Claiming contractual interest- help me finish this!

[Carpetbagger]

Ahhh, gotcha, thanks for that Mickey. My PoC is getting longer and longer!

Regarding contactual interest, I thought people were now trying to prove the bank has a fiduciary responsibility and is not allowed to profit from this position. Not quite sure how they are getting along with this though. i'm inclined to think the reason that other case fell down was because as Steven 4064 said, the losing claimant was claiming contractual interest on top of contractual interest, which is obviously taking the ****.

[Micky the Hippo]

Mine went to four pages as a guide, nothing fancy mind

 

A few people have been turned down for CI in court, if you proceed to court having had an offer for your charges and interest I think you're chancing your arm a bit unless you;re really on the ball, I'm sure someone got slapped by ajudge before the 'precedent' case and one of the things the judge firmly refuted was the idea of a fidicury relationship, the last time I skimmed people were working on other arguments, I forget them now, sorry

 

I think with the variance POC the bank still has to offer you at least the regular settlement and you can haggle and bluff about the CI if you're so minded, as I said, nothing to lose and somethig to gain

 

still, what do I know

[Carpetbagger]

Well, the bank has up to this point firmly refused to pay any interest whatsoever. I even have a letter from them saying they will not pay interest. So as you say, nothing to lose.

My case is slightly complicated by the fact they've taken my benefits all year, and I'm not entirely sure how to best work that to my advantage yet. I'm sure the amount of benfit they've taken is comparable to the CI amount. Another variance? Variance POC seems like the best option I've been offered so far.

[Micky the Hippo]

every one gets the interest due to charges, and the stat once they issue proceedings, it ain't up the banks what they pay or not

 

I still smile at one of the bank wallahs for Natwest telling me that the bank 'would not pay charges older than 6 years'

 

don;t know anything about benefits, it's only money in your account surely? or is there some guidelines that they aren't supposed to apply charges on people benefits

 

If you want a copy of the POC I used, hollah and I'll PM it over, nothing fancy but it seemed sound to me barring perhaps the R&M argument

[Carpetbagger]

It's like Steven said at the top of this thread, benefits is 'special' money, because it is the minimum the law says you need to live on. Any charge on this breaches the 1992 Social Security Act s187. Naughty Natwest!

I am a bit confused by this, because that means that technically ALL of the interest levied on my account this year is unenforceable and recoverable, because its been taken out of my benefits. So I should really claim for the full amount of these all year, but doing the sums is beyond me.

Please oculd you PM your PoC? That would be a great help.

[Micky the Hippo]

gotcha, read around then, I've seen references to benefits, only paid no attention

 

POC Pmed, I've xxxed out dates and figures, make sure you update the interest rates, and of course, no moaning if it turns out to be a pile of nonsense that the judge and barrister for the bank die of laughter from

[Carpetbagger]

Cheers Mickey!

[reduk054]

subscribing, as interested in the arguments for/against contractual interest.

Good luck with your claims!

Red

[Micky the Hippo]

ta red but there's threads far more qualified that this and mine with all respect to the carpet, we're stumbling alone

[Carpetbagger]

Hi Red,

 

I'd have to agree with Mickey, there are more enlightening threads going on re CI, I've flagged some of them up in earlier threads. I'm spending most of my time on those recently, still getting my claim together to put on my n1, but I'm still not happy with it.

How are you getting on with your claim Mickey? Do you have a thread of your own? (not that I dont value your company here!) When is your case being held?

[Micky the Hippo]

had my summons acknowledged a week or so ago so expecting defences shortly

 

by all accounts I won;t get a date until late Sept

[reduk054]

OK Carpetbagger and Micky the Hippo, thank you for the aknowledgement and the advice! I am reading around, and I hope that both of your claims are successful!

Red