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    • Doc 04-19-2024 11-01-51-merged-compressed.pdf good morning.    9 pages attached.    thank you  UCM
    • Hi I was being supplied my ovo after unknowingly being swapped from SSE.  My issues began when we had a smart meter fitted and our bills almost doubled overnight - we at the time assumed we were just paying not enough until then and just continued to pay the excess bills each. Month.    I would from time to time contact ovo and get faced with a call centre on South Africa of the most rude agents who would just hang up after hours of wait and I could not even get an acknowledgement of an issue with my meter.  At one point we were not in the property for like 4 months and the bills were coming just as high!  It was at this point I was sure something is not right and ovo only care to send bailiffs and started threatening us with a pay as you go meter despite me taking out a 3.5k loan to pay of my outstanding balance.  Around 1600 each on both gas and electricity.  This is where its gets really bad -  the very same day they sent me out a new bill saying the money paid already was only to cover up until the November previous and because its now Feb we owe another 1k.   By that August this had risen to over 3k and I still couldn't get anyone to even acknowledge a fault let alone fix it.    In despair I tried to swap suppliers and to my surprise octopus accepted us because even tho the debt is owed we are trying deal with.  During our time with them the bill was coming only on my wife's name as I was responsible for other bills and she this one - now that we owe them 3k they have magically started adding my name as well as my wife's to the same debt to apply double pressure and its showing on my experiwn report now with a question mark and 2700 showing in grey -  This was my wife's debt which we dispute we owe yet the have now sent me letter with both our names on from oriel and past due credit debt agencies - is this illegal and how can I get them to take my. Name of this and leave on wife's name as its so unfair they give us a both a defualt for wife's debt which we dispute anyway.    In the end about 3 weeks ago I wrote an email to their ceo and rishi sunak and low and behold for the first time in our history with ovo someone who spoke English contacted us and said she will look into our claim.    I explained to her that we feel our meter is faulty and despite me contacting them using WhatsApp email and phone I still have not got anyone to acknowledge a fault even. And that I dispute I Owe anything as my son was in hospital for 3 months and we stayed with him so house was empty and still. They were sending us super sized bills more than when we started at home.  She promised to investigate and a few days later replied that she is sorry for the poor customer service and offered us £50 compensation - however she also. Mentioned that she's attached statements for us confirming the payment for 3k I made was only up until Nov and in Feb despite me pay 3.5k nearly it's correct for them to bill. Me. Another £900 the very same day and she did not agree our meter was faulty and therfore the debt stands and she will not be calling it bcak from past due credit.  During my time with my new supplier post ovo, octopus I requested tehy check my. Meters because I felt they were faulty and over charging me and I got excellent response asking me for further details which I supplied and I got a. Response bcak within days to say my meter was indeed faulty and octopus have now remotely repaired it.   I then contacted the energy ombudsman and explained my situation how she at ovo tried to fob me off and demand I apy money we don't feel we owe due to faulty equipment we reported but ovo had to process or mechanism to deal with it or lodge complaint even without having to cc their ceo and our pm. And now I feel sick to think both husband and wife will get a 6  year default for debt which have a validity of a questionable nature.    I explained all this to the energy ombudsman and they accepted my case and I explained to them that my new supplier found my fault which ovo refueed to accept - I've uploaded the email from new supplier to ombudsman showing we had a fault.    My. Question is is there anything I can upload in defence of my case to ombudsman before they decide outcome ina few weeks    All advice greatly appreciated not only would I like advice on how to clear this debt but also how I can pursue ovo for compensation and deterrence for the future.  Thansk 
    • Thanks for the reply dubai 50 - if the statute is 10 years it has long passed - if it is 15 years i havea few months left. i shall ignore until it gets serious  An update - - I sent the letter to the bank in Dubai ( I did get delivery confirmation from Royal Mail)   - I have moved to a new address ( this is the address i gave to the bank in dubai)  - IDR are continuing to send Letters to the old address, which leads me to believe they are not in contact with the bank at all. - i have not replied to any correspondence digital or hard as they are non threatening ( as of yet).        
    • Your topic title was altered last June 23 by the owner of this forum in the interests of the forum Anyway well done on your result and thank you for concluding your topic, title updated.   Andy   .
    • So what    Why ? Consent Order/ Confidentiality ? This would be be invaluable to followers of your topic.  
  • 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
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uk_joe v NatWest ***WON***


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Hi,

Having read through several pages of forums and the FAQs, I'm getting ready to go on the offensive with my bank. Really impressed with amount and quality of information here btw :)

 

Quick question which I'm sure someone can help me with:

I have pretty much all my current account statements from the last 6 years stashed away at home. Previously I have (pleading poverty) had a couple of charges reimbursed, either in full or in part.

 

When I submit my claim I want to make sure that I'm only claiming for charges for which I have not already received a refund - should I send the bank £10 and ask for full copies of statements sent to me, or will these essentially be copies of what I have at home? Or do I need to go through my statements and work out which refunds from my bank tie in with which charges? I'm guessing the latter so I can submit an accurate spreadsheet of outstanding, non-refunded charges.

 

Thanks in advance

Joe

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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if you pay the £10 fee for a DPA request you may not receive copy statements. Some banks seem to send copy statements, others send computer print outs of transactions. Either way, if you have all your statements there already, you have the information you need to ahead. Getting the info from the bank will still mean you have to trawl through the info manually to find the charges.

 

However, a DPA request will be of benefit to you still, because you can ask them give you detials of any manual intervention on the account. It is likely that they will not provide anything, but then you can show a court that you asked, and they had nothing to give you (therefore likely showing their charges are not an accurate reflection of costs).

 

Good luck!

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... a little

Mahala is a powerful thing ...

 

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All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

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Personally I would go through and work out which were refunded and when as it will affect the calculation of charges and interest.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Personally I would try to recover the whole amount.. The bank will tell you quickly enough that they have already reimbursed xxxx amount of charges, then plead ignorance. This shouldn't delay the claim

 

Let them do the work for once.

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Abbey - owed £3260 - Paid up.

 

Barclays owed £2500 - Paid up.

 

Halifax, Mint & Egg - next on the hit list

 

Dont click on the scales - I'm quite proud of my little red dot! - As the little red dot has gone - click away!!!!

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I disagree with previous poster. If you do this, you are giving them the impression that you can't even work out your sums properly. Which means you're one of the easier targets for intimidation and bluff.

 

Do your maths properly, let them know you're in control. Better chance of success.

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I guess you could do that, but if your claim is inaccurate it could go against you at a later stage. Let's face it we are fighting the banks for being unlawful, and this is not entirely honest. Depends on your point of view.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Do your maths properly, let them know you're in control. Better chance of success.

Let's face it we are fighting the banks for being unlawful, and this is not entirely honest.

Agreed - I don't want to be pulled up on a technicality and risk losing my entire claim (probably about £4K I suspect). Besides, victory will be all the sweeter when I know that I've been honest, and still got my money back! Thanks all for advice so far, all useful stuff :)

 

And thanks Mahala - good point getting details of any manual intervention (or lack of) with a DPA request.

 

Will be sending a DPA request of this week and will keep this thread updated.

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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Good luck and welcome by the way.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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RE: parachute bank account. Should I try and get this sorted before I do anything relating to a claim with my bank? I'm about to send off my DPA request letter but wondered if I should wait until I get another bank account sorted before I do this. Bit worried in case just receiving the DPA request prompts them into closing my account!

 

Cheers

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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hi joe

 

i'd get onto it straight away but do send off your dpa stuff now because i dont think any bank has yet to close an account because someone requests their dpa data. Theyve got 40 days max but will probably reply sooner.

its the moneyclaim bit etc that they start getting huffy. some people have received threatening letters calling in overdfafts etc at the request for repayment letter stage. but its just another scare tactic, i mean they cant force you to pay it off if u dont have the money.

 

good luck

kate:)

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Not sure about that, but they could do some serious to your credit rating.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Cheers both, for rapid responses :)

Am going to town at lunch to send request off by recorded delivery then. Wouldn't hurt to scope out some banks at the same time too.

 

Joe

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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Calling all\any Mods :)

If I were to ask nicely, is it possible to change my username?

 

EDIT (17th June): Thankyou wonderful mods, both for threadmerge and username change :)

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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Thought I'd start my David v Goliath blog today, though nowt to report as yet.

 

Phoned customer service last week and received 6 years worth of Statements this morning. Worked out that I've had £3483 in charges over last 6 years. First time I've ever looked through my statements and been happy to see charges on there :)

 

Prepared prelim letter ready to send off on Monday to Borehamwood address.

 

DPA letter, sent last week, still not been signed for according to post-office website, though not too surprised as this seems to be a fairly common theme!

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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Good luck with your claim.

 

If you would like to change your username, PM me and let me know what you want it changing to.

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.

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Hey UK Joe, I've just noticed we are from the same neck of the woods. First time I've noticed anyone else from Warwickshire here. Not from a certain Royal Spa town by any chance are you?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hey Caro,

 

I certainly am! From good ole Royal Leamington Spa :). I live in south town (south of the river that is) if you know the place at all (sounds like you do).

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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Born and bred. I am in a village just to the north of the town so probably 10 minutes away. When I started this, there was a survey showing where people are from, which I completed, and the nearest was Birmingham.

 

When we bought our first house (1982), our mortgage was with Nat West and they insisted that we did all our banking with them (hmm wonder if that is allowed now; what's the statute of limitations :rolleyes:), but within about 3 years we moved mortgage and bank accounts. Now my parachute account is with them. Ironic or what?

 

Anyway, nice to meet you, and if you need any help from a fellow Leamingtonian I will do my best.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Nearly 2 weeks after sending my Data Protection Act request letter, and it still hasn't been signed for according to the postoffice website. I've just phoned up the post room at 135 Bishopsgate, who were most helpful. The chap I spoke to tracked down my letter using the recorded delivery code and told me that the letter had been received and passed onto the relevant department within NatWest. I mentioned to him what it was all about, and he wished me best of luck!

 

Bit odd that the letter has been delivered yet no signature was taken - worth taking up with the post office? Maybe I could get my 60pence back from them :p

 

I've also had the standard response with respect to my preliminary letter requesting a refund, so I'll give it another week and send my LBA off.

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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  • 4 weeks later...

I have been somewhat confused about the interest issue (claming back interest on overdraft charges being different from the 8% added on if the case reaches court).

 

My claim is for £3601. I have already sent a preliminary letter and an LBA to the bank for this amount. Using Vampiresses spreadsheet, I worked out that the interest on all these charges (over a 6 year period) was about £650. I had thought that this was the interest I would add on if the case reached court, and so hadn't mentioned in these two letters. I now realise (correctly?) that I can claim this overdraft interest back with my initial claim, and then add on a further 8% when it reaches court.

 

Should I begin the whole process again, sending the preliminary letter and LBA back to NatWest with the revised figure or £3601 + £650, or is it ok to begin my moneyclaim case with the new amount?

 

Apologies if this is confusing, but its confused me!

 

Cheers!

Joe

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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  • 2 weeks later...

Quick question re: Moneyclaim

 

I'm preparing to submit a claim via the moneyclaimgov.uk website later this week. I notice in the step-by-step guide, it advises to submit a summary of charges with the claim.

 

At the moment, I have used Vampiresses spreadsheets (the easy one!) to calculate the total of all my charges, plus the 8% to be added on when I begin the court claim. Is it ok to submit my excel spreadsheet as a summary of all my charges, or should I use an alternative format?

 

Any advice gratefully received!

Cheers

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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Ah, thank you!

 

The bank already have several printed copies of my summary of charges anyway. Just have to wait and see how far they want to take it once I begin my moneyclaim.

 

Cheers again

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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Well payday has arrived which means I now have the funds to begin my moneyclaim. Not being the articulate sort, I've half-inched the text for my particulars from various other threads. I've been reading through the various acts quoted in the details below (quite eye opening) in order that I don't get caught out on a technicality.

 

My particulars of claim:

Claimant has account (Account number: XXXXXXXX) with Defendant from September 1993 conducted on their standard terms and conditions. Claimant is claiming the return of £3629 taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 07/11/2000 to 04/08/2006 of £649 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.80

 

I would be grateful for any comments, suggestions or criticisms of the above :)

In the meantime, I'm going to read through the various acts quoted again, and carry on reading the forums.

 

Thanks in advance!

My original 2006 claim - Victorious!

13/06/2006 - Sent Data Protection Act Request (NatWest), recorded delivery.

19/06/2006 - Sent preliminary letter, requesting £3483

17/07/2006 - Sent LBA for revised figure of £3601 (after finally managing to open a parachute account with Lloyds TSB!)

07/08/2006 - Filed Moneyclaim for £4401

11/09/2006 - Defence received from Cobbetts

25/09/2006 - Sent AQ to court and CPR18 response to Cobbetts

30/09/2006 - AQ due at court

25/10/2006 - *WON* Cheque for full amount received from Cobbetts

 

"Things are made of littler things that jiggle"

- Richard Feynman

 

 

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'Claimant has account (Account number: XXXXXXXX)'

 

Change 1: add your sort code as well to save Cobbett's pretending they don't know anything about you, or your account

 

'with Defendant from September 1993 conducted on their standard terms and conditions. Claimant is claiming the return of £3629 taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.'

 

'In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. '

 

Change 2: add something like: Defendant has declined justification of charges despite written requests.

 

'The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 07/11/2000 to 04/08/2006 of £649 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.80'

 

Apart from those two suggested changes, it's exactly the same as mine - which has worked out fine.

 

Do your MCOL over the weekend and it will be issued by the Court on Monday. Good luck!

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