TapasVCap1

[tapas]

Sent them a letter with my statements on the 17th july, no reply

 

So LBA is going out today.

 

Its confusing trying to work out how much interested is owed,

[steven4064]

You can only ever estimate how much interest is owed because you don't have access to the algorythm they use to calculate it. For a credit card, just working out the interest on the charges using a compound interest calculation based on their APR is a good estimate so long as the charges+interest are less than the account balance.

 

If you need help on that, just ask

[tapas]

Right ive had an offer letter of £208 for a £338 claim but with interest would come to over £400, but they got my address wrong:rolleyes: which made the letters cross over so this offer is from my first letter..

There is 7 days left from my last letter 'LBA' should I start court proceedings now or wait the 14 days?

[steven4064]

Wait the 14 days - it would be unreasonable not to. Write and accept the offer as a part setlement only and tell them you intend to carry on (to court if necessary)

[tapas]

Cheers for that info. when I write to them should I include a sheet with interest charges should it go to court? or not play that till /if it goes to court?

[steven4064]

If you mean the 8% section 69 interest, leave that off until you file at court. If you mean interest that they have charged you, then put that in now.

[tapas]

Its the 8% im on about so ill wait for the 14 days.

[tapas]

Right Im filling in a N1 claim form ready for my 14 day deadline, in the red writing below [date when the money became owed to you] what do I put here? is it the first charge they ever charged me?

[enter the daily rate of interest] what % is this??

 

sorry for being dumb but had a hard day at work..

 

 

 

'taken from the N1 template'

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

[steven4064]

Its for each charge. Change to "the claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%."

[tapas]

what goes in the green areas..

Charges £xxx.xx

Overdraft Interest £xxx.xx Is this the 8% as It was a Credit card???

Interest under s.69 County Courts Act 1984 £xxx.xx or is this the 8%

Court Fee £xx.xx

 

TOTAL £ xx.xx

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.

[tapas]

..

[tapas]

right this is what it looks like. is there any bits wrong?

 

 

BRIEF DETAILS OF CLAIM

Money claim for return of penalty charges applied to the Claimants bank account by the Defendant

 

VALUE

Charges £338.00

Interest under s.69 County Courts Act 1984 £106.22

Court Fee £50.00

TOTAL £494.22

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.10 per day OR at such rate and for such periods as the court deems just.

 

 

PARTICULARS OF CLAIM

1. The Claimant had an account XXXX XXXX XXXX XXXX with the Defendant which was opened on or around 2002 closed on or around 2005

 

2. During the period in which the Account was operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999) and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £444.22 and any interest charged thereon;

 

b) Court costs;

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year of £106.22 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

 

I believe that the contents of these particulars of claim are true

[steven4064]

section 5) a) should say " the sum of £338 and interest of £106.22 charged thereon"

[tapas]

Right N1 going in tomorrow morning, do I have to send a spread sheet with the charges or can I use this?

Bank Charges: Reclaim them, they're unlawful. STOP PRESS! Major OFT / Bank announcement....

 

the bank interest calculator on the money saving expert web site

[steven4064]

You need to supply a list of the charges and any interest you are claiming - how yuo produce it doesn't matter.

[tapas]

Cheers for all your help Steven4064,

 

Ive filled in the N1 and made 3 copies of everything and guess what?

Ive just got home and a letter from crap one 'Ellie Renshawin it says they will pay a goodwill payment less the lower rate of £12. I dont want to accept this as I want full payment, but I understand I need to do this right. So the N1 will have to go on hold.

 

In the rejecting offers templates

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Letter 4, last paragraph.

 

If you do not accept my conditions for acceptance, or you do not respond within 10 days, I shall return the payment to you. For the avoidance of doubt, I wish to stress that I do not accept your offer under the terms stated in your letter.

But I have no payment just a letter for conformation of acceptance. It doesn't make sense if I leave it out ??

[steven4064]

Just change it so that it does make sense - you accept it as part settlement only and yuodon't accept their conditins (if any)