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    • Interesting that dodo has only been there 10 minutes and tories are saying she should go as the public have 'lost faith' in test and trace   LOL Scapegoat Harding for the crap from before this version of trace a test and lie even existed. No sympathy from me though.  
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    • The concept of "manifest error" is sometimes used in construction contracts and expert determination agreements.Manifest error does not represent a generally available legal ground for attacking an otherwise "final and binding" certificate or determination. It therefore needs to be written into a contract as a basis for invalidating a certificate or determination.   Where a contract does provide for a certificate to be final and binding except in the case of "manifest error", Amey v BCC confirms that a "plain and obvious" mistake will need to be established in order to challenge such certification.   A "manifest error" need not be "plain and obvious" from the relevant certificate itself. In Amey v BCC, the "manifest error" became evident from a consideration of the terms of the Contract as well as the previous conduct of the parties when the certificates were issued.
    • Hi thanks for the advice. Yes, I will talk with the solicitor tomorrow (AWH solicitors, as they seem to have random experience with such cases) and provide what I have collected so far. The seller said he will only talk with my solicitor, so be it then. I will however push the solicitor to exercise fear tactics that we are in a position to contact his employer since he used company properties and that we need to do this to find out who holds the title; this is more or less to get his cooperation to the full extent and release any information deemed important to my case. The first step would be for the solicitor to motivate him signing a letter of good faith to me and pass all the relevant info to MB. I guess having a solicitor to communicate on my behalf with seller and MB will keep me within the domains to the full extent of the law to keep the car and have the HPA title removed (praying that the seller is customer of MB...otherwise I may face a legal battle to sue the seller if MB rejects to give me a good faith title). Aside this if nothing works out, as a (private) buyer, I can also exercise my rights to cancel the purchase within 30 days since the car was not fit for sale and sue the seller in court (small claims tribunal) if he does not refund my money. I do hope he may be the proud owner of a house, be married, and enjoy sufficient income for me to get my hands on all means he owns to get my money + costs back.
    • UK academics: opening of universities was illegal https://www.theguardian.com/education/2020/oct/24/uk-academics-opening-of-universities-was   "On 21 September, the Scientific Advisory Group for Emergencies (Sage) advised the government to introduce immediate measures that would require universities and colleges to move all their teaching online “unless face-to-face teaching is absolutely essential”.   Minutes of the meeting, which were disclosed publicly on 12 October, show that the committee warned that “outbreaks are very likely in universities”, and emphasised that the risk of Covid-19 death and severe disease was higher for university and college workers than for students. A week after receiving this advice, Williamson reassured MPs about the “safety” of students to return to university campuses"    
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
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      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
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      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Okay

I finally received my old statements and report of transactions from Egg yesterday. Have a total of £220 of charges to claim back.

Preliminary request for payment sent off today.

I’ll keep you all posted.

MadMaxCTR :cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Need some help please?

I'm seen about this contractual interest we can claim on these credit card claims but firstly how much is it for this card and has anyone got a linky to explain a bit more about it and finally anyone got a Egg spreadsheet for doing this.

Ta

MadMaxCTR:cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Need some help please?

I've seen about this contractual interest thing we can claim on these credit card claims but firstly how much is it for this card and has anyone got a linky to explain a bit more about it.

Finally anyone got a spreadsheet for doing this.

Ta

MadMaxCTR :cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Share on other sites

Contractual Interest based on the principles of mutuality and reciprocity has already been dismissed in the High Court with precedent set (see Hippo thread).

 

What can be claimed back are the monthly debit interest items ACTUALLY accrued on the unlawful charges, i.e. if after charges were levied you then paid off your entire card balance, then from that point on no further debit interest accrued on your unlawful charges, so none would be reclaimable.

 

Debit interest flucutated from month to month, so to disentangle the lawful interest accrued on your purchases from unlawful interest accrued on your charges, you will need to multiply your accumulated unlawful charges and unlawful interest to date, by the interest rate applicable on the month in question. There are various excel spreadsheets on the site, e.g. check threads started Vampiress. I would no longer rely on such spreadsheets, as you need to make sure each month the computed theoretical debit interest was PHYSICALLY, ACTUALLY levied on your account. Say if £220 charges levied, but only £100 debit balance at May 2007 monthend, then for that month only £100 accrued interest. If that £100 was made up by £60 new lawful spending, then only £40 charges accrued interest in May 2007.

 

With charges at only £220 it is doubtful if too much effort is worthfhile. The answer need not be 100% accurate (nobody can get it 100%), it is unlikely Egg will dispute any tiny discrepancy.

 

(Charges + interest) reclaimed, when it reaches court and is upheld, then the court will add 8% Statutory Interest. You can say as much to Egg. If Egg refuses to pay SI, then you can say, see you in court (at some inconvenience and cost to yourself). It is unlikely Egg will fight. In recent months they quickly accede, so long as you use the template reply from moc1982 thread, when they say "they have complied with reduction to OFT threshold £16, where is your evidence of unfairness?"

 

GL

 

 

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  • 3 weeks later...

Letter received from Egg dated the 26/07/07 making a partial offer.

Appears to be their standard response where they mention that they’ve lowered their charges down to £16 so they’ve offered me £44 (the £4 difference X the 11 charges).

Secure email sent

Thank you for your letter dated 26th July 2007 regarding my request for repayment of charges.

 

I have great respect for Egg's Genuine Pre-estimate of £20, great respect for Egg's Genuine Pre-estimate of £16 and great respect for all future Genuine Pre-estimates that Egg provide.

 

As a former cardholder I cannot help wondering, if after many years in business Egg has ever tried to reconcile Pre-estimates against Post-event audits. I am confident that a company devoted to justice and truth like Egg will not withhold evidence from the cardholder, that Egg will present evidence in court to show after-the-event costs, as well as before-the-event Genuine Pre-estimates. Therefore I intend to file a claim for the £220 charges and I hereby reject the £44 offer which you made in your previous correspondence.”

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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LOL thats a great letter Max I hope it works for you

"I am more than prepared to repay any money I have borrowed, IF they are prepared to refund any money THEIR agreement doesnt allow them to charge me." Tamadus

 

Thanks couldnt put it better myself :D

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Unfortunately i can't claim credit for that.

 

I beleive i nicked it off Zubo. He had the same offer from Egg ( you know the difference between their old charge and the new one) he sent that letter via the secure email and had an offer for full settlement in two days.

 

Fingers crossed.

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Share on other sites
  • 1 month later...

Referred to the FOS now. :p

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Share on other sites

Let us know what they come up with

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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Let us know what they come up with

 

Will do.

 

If its anything like what they did for me on Max V Lloyds TSB, i'll have full settlement with interest in a few weeks. :cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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  • 4 weeks later...

Settled in full without any litigation.

 

Offer letter came days after i wrote to Eggy telling them i had referred the case to the FOS.

 

MODS - please adjust my title to *****WON**** and move me to the successful egg claims folder.

 

Ta

 

MadMaxCTR :cool:

Settled:

Lloyds TSB - SETTLED IN FULL £2094

MBNA/Abbey Credit Card - SETTLED IN FULL - £460

Sainsbury's Bank Credit Card - SETTLED IN FULL - £50

Ongoing:

3 credit cards,

EGG - £220 - With FOS

MINT - £20 - With FOS

Captial One - £340 - With FOS

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Madmax

 

CONGRATULATIONS!

 

Well done for hanging on in there. :D

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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a very well deserved ***won***

 

Crusher :-D

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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