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    • Hi everyone, Apologies for bringing up the same topic regarding these individuals. I wish I had found this forum earlier, as I've seen very similar cases. However, I need your help in figuring out what to do next because we've involved our partners/resellers. I work as an IT Manager in a company outside of the UK. We acquired a license from a certified reseller (along with a support agreement) and also obtained training sessions from them. The issue arose when we needed to register two people for the training sessions, so we used an external laptop for the second user to keep up with the sessions for only a month. During this period, the laptop was solely used for the training sessions. After two weeks, my boss forwarded an email to me from Ms Vinces, stating that we are using illicit software from SolidWorks. Since this has never happened to me or anyone we know, I went into panic mode and had a meeting with her. During the meeting, we explained that we were using an external laptop solely for the training sessions and that the laptop had not been used within the company since her email. She informed us that for such cases, there are demos and special licenses (though our reseller did not mention these types of licenses when we made our initial purchase). She then mentioned that we had utilized products worth approximately €25k and presented us with two options: either pay the agreed value or acquire SolidWorks products. We expressed that the cost was too high, and our business couldn't support such expenses. I assured her that we would discuss the matter with the company board and get back to her. After the meeting, we contacted the company reseller from whom we purchased the license, explained the situation, and mentioned the use of an external laptop. They said they would speak to Maria and help mediate the situation. We hoped to significantly reduce the cost, perhaps to that of a 1-year professional license. Unfortunately, we were mistaken. The reseller mediated a value €2k less than what Maria had suggested (essentially, we would need to acquire two professional lifetime licenses and two years of support for a total of €23k). This amount is still beyond our means, but they insisted that the price was non-negotiable and wouldn't be reduced any further. The entire situation feels odd because she never provided us with addresses or other evidence (which I should have requested), and she's pressuring us to resolve the matter by the end of the month, with payment to be made through the reseller. This makes me feel as though the reseller is taking advantage of the situation to profit from it. Currently, we're trying to buy some time. We plan to meet with the reseller next week but are uncertain about how to proceed with them or whether we should respond to the mediator.
    • Thanks London  if I’ve read correctly the questionaire wants me to post his actual name on a public forum… is that correct.  I’ve only had a quick read so far
    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
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Kitesurfer v Natwest


KiteSurfer
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Hi,

Posted yesterday in the welcome forum to say hi, but now have started this thread and one in nationwide.

 

Sent SAR on 11-04, received my statemnts about a week ago, found this site yesterday and have now completed my spreadsheet.

 

I used the 1.9 spreadsheet and included interest at 29.5 % as that is what they charged me for unauthorised borrowing.

 

Penalties come to 1600, with interest paid this is 2200.

Once I add contractual interest this rises to 4300.

 

The preliminary letter does not seem to take the contractual into account, but Im sure I saw a post last night pointing to a preliminary letter that did (it was late tho).

 

Going to have a look around the forums for more info on contractual, but have to say, my account has been OD almost all the time its been open, and they have ben charging me unauth charges almost every month - if I can I want to get my own back!!

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Hi there, you can just use the prelim letter and adjust it, i.e. just add the bit about wanting to reclaim contractual interest. You dont have to use one set in stone, just add in the bit yourself about reclaiming contractual interest as well. Its easy really............. just substitute the bit for overdraft interest with CCI instead. All the best. Fendy xxx

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Fendy,

 

Just to be sure I am on the right track..

 

I have amended the 'What I require' section as follows with the figures from the v1.9 spreadsheet as follows:

 

What I require

I calculate that you have taken £1605.30 plus £617.75 which you have charged me in overdraft interest for the sum which you have taken, Total £2223.05

I am claiming £2,243.80 in compound contractual interest at your un-authorised borrowing rate of 29.5% under the principle of mutuality and reciprocity, which applies to this account.

Total £4466.85

 

I enclose a schedule of the charges which I am claiming with this letter. The total amount owed will increase by £1.59 per day until satisfied as a result of the compound contractual interest rate at the advertised unauthorised borrowing rate

 

This is slightly different to your suggestion, but seems to make sense. I am unsure of the wording.

 

I have an additional concern about the daily rate.

I used the v1.9 spreadsheet which I have taken all the figures from, and it gives the daily rate on the C.Interest Daily tab, but when I changed the 'claim until' date by 1 day the total increased by £3.17 not £1.59

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hi

 

your wording looks good 2 me

 

 

also i used the same spreadsheet and it does work out the daily rate correctly so just check all your charges on the s/s and rerun it again and if the figures are the same i would be confident that the daily rate is correct

 

Scott

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Haven't heard of any retaliatory action for a while to be honest with you!

 

If you haven't had any problems with the overdraft (i.e., NW sending letters about it!) I wouldn't worry about it. I've got one for £500 less than you at the moment - and I'm plodding on regardless!!!

 

I suppose a parachute account would give you a bit of peace of mind though - so it's up to you!!!

 

Good luck, hedgey xxx :p

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Cheers Hedgey,

they havent sent me a letter for ages, funny though, Im keenly awaiting their next one :D

 

I'll see how it goes with the acct

 

Good Luck with yours too,

I havent even got as far as reading about an N1 yet!!

Kitesurfer

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Kitey, you have signed an agreement for your overdraft. As long as you keep to that agreement you will be okay. They would be in breach of contract if they withdrew your overdraft without a good reason.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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You will like it a whole lot more when you get that money back, believe me............. AND YOU WILL, ITS JUST A CASE OF WHEN and not IF. Lol Lol xxx Were all right behind you, shoving you onward and upward to the next step. Shoving gently I might add. Lol xxxx

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Just received letter stating they are currently considering my claim and anticipate they will be in a position to respond in 6-7 weeks.....

 

As they have not entered into a sincere dialogue is it straight onto the LBA now... or do I need to wait 14 days...

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If you've sent them the prelim - waited 14 days - not had an offer.................. send them the LBA and give them another 14 days to respond!!!

 

This is your claim - not theirs, so you set the timescales - not them!! Tisn't your fault they're snowed under with claims and can't cope with the backlog........... so get yer LBA sent 1st thing Tuesday morning!!! xxxx :D

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Whoops - thought yer deadline was up!! Lol......... teach me not to read back through the threads!!! Hang on till the 4th - then............. you know the drill!!!!

 

Good luck, hedgey xxx

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Nothing wrong with a bit of impatience, but if it gets to the court stage.......... practice your patience! As our Parkie says........... patience is a virture - and much needed when dealing with cobblers and nat west!!!

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Hedgey, spot -on as usual. :)

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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  • 2 weeks later...

Nice one......... another LBA in the post to keep the little workers at Borehamwood up to their necks in paperwork!!!

 

Have a look here for the next stage Moneyclaim and hardcopy claim compared it explains the pros and cons of MCOL or filing N1 at your local county court. I went with N1 - gave me loads of satisfaction to hand it in at my local county court!!! This thread's really useful as well Example Step-By-Step Instructions

 

Good luck, hedgey xxx ;)

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Cheers Hedgey - I've had a look through those, I'll have a think about whether to go mcol or N1..

 

Nice to see fendy and parky have won.. keeps everyone smiling, especially trying to follow the threads!!

 

:D :D

 

thx for yer help

 

Kitesurfer

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