Jump to content


  • Tweets

  • Posts

    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think.
    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      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.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Rascal v Halifax - **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6508 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ive just checked my online banking and Ive been charged another £60 plus £28 today plus another cheque bounced today (it was dated 22nd May we thought that the restaurant had lost it). so that will be another £39 charge. Can I add these to the LBA2 on Friday if I get that far even though Ive already sent them a tally of charges with my last letter?

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

Link to post
Share on other sites

  • Replies 156
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

There is no need for a 2nd LBA. If you had previously sent the Prelim letter, and then the LBA, then the next course of action is a court claim.

 

Add on the latest charges to the claim.

 

The daily rate of interest, from the date of claim onwards, is your charges total, plus the 8% total, multiplied by 0.00022

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

The daily rate of interest (assuming you are referring to the court claim) is 8%.

 

This is best calculated by

 

CHARGES TOTAL + 8% INTEREST TOTAL

 

multiplied by 0.00022

 

As an example only..... £2050 + £214

 

x 0.00022

 

= £0.50p per day (the figure is rounded to the nearest full penny)

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Nope. I am referring to the other interest i.e. the overdraft interest.

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

Link to post
Share on other sites

Sorry didnt make myself clear - I count the 2nd LBA as the letter AFTER the preliminary approach for charge refunds. My action after this is the court claim. I think Im on the verge of giving up claiming on the overdraft interest - I have given myself serious headaches since the weekend trying chart after chart, table after table to work it out - its just far too complex. Im ok working out the 8% interest just not the other bit - which is a shame cos I reckon it would be over £150 which is what Im entitled to?

 

There just seems to be no fool proof quick strategy to working it out. :(

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

Link to post
Share on other sites

Assuming you're using the spreadsheets from here then I believe you can just enter them as you have above. The thread linked from that page has a good set of questions and answers on the spreadsheet along with explanations on how it works - it might cover what you're looking for there.

 

What do you mean by it stops adding on the interest?

Hubbys Account - SETTLED IN FULL

20th May - DPA SAR sent. Statements received 15th June - £1957.29 owed!

24th June - Prelim Letter sent. 10% offer received on 4th July. Indicated it could be accepted as partial settlement towards the full amount.

12th July - LBA sent. 27th July 25% (ish) offer received.

27th July - Moneyclaim submitted. Acknowledged with intent to defend 31st July.

3rd August - £2,365.80 paid in full.

 

Joint Account

24th June - DPA SAR sent.

 

My Account

3rd August - DPA SAR sent.

Link to post
Share on other sites

Indeed - certainly not with the Halifax statements anyway.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

I don't think I am being understood. I completely understand how to work out the 8% that you put on the moneyclaim form its just the other interest that i have been charged on a monthly basis for these charges that I do not understand how to work out.

 

It stopped adding the interest for me when I was completing the table. I added all my charges to the chart first and THEN went and added the interest I had paid monthly. Obviously the amount of charges did not correspond to the amount of interest entries. What I want to know is do I add the charges for one particular month and THEN add the interest in the second column?

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

Link to post
Share on other sites

My chart stopped adding interest half way through but still have me approx £150 (cant remember off top of my head) can I give a circa. figure as to what the interest will be or is it best just to leave it off if I can't work it out exactly.

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

Link to post
Share on other sites

You cannot simply add all your overdraft interest - only the interest that was caused solely because of the charges. If you just add any overdraft interest, then you will certainly have periods where interest occurs but no charges.

 

Halifax do not break down the figures for what caused the overdraft interest, making it doubly difficult to work out. You might be better off leaving them off altogether

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Cheers for all your help :) - I think I'm going to admit defeat on the interest part. Can you just definitely confirm for me that what Ive worked out as 8% interest on my charges is correct please.

 

My total charges about to £2501 so Ive worked out the interest on that as £200.08.

 

Ta v.much :)

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

Link to post
Share on other sites

Hi Rascal - I think the answer you are looking for is here

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

DONATE - Support this site, it supported you!

Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

Link to post
Share on other sites

Can you just definitely confirm for me that what Ive worked out as 8% interest on my charges is correct please.

 

My total charges about to £2501 so Ive worked out the interest on that as £200.08.

 

Ta v.much :)

 

We could not say for sure because the 8% is worked out from the date of the charge, so it accumulates more money the older it is.

 

A £30 charge from 01/01/03 would make £8.50

whereas a £30 charge from 01/01/06 would only equate to £1.27 in interest

 

If you like post the dates and amounts and I will double check your figures...

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

My chart stopped adding interest half way through...

 

I don't quite understand this point - what do you mean by "stopped" adding interest?

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Date

Description of Charge

Cost

 

30/06/03 30.00

31/07/03 30.00

12/08/03 30.00

30/09/03 58.00

06/11/03 30.00

31/12/03 28.00

11/05/04 30.00

19/05/04 20.00

16/07/04 20.00

21/07/04 20.00

07/09/04 35.00

13/09/04 30.00

21/09/04 30.00

30/10/04 28.00

26/11/04 30.00

06/12/04 30.00

08/12/04 30.00

10/12/04 30.00

14/12/04 30.00

31/12/04 28.00

05/01/05 35.00

10/01/05 30.00

11/01/05 30.00

31/01/05 28.00

08/02/05 35.00

18/02/05 30.00

25/02/05 30.00

28/02/05 28.00

01/03/05 30.00

05/03/05 30.00

07/03/05 30.00

09/03/05 30.00

15/03/05 35.00

28/03/05 30.00

29/03/05 30.00

31/03/05 28.00

06/04/05 30.00

13/04/05 30.00

14/04/05 30.00

15/04/05 30.00

20/04/05 30.00

30/04/05 28.00

17/05/05 30.00

19/05/05 30.00

31/05/05 28.00

08/06/05 65.00

09/06/05 30.00

16/07/05 30.00

19/07/05 30.00

20/07/05 30.00

28/07/05 30.00

30/07/05 28.00

10/08/05 30.00

15/08/05 60.00

17/08/05 30.00

26/08/05 60.00

30/08/05 30.00

31/08/05 28.00

08/09/05 69.00

27/09/05 30.00

30/09/05 28.00

05/10/05 30.00

11/10/05 30.00

25/10/05 30.00

26/10/05 129.00

31/10/05 28.00

14/11/05 30.00

30/11/05 28.00

06/12/05 30.00

12/12/05 30.00

13/12/05 30.00

22/12/05 30.00

31/12/05 28.00

31/01/06 28.00

01/06/06 30.00

22/06/06 30.00

10/07/06 60.00

13/07/06 30.00

31/08/06 28.00

 

 

TOTAL???

2559.00

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

Link to post
Share on other sites

I was adding the charges on the left then proceeded to add the interest on the right. I was watching the total sum of interest change with each entry and then for some reason it just stopped going up?

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

Link to post
Share on other sites

Charges total £2619.00

8% interest as of today = £253.28

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Amount / Date Incurred / Days Elapsed / Interest

 

£30.00 30/06/2003 1109 £7.32

£30.00 31/07/2003 1078 £7.11

£30.00 12/08/2003 1066 £7.04

£58.00 30/09/2003 1017 £12.98

£30.00 06/11/2003 980 £6.47

£28.00 31/12/2003 925 £5.70

£30.00 11/05/2004 793 £5.23

£20.00 19/05/2004 785 £3.45

£20.00 16/07/2004 727 £3.20

£20.00 21/07/2004 722 £3.18

£35.00 07/09/2004 674 £5.19

£30.00 13/09/2004 668 £4.41

£30.00 21/09/2004 660 £4.36

£28.00 30/10/2004 621 £3.83

£30.00 26/11/2004 594 £3.92

£30.00 06/12/2004 584 £3.85

£30.00 08/12/2004 582 £3.84

£30.00 10/12/2004 580 £3.83

£30.00 14/12/2004 576 £3.80

£28.00 31/12/2004 559 £3.44

£35.00 05/01/2005 554 £4.27

£30.00 10/01/2005 549 £3.62

£30.00 11/01/2005 548 £3.62

£28.00 31/01/2005 528 £3.25

£35.00 08/02/2005 520 £4.00

£30.00 18/02/2005 510 £3.37

£30.00 25/02/2005 503 £3.32

£28.00 28/02/2005 500 £3.08

£30.00 01/03/2005 499 £3.29

£30.00 05/03/2005 495 £3.27

£30.00 07/03/2005 493 £3.25

£30.00 09/03/2005 491 £3.24

£35.00 15/03/2005 485 £3.73

£30.00 28/03/2005 472 £3.12

£30.00 29/03/2005 471 £3.11

£28.00 31/03/2005 469 £2.89

£30.00 06/04/2005 463 £3.06

£30.00 13/04/2005 456 £3.01

£30.00 14/04/2005 455 £3.00

£30.00 15/04/2005 454 £3.00

£30.00 20/04/2005 449 £2.96

£28.00 30/04/2005 439 £2.70

£30.00 17/05/2005 422 £2.79

£30.00 19/05/2005 420 £2.77

£28.00 31/05/2005 408 £2.51

£65.00 08/06/2005 400 £5.72

£30.00 09/06/2005 399 £2.63

£30.00 16/07/2005 362 £2.39

£30.00 19/07/2005 359 £2.37

£30.00 20/07/2005 358 £2.36

£30.00 28/07/2005 350 £2.31

£28.00 30/07/2005 348 £2.14

£30.00 10/08/2005 337 £2.22

£60.00 15/08/2005 332 £4.38

£30.00 17/08/2005 330 £2.18

£60.00 26/08/2005 321 £4.24

£30.00 30/08/2005 317 £2.09

£28.00 31/08/2005 316 £1.95

£69.00 08/09/2005 308 £4.68

£30.00 27/09/2005 289 £1.91

£28.00 30/09/2005 286 £1.76

£30.00 05/10/2005 281 £1.85

£30.00 11/10/2005 275 £1.82

£30.00 25/10/2005 261 £1.72

£129.00 26/10/2005 260 £7.38

£28.00 31/10/2005 255 £1.57

£30.00 14/11/2005 241 £1.59

£28.00 30/11/2005 225 £1.39

£30.00 06/12/2005 219 £1.45

£30.00 12/12/2005 213 £1.41

£30.00 13/12/2005 212 £1.40

£30.00 22/12/2005 203 £1.34

£28.00 31/12/2005 194 £1.20

£28.00 31/01/2006 163 £1.00

£30.00 01/06/2006 42 £0.28

£30.00 22/06/2006 21 £0.14

£60.00 10/07/2006 3 £0.04

£30.00 13/07/2006 0 £0.00

£28.00 31/08/2006 0 £0.00

 

£2,619.00 Interest Total £253.28

 

TOTAL CLAIMED £2,872.28

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Just sending my LBA now - I'm so excited. :D I'm so far (touch wood) having a really fantastic day. I got paid £500 more than what I was expecting, my Nan sent me a cheque out of the blue for £30 and I'm about to stiff the Halifax for £2600.

 

I might even buy a scratchcard later to celebrate :)

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

Link to post
Share on other sites

The 40 days start from the date they received the letter.

17/5/06 - Halifax -preliminary letter sent

31/5/06 - Halifax - LBA sent

15/6/06 - claim filed

6/7/06 - SETTLED IN FULL £3,306 + £859.95 interest

13/7/06 - Abbey Credit Card - Data Protection Act letter

10/8/06 - Abbey CC Rec £150 gwj £192 oust.

13/8/06 - Abbey CC - prelim letter sent

28/8/06 - Abbey CC - LBA

18/9/06 - Abbey CC - Settled in full - £200 paid

 

Link to post
Share on other sites

The 40 days start from the date they received the letter.

 

Sorry, did I miss the question? :D

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

Got a pretty standard letter from Halifax today saying thanks for letter of 30th June we will respond by 3rd August latest until then here is a complaints leaflet. I sent my LBA yesterday as had no response was I still ok to do this? - they JUST responded within the 14 days specified in my letter (well 13.5) so our letters crossed in the post - is this ok do you think? And 3rd August - hello? - I said 14 days. They now have til 28 July to get back to my LBA before Moneyclaim commences.

 

They really are a bunch of imbociles.

Halifax - SUCCESS August 2006

Woolwich - SUCCESS January 2007

 

 

Nationwide... you're next...

Link to post
Share on other sites

You're doing fine...

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...