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    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cheddar V Natwest **WON**


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Right the courts won't take my bank statement as proof as it doesn't show how much we earn and thats the important bit, however hubby has sadly lost job job so we will be getting a letter for JSA soon and can use that as Tax Credits have completely messed up our claim and won't send out a recent award notice.

 

However my branch manager has looked into my claim and has offered me £350 as Full and Final Settlement, now i know i can either say no or accept but not as full or final....however I could really (and I mean really) do with this money so am going to accept it but not as F&F. Do we have a letter or similar for this? I can draft one up and maybe people can comment, see the problem is that i am out of sync as i have already sent an LBA but I'm pretty sure i have them by the balls especially seeing as they charged £30 to my account when my manager asked for details to be sent to her causing lots of grief for me, sent a letter about that as well but it seems to have crossed the offer letter so i may well give them a ring mid week.

 

Right off to do this letter, any other advice would be great though.

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cheers hunni, i'm not sure actually as my friend (same branch, same manager) declined the first offer and then got offered the full amount, so will give it a try! seems a bit hit and miss from what i have read and i know Natwest are being tough now but anythings worth a try! LOL!

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Well I have written a longer letter about this £30 charge and the fact that for some reason they seem to have taken it off me again this weekend and that i will persue no matter what but want the £350 as partial. Also i submitted the wrong amount to my manager so have detailed the 2 charges i missed off and the new amount.

 

But just to make it clear i have done this as a separate letter anyway:

 

 

 

Dear Ms Warren,

 

Re: Punitive Bank Charges A/C *******

 

Thank you for your offer of £350 we would like to accept this offer only under the condition that it is a Partial Settlement and we will continue with our claim to recover full funds.

 

Yours faithfully

 

 

 

 

 

Mrs cheddar Mr cheddar

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No offence but I don't think that the letter on that thread is that good (sorry) and also it relates to being offered the Full amount and then not persuing any in the future, whereas mine is a partial offer in F&F.

 

Think might have to do some tweaking to my letter and have another look round.

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Right have found this from Barracad, lol!

 

I would respond with the following:

 

 

Dear Mr Banker

 

Thank you for your offer of £xxx.xx as part settlement of my claim.

 

Your offer is not satisfactory, although I am prepared to accept this sum, unconditionally, in part-settlement of my FULL claim of £yyy.yy.

 

I shall continue to proceed with my action to recover the remainder of my claim.

 

So this is now my finished version! lol! (I go on don't I?):

 

Dear Ms Warren,

 

Re: Punitive Bank Charges A/C *******

 

Thank you for your offer of £350 as part settlement of my claim.

 

Your offer is not satisfactory, although I am prepared to accept this sum only under the condition that it is a Partial Settlement of my full claim of £2122.50

 

We shall continue to proceed with our action to recover the remainder of our claim.

 

 

Yours faithfully

 

Mr & Mrs Cheddar

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Hey guess what I actually read a post before and the interest thing clicked! LOL!

 

This is how I would work it out for mine, obviously when you take it to court you can add 8% interest on each charge (using the spreadsheet) and then a daily amount of interest from the day you file the claim -

 

amount owed 2122.50 + 8% 441 = 2563.50

now 2122.50 x0.00022 = 46p per day

So from the day i file my claim if it takes them 14 days to pay me they will have to add another 6.50 (0.46p x 14days) to my total

 

So from that not really sure if it is worth it! But might as well get as much as i can out of them! LOL! (Hope this is right as well.....)

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Right they have written back again to say they will offer £860, I just think they are taking the mick now and dragging things out, not only that but all I got was the same standard letter. Nothing about being charged £30 for them to look at my account, then refunding it to take it away again, making me overdrawn and guess what? at the end of this month i will be.......CHARGED!!

 

ARRRGHHHHH! Thats it I will reply to the same effect as last time and say that if they don't either agree and give me £860 and let me carry on or give me the £2122 then I will be going to court straightaway!

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The branch manager rang today and spoke to my other half and she asked if we had made a decision on the £860 and hubby told her to get stuffed basically! Thats all well and good but still nothing about the £30 they have taken or the potential charge so i have either her or her assistant ringing me back today. Filling out all my court forms and going down tomorrow (can't do MCOL).

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Right the 'Qualit and Care' manager rang back (seems Branch manager can't be bothered anymore) said that the £30 will go back in and the £28 and £30 fees will not come out. I should think not, as for the charges it has all been passed to CR in Edinburgh so that was a waste of time considering I started there! LOL!

 

Mind you we now have the proof of JSA for the courts as Tax Credits still haven't given us an award notice (something to do with the small fact of my step daughters mother still trying to claim for her, even tho she lives here now - tut tut).

 

So preparing court forms now and hopefully will be in by the end of the week! Will keep posting.

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It's been fascinating reading and I admire your tanacity. Well done.

I'm in the first stages and am wondering if you could advise me on the interest side of things.

I have found that Nat West lumped my overdraft interest in with the interest they charged for my going over. Can't seem to be able to work it out.

Can you help?

Thanks.:-|

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Well have been ill again :( but in that time got a very long winded letter from my friend Mr Higley again offer of £860 still stands

 

'was propsed as a gesture of goodwill and without admission of error or liability' getting posh now isn't he? And also 'I know you have declined this offer but it will not be increased' !!! omg how cheeky! lol!

 

Also load of rubbish about things abut the OFT only mentioning CCs but that they don't agree with them on that anyway etc

 

(so my branch basically sent me round in a big circle - thanks). Oh and i still don't have my £30 that they took from my account on 27th july had to ring again this afternoon and apparently the Q&C manager will be 'spoken to' when she gets back from leave.

 

Anyway hopefully some time this week i will file my claim! lol!

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Right am finishing off the finer points of my N1 form and can someone please confrm i have done this right? This is the last part of the Particulars of Claim....

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £2122.50 and any interest charged thereon;

 

b) Court costs;

 

c) Interest pursuant under section 69 of the County Courts Act 1984 at the rate of 8% a year from 7th July 2000 to 25th August 2006 of £449.57 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.46p.

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  • 2 weeks later...

Well I have filed it now and i hope i did it all ok. I handed it in and the clerk had a quick look over it and said it looked fine. Then she started going on about interest could only start from the date the calim was filed (ie 06/09/06) and i was kind of distracted by my son and didn't really know what she was on about. anyone got any ideas?? Think it might be the 0.46p business! LOL!

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Cheddar,

 

Thats right, 0.46p per day is from the date the claim is filed ... all other previous interest is covered by the £449.57 bit ... the rest of the claim all seems to be in order.

NatWest:

Sent LBA on 12 May.

Submitted MoneyClaim on 30 May.

Acknowledged 7 Jun, 3 Jul deadline for response

Defence filed 4 Jul

Received their copy of AQ 21 July, awaiting court date

*********** SETTLED IN FULL - 17 August *************

Egg Card:

Requested Payment Protection Refund on 20 May,

Sent Data Protection Act request, egg acknowledged,

8 Jul deadline for response.

26 Jul: Sent Prelim Letter

01 Sep: Sent LBA

Citibank:

Not Started

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Hi Cheddar,

 

I'm just about a couple of weeks behind you so am reading yours with interest. Could you please let me know how much it cost to file the N1 form with court? I think that I'm going to do it that way to avoid the old CPR18 trick but if the cost involved are different I may have to go for moneyclaim.

 

Good luck with everything!

 

S

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If you read my thread you will see that the reason I filed the paper N1 is because i am exempt from fees but if not it would have cost me £120 if you read this section of the Step-By-Step instructions. It tells you all about the court procedure, including fees, under step number 5 is a link called DO I HAVE TO PAY its here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html

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  • 2 weeks later...

Yes chedder - i am in the same boat and filed by paper. recieved a Notice of Issue a few days after submitting.Then you just wait for the court to send you a Acknowledgement of Service (mine arrived about a week later (see my timeline). basically it will state the bank intend to defend your claim.This gives them 28 days from Notice of Issue to get in a defence or settle.Dont worry if it takes a while for the Acknowledgement to arrive - the clock is ticking from the date the claim is deemed SERVED to the bank.

Good luck!!

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