petedoyle vs abbey national - possibly???

[chrisking1962]

Hi KB,

 

according to the courts 'How to make a claim' leaflet EX302, there is an example that reads as follows:

 

if you are owed £1000.00, the rate of interest woould be as follows: 0.00022 * 1.000 = 0.22

so the daily rate of interest is 22p.

you can claim the daily interest from the date you issued the claim up until you settle the claim.

 

What I did was add 8% on to the total claim originally and then put a daily interest figure (as the calculation above) to include the s.69 @ 8% and this came into effect on the 17th July 2007 and will be added through until the claim is paid out whether that be this year:D or next year.

 

Hope this is of help.

good luck on the 7th and I hope you stay on track.

 

stay fresh peeps

 

regards as always

 

chris

[ohoh4312]

Hi there

 

Sorry to butt in, but the 8% is NOT 8% of the total claim, it is 8% per annum from the date of each charge, calculated on a daily basis.

 

Then the daily rate of interest is calculated on the value of the total charges, NOT including the stat interest, to give a daily figure.

 

For example, charges are 6,500, and the interest at the date of filing the claim is 1,900; so the total claim is 8,400.

 

The daily rate is calculated as follows:

 

6,500 x 0.00022 = 1.43, therefore £1.43 per day is added onto the total claim value until settlement.

 

Hope that helps.

 

Best regards

 

Jo xx

[chrisking1962]

sorry jo:o

 

stay fresh peeps

 

regards

chris

[petedoyle]

just got my data through, (although some of its missing i think) but still, all the offeending statements and paperwork are there. claim is for about £1200. now, how do i go about starting my claim (i have done claims before so i do know what im doing) its just that this claim goes back to the period of 1997-2000, obviously goes beyond the 6 year rule. i did read somewhere that you can go beyond the 6 year rule, and now that the courts have put a stay on new cases, is it worth me even pursuing this claim?? any advice on how to persue and what i should do be greatful to know. thanks pete

[petedoyle]

anyone ??

[petedoyle]

oh please someone help meeeeeeeeeeeeee!

[ohoh4312]

Hi Pete

 

I can't offer you any pearls of wisdom on this one I am afraid, except to say that you can argue using the SoLA on the basis of concealment; the 6 years then only runs from the date you discovered the true facts, ie that the charges are disproportionate (eek spelling?) to the true cost of the breach.

 

The details are scant, but this basically sums it up:

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31575-important-things-you-really.html?garpg=6

 

However, you do run the risk of the Judge throwing out the SoLA argument, meaning you lose the claim and your Court fee(s) should you get to that stage.

 

If you wish to pursue this claim, as far as I know it is exactly the same procedure as any bank charge claim; just now because of the waiver, your "complaint" HAS to be acknowledged by the bank, then held in a queue (there's a novelty;) ), and then acted upon immediately following the outcome of the Test Case.

 

OOOH I am really struggling here I am afraid - this is my personal opinion based on hours of reading around, but I am not 100% confident in my interpretation of the facts.:o

 

Well, if nothing else it gives your thread another "bump!":)

 

I hope someone "in the know" comes through for you.

 

Best regards

 

Jo xx

[Lula]

Don't worry about the Sola, they don't even bother to argue against it now, but my advice is to know about it and prepare an argument anyway, and get your claim in soon, i think that this might be vital

 

Hope this helps

[petedoyle]

many thnaks to you both jo and lula - much appreciated.

 

i did email over the 'letter' askign for it all back to sheena @ abbey (also sent hard copy) and she emailed back to say she'd forwad it onto releavnt dept. not heard owt back yet, assuming they'll post a letter to me as opposed to email me? anyway, clock is ticking and im well up for a fight. just gotta hear back about my 'managed loan' claim with hsbc...fisticuffs well and truly on!

[Lula]

Pete, just stick to your timescales, I would resend the letter recorded delivery, so that they cant say that they never received it, although you will just get a letter back saying that they wont be looking at any more complaints until after the OFT case, but you should file at court as soon as the prelim letter and LBA times are up

[petedoyle]

yep, roger that, thanks lula, ALL my correspeondence has always been sent 'special delievry'...that way i can track and trace and see who signs for it on the lovely Royal Mail website, (theres another farce company!) btw - how did you get on with your abbey claim? did you win after the 6 year rule?

[Lula]

My claim has been stayed and I have also been refused permission to appeal

[petedoyle]

oh dear, sorry to hear of this. its getting harder for us all. not fair! are they not even making partial offers to anyone and is every bank doign the same thing now and waiting till the case is up before responding? also are managed loans regarded the same way by banks/courts? or do they view them differently?

[petedoyle]

ls it just abbey that are refusing the premission to appeal or your court, i read in another thread (relatign to a LLOYDS TSB claim) with a template on how to appeal a stay - i can post if you want me to? id assume one would just change the detials to suit ones own bank?

 

im just about to file my MCOL.

 

Pete

[petedoyle]

havent filed my MCOL just yet - bit worried that my SOLA will be thrown out as its so far gone - i need to hear from people who HAVE been sucessful withe their claims on this basis usign the SOLA.

 

thaks

 

Pete

[Lula]

pete, firstly, DONT USE MCOL, use an N1 and take it to the court yourself, keep copies, you can download an N1 but be warned, you cant save it so you need to check it properly before you get rid of it.

 

Right, SOLA, my current claim is part SOLA, I do not beleive that the banks can argue against it, and many people have won with an element of pre six year charges, so courage mon brave lol it is going to get stayed anyway for the time being,

[petedoyle]

got my letter back form the county court - date set for 29th january. any advice on how i can tackle my claim using the SOLA act - as my claim goes beyond the 6 year deadline, ANY ADVICE wold be greatly recieved...

[Lula]

http://www.lawcom.gov.uk/docs/cp151apa.pdf

 

section 32

[petedoyle]

many thanks lula - oops didnt see your reply form 6th nov - cheers for that as well, too late as i had already used the MCOL

 

and apologies, head is a mess today - my date is set for HSBC managed loan - NOT my abbey claim, but i did recive a letter back from court with abbeys defence detials that they do intend to defend the claim, but as you mentioned we have to all wait the outcome of januarys test case...oh well at least my complaint is lodged and logged! Pete

[petedoyle]

got my letter from Abbeys legal team and their defence today - obviously they have appelaed it and it has been 'stayed'

 

barign inmind im going/using the SOLA for this claim - is it worth appealing this stay or wait till the test case has been heard then go for it?

[Lula]

Hi Pete, firstly it is not stayed untill the court tells you so , but, if it is stayed it is my opinion that it isnt worth appealing now, until the test case is over then you can apply to have it lifted. Of course , it is up to you, but the test case is only 3/4 weeks away.

[petedoyle]

thanks lula - ill wait then!

 

thaks for all your help and advice - have a nice xmas

[Lula]

you too Pete, i have a feeling, come the end of January that it is going to get really busy around here