send another letter requesting the money back this evening.

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Just a quick question, I have double checked my charges and plan to post the prelim letter tommorow including the shedule of charges. I am a bit stumped as what to put down for the interest?

 

In the past I ignored the interest part untill court, however I've read people using various rates for interest calculations form the start. Is this correct? and if so what percentage should I be using. I am right in thinking the £620 late fee/ overlimit fee charges will accrue intrest but at what rate.

 

Thanks in advance.

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Zed

 

Use mindzai's spreadsheet (see bottom of first post on this thread: http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/26172-mindzai-lucid-lloyds-tsb.html).)

 

Put your charges, dates, etc in with Goldfish's APR and it will work out the interest for you. This is the interest that Goldfish have charged you on the unlawful charges. It is your money just as much as the charges are so reclaim it. You will probably find it adds up to quite a bit and is well worth doing even if you have to wait until Friday or the weekend to send your letter off.

 

Steven

 

If this post is helpful, please click the scales

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Thanks again Steven. It's very handy that spreadsheet. In the past I used the 8% s69 intrest rate so this is new to me.

I have just drafter my prelim letter including compound intrest at 15.9%. This has increased my claim from £620 to £711.68. I expect a refusal at this stage. I shall continue with the LBA next.

 

Thaks again.

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hi zedwoo

just wondered who you sent sar to?

i addressed mine to c/o lloyds cos i was also under the impression that my account which was closed around 2001 would be with them-the sar was sent to bn1 ??? on april 30th but has not been signed for-royal mail wont chase it til its been 15 days-cr*p.

 

wondered whether to try another address-i contacted morgan stanley who have no record of the account-just need a valid address for goldfish-helllllllllllllllp

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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Hello jubaxt, I recieved my statements from this address.

 

Goldfish

PO Box 3598

Glasgow

G68 9YG

 

I would send another SARS request with £10 to that address. Im sure this will be ok for you matey.

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  • 5 weeks later...

Hello all, I thought I would update how things are going. I received a letter today offering £248 in full anf final settlement. I have just drafted a rejection letter indicating the LBA I posted on the 1st June remains unchanged. Oh and they have till the 18th to respond before legal action.

 

I even thought I would speed things up by calling the chap who wrote the letter. He said this offer was a response to my prelim letter. I reminded him they have 10 days left before I legal action begins.

 

I'm expecting a better offer in 10 days or MCOL it is.

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hi zedwoo-how long did it take goldfish to send your statements-still sat patiently waiting for mine-they received my recorded delivery letter this time after i sent it to the address you recommended

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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I'm expecting a better offer in 10 days or MCOL it is.

 

Don't hold yor breath

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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  • 2 weeks later...

Yes, you can't ue MCOL

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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I'm now filling in my N1 form. The POC are giving me a headache. This is what I got:

 

The Claimant had an account (55xx xxxx xxxx xx47) with the Defendant which was opened on or around 2003 and closed on or around 2005

2. During the period in which the Account was operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £620 and any interest charged thereon;

 

b) Court costs;

c) The claimant claims interest at the defendants contractual rate of 15.9% per annum from the date of each transaction up to 15/04/2005, which is £134.33 and thereafter at a daily rate of 1.65 upto the date of settlement. In the alternative the claimant claims interest persuant to sec 69 of the County Courts Act at a rate of 8% per annum, totalling £45.82 (I calculated the 8% upto the last charge date apr 05 not present day. Is this right?)and thereafter at a daily rate of xx. (not sure what the daily rate is)

 

I believe that the contents of these particulars of claim are true

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daily rate seems high but i may be wrong-add a day onto the date you'vr put on your s/sheet-the difference between the total on the 2 days is your daily rate-does that make sense??

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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Zed

 

The recent case Halliday v RBoS plc QUEEN'S BENCH DIVISION [2007] All ER (D) 66 (Jun) (see http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost.html) seems to give authority for claiming

 

i) charges

ii) interest charged by the defendant on those charges

iii) s69 interest on both

 

In that case, your a) should include both charges and interest at 14.9% and your c) just s69 interest on both. THe daily rate is calculated as total*0.08/365 = total*0.00022

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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hmm, very interesting steven. I will Look into this in a bit ( I need a brew) I was never to confident wtih CI to begin with. Seems like there may be a chance to get both. a sweet result if sucessful.

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I've been waiting a few extra days before I submitted the N1 form just incase they offered the full amount minus interest.

 

I opened a letter today which offered exactly that. I will accept this offer but insist I will not stop legal action unitll I receve a cheque in my hand.

 

Thanks to everyone on here. Looks like Yorkshire Bank Visa is my last one now. That should pay for my new bathroom hehe

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Hi Zed

 

So what you are saying is that

 

YOU WON!

 

 

CONGRATULATIONS!

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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