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Showing content with the highest reputation on 01/10/06 in all areas

  1. I would advise against using the 8% CCA interest as you are perfectly entitled to use the contractual interest fee which is normally much more (in the case of my Capital One account it is 4 times more). There is some debate about interest being part of the £5000 small claims court limit. I am of the opinion that any interest is outside the amount considered for allocation (so the £5000 limit only applies to charges and DPA cost). I have asked Bankfodder this and am awaiting a reply. The CPR (Civil Procedure Rules) that apply to all County Court Cases states. CPR part 26.8 (2)(b) states. (2) It is for the court to assess the
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  2. Haven't had the chance to get on the forum much lately, but worth bumping for anyone who hasn't seen it yet. Some good posts here. Incidentally in the four months since I first posted this it's worth pointing out that by using this method I haven't paid a penny interest. OK I only have a small credit limit to play with but as originally stated remeber that whatever you owe on your credit card bill you WILL save money in interest this way, and eliminate late payment charges etc. Now trying MAKING a bit of interest - even if you don't have a good credit limit and can only get a basic bank account. I do it using a basic Halifax Easyc
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  3. In the name of fairness (and I know Abbey isn't terribily fair, but we don't want to sink to its level, do we?), it would be best to send a further LBA. Recorded Delivery is a pain in the ar$e. It regularly fails to deliver and what you have now, having used it, is a valid excuse by Abbey that you didn't give sufficient notice. Had you sent by first class, then as with the courts, they would be deemed to have received the notice within 2 working days (someone please correct me if I'm wrong on this point). It's quite academic anyway. The chances of Abbey paying up just because you warn them of impending legal action are slim at bes
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  4. I have seen so many threads since joining the forum about people being harassed, I thought I would start this thread allowing people to understand their rights on reporting harassment. I went to the CAB following significant harassment from Nat West and First National a few years ago – went to court with the backing of the CAB and won. Below is an extract from the CAB handbook and is full of good advice to anyone being harassed – therefore talk to them as they do a damn good job is this area. Thanks CAB:-) Some suggestions When ever a bank calls you or sends threatening letters to you regarding debt – Keep a f
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  5. I’ve noticed that a number of forum members are finding the subject of “interest” confusing. It would be a real shame if anyone was put off claiming money they were rightly owed because of this. So I’ve tried to set out an explanation here which I hope will help some people, particularly any new members who might be finding things getting more complicated than they need. Please understand, I am NO EXPERT. This is just my understanding of the subject and I hope anyone who knows better will criticise or correct as necessary. But, in the hope that it might help, here goes ... … There are two types of interest we are
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  6. As long as they are both in your name (even if 1 is a joint a/c) and together they are less than the £5000 small claims limit.
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  7. I was talking to an ex LLoyds senior banking executive and he was telling me how banks actually almost make you do what they want with services and things that they sell you. He actually told me Smile or even First Direct are good. However didn't sing any praises for Lloyds but i haven't had any problems with them. You could open a couple and see how it goes. However something i learned, LLoyds, RBS, HSBC and a couple of other groups are part of the clearing system so you will find processes will be abit quicker with them especially Lloyds as they own part of the clearing system. So personally i would say lloyds but its up to you. Good L
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  9. If they dont give a copy of the executed agreement with the replacement card then they go into a default situation. They can get out of the default status simply by giving a copy of the signed executed agreement at any time. The problem comes when you realise that they can't profit while in default, now to my mind that means that they can't charge interest, fees etc as long as the default status remains in effect. Lets assume that a credit card is 12 years old and is replaced every 2 years. No credit agreement has been given since the first card was issued. The CC company has now been in default for 10 years. Expenditure on the ca
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  10. Right for some reason it won't let me change it but the above address will take you there. Having arrived click on MCN extra then on new page go to Advice and Tips.
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  11. Guys, please, you're making these things harder than they should be. They have to send to you notification in writing that they are sending a collector to your house, and you can then say 'no thank you' and they then cannot send anyone round...It's your house and your property guys, they can't just say 'we're going to send someone around to your house if you don't pay us!!'...If they do send someone round, you get your mobile and point it at them and say 'I'm now recording you, you are not welcome and from this second your are trespassing, I will prosecute you if you do not leave at once and NEVER return'. You then phone the police (thou
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  12. No, most definately not PJ. That box essentially attempts to issue a CCJ against Capital One, and as much as we'd all like to... What you need to do is send the court handling your claim a brief note stating that the claim as been settled in full out of court, and you would therefore like to cancel it. However - don't do it until the money is in your hands.
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  13. You have already sent a letter under the Consumer credit act sections 77(1) and 78(1) on Monday they go into default and cannot enforce the debt or make a profit whilst in a default situation. Tha CCA is very specific about those points. I assume you sent the CCA letter via recorded delivery so you have proof od delivery and if you look on the Royal Mail website you can even download the signature of who signed for it. Hence no need for another CCA letter or another £1 postal order, although it may be prudent to remind them of their obligations under the CCA when you send the harrasement letter Making payments is not an admission o
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  14. When the Revenue were after me for lots of money (lots of thousands) I simply said to them this: "You have two choices, either wait for me to earn money and I can gradually pay off what you say I owe you, or Bankrupt me and get nothing, because I have nothing of worth... the choice is entirely yours, I'm not bothered either way!" .... of course, this takes a lot of balls... The upshot was after agreeing to pay them a few hundred quid "goodwill gesture" they decided to wait. That was a year ago, have since paid them more, still owe probably 50% of what they originally wanted, but they are STILL waiting. If he has not much to loose
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  15. HI The Data Protection is really just the request for your statements. Thats usually the first step if you are unsure of how much you are owed. We are all entitled under the data protection act to view information on us held by companies etc...
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  16. Hiya Carmel, The system is different in Scotland; there you raise a claim in the Sherriff's court rather than the County Court. If your claim is for under £750 you would issue a "Small Claim". If it's for between £750 and £1,500 you would issue a "Summary Cause". If it's over £1,500 then you'd issue an "Ordinary Cause". I'm not aware of any way of completing it online but if you phone any Scottish Sherrif's court (Edinburgh's is on 0131-2252525) then they will send you a booklet and claim form for whichever category of action is right for you. The booklet's very simple to understand, so don't be put off! Hope this helps -
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  17. You need to go into the Bank Templates Library and load up the spreadsheets section, you will then work out how much they owe you in a table that you need to send in with your PRE LIM and LBA letters but make sure you don't include your 8% interest that you will see on the right hand side of the spreadsheet as this is ONLY used when you go to court. Hope this helps. Just shout if you need more help.
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  18. For those that have looked at their statements and may be wondering, what can i claim for?, and why are the descriptions confusing?, what about the overdraft interest is that claimable aswell? wonder no more. you can claim for anything which is deemed a penalty charge, which includes: returned direct debits, card mis-use, unpaid standing order, unpaid item, exceeding your overdraft, overdraft interest (see below), total charges (see below) notifed fees Unauthorised overdraft arrangement fees (more will be added as and when confirmation is found) you can not claim for: ATM (cash machine) usage (typica
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  19. Actually, nat, that's not the problem: The problem is that the government tend to farm out all their schemes like that to the company who puts in the lowest cost bid, or who happen to be mates with one minister or another. This means that you get shoddy performance dirt cheap, because the idea of paying a reasonable amount for reasonable performance doesn't ever occur to them. It's no better than tax farming, IMO. I don't know who said it, but generally speaking "those people who most desire power are usually those least suited to wield it." The only decent politician I've ever met is Lembit Opik. Still, at least he proves they're not al
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