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Celicaman

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Everything posted by Celicaman

  1. Skeggs, Having looked thru your POC, i notice your account is from 1992, When do the charges start to apply to your claim, as if any charges are pre 6 years, i think you need to add into it a section about the limitations act as per PM's POC. The bank may have not mentioned it but im sure it wont do any harm putting it in. My business claim HSBC have not mentioned that half of charges were 1 year pre 6 years, so am adding it before they start their defence.( busy on with POC now ) I may steal your letter ref the stay to file with it. Celicaman
  2. Thank you all for the best wishes for my birthday. Loved freakies card, however However had it been the picture of PD on her hols, i think the quote from calender girls would be appropriate ' i think we are going to need considerably bigger buns ' Went out rock/alt/goth clubbing, had a hangover booked for the occasion, which was duly administered LOL. Busy working on POC for this claim, I have all my statements and Summary sheets required for this claim. In the letter from mr Smith hsbc, it states 'i acknowledge the comments you have made relating to your overdraft charges and also recognise the time you have taken to substantiate your claim' then the basic fob off and bog standard bleat on about 'in circumstances where a payment is made etc.............' So basically they backed off trying to state that i cant claim OD interest and the other rubbish they tried out. At least it started out as a personal letter and it acknowledges i know what i can & cant claim. Back to the work. CM
  3. Well had second reply of HSBC, and they are not upping the offer, previous one stands if i want it (not),and usual bleating on about our charges etc ,boring............... so start filling in the N1 POC over the weekend. CM
  4. Hi, Test case does not effect business claims, as noy using UTCCR, im not sure about mortgage claims exactly but i have a stay on a mortgage arrears claim, but working on negotiation to get it settled out of court as its not worth hassle of waiting. I would proceed with filing N1 claim after LBA's have been ignored LOL, there is a good POC on this thread for using as template. The OFT case could take months, or even years if it goes against the banks & went to appeal. Keep reading & learning about POC so you understand the arguments in it before you file it, It does all come together in the brain eventually Celicaman
  5. Just catching up, you guys been on the sanatogen or what LOL. Love the face ( and everything else) lift PD, must have cost a few bob, is that your bank winnings spent.
  6. I prefer your holiday snap. havent been on much, just lurking round, thought i would give freaky a chance to build up his points lol. See even AB has changed avatar.
  7. Help I need saving , help me help me
  8. I think what guidot is saying is that when filing using MCOL, it is a basic claim, you only get 1080 characters and this is not enough to file a correctly worded Business POC compared to filling N1 claim form. MCOL business claim is highly likely to just get caught up with the many personal claims and be stayed. The N1 business POC is much better worded and would have to be read fully by the court. Basically as this is a business claim you are not relying on the UTCCR and it is these that the oft case will be built around, and these do not apply to business claims Celicaman
  9. Hi JM, Dont think i would bother sending them a reminder, its not your problem if they havent turned up, if they had intended to they would have by now. Concentrate on you going to court and getting argument right on the off chance the judge tries or has been asked for a stay. Good luck, im sure you got it covered CM
  10. Its alright for the rest of you, i'll have to pay for them Do the flowers i got last week count, and the red wine ( i drank that LOL) CM
  11. And thats not mindzias on yours, never seen that one before CM
  12. Try this guys, it worked for me. http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls Celicaman
  13. Hi KB, Lattie asked me to pop in. This is for the business claim. What you really need is the summary sheet that the bank sends just before the statements each month. The charges on this sheet appear as 'Total charges' on the statements.Your brother should have these with his statements as with business accounts he must keep all the records for at least 6 years. On there it lists what various charges are for and debit interest charged etc. You cant claim for commission charges, ie a charge for items paid in & out of the account, they are usually around 60p per cheque, Credit paid in, SO & DD payments, there may also be a monthly Fee of £2.50 or £3.00. Also you cant claim for stopped cheque items as this is where you have stopped a cheque. You can claim for overdraft fees, excess overdraft fees and any daily excess fees they charge (usually £4 or £8 per day) On the main statements it will show charges for 'recall charge' 'SO & DD recall' You Can claim these back. 'arrangement fee' this one is for when they allow you to go over your overdraft limit, and usually get a letter saying ' we have agreed to your request for an overdraft' ( you didnt ask for anything, but they use it to get £25 out of you). They try to disguise this as an informal request for an overdraft ! You can claim these back and are usually £25 per time they 'agreed' to your request. There is however a Legit 'Arrangement fee' this is when you have actually asked for a new or higher limit, & these can be a one off charge of £50- £200 upwards, depending on the limit you require and you Cant claim this back. 'Unpaid item' This is where somebody has given you a cheque & it has bounced, you get charged £4 for this and to confirm this , your statement should show the item being taken back out the account & represented again. You cant claim this back. The bank know what charges you can claim back, but you have to prove to them which ones as they arent going to help you. What you need to ask bank for is a full breakdown of all charges applied to the account or copies of the Summary sheets (not statements) then you can work out what to claim back. You will also then be able to work out how much interest on the charges to claim back. (you need statements & summary to worl this out). HSBC will say they dont pay this but they will if you include it in your claim and file at court.(this is not the same as Stat 8% interest applid at court) May be worth your brother going to the bank and asking there, he may have to be persuasive there, maybe read up on the SARS stuff so he can explain that they must supply this information, other than that use the SARS template letters, but he may just get a second set of statements ! Anything else needs clarifying just Ask Celicaman
  14. Skeggsy, Sigs only appear when your post is over a certain size, IE when more text is in it, so like this post now my sig does not appear, You gotta learn to waffle more like me LOL:D CM
  15. Hi JC, presuming this is the LBA & refusal of offer in one, I would use what you have done with the template letter LBA. they are going to ignore it, anyway,like they have mine, just counting days to file. ( live in hope that if i sound like i know what im talking about they will make full offer before refering to solicitors) I would start to read up on business POC's for filling in N1 and then on how to state your case IF/When the judge tries to stay the claim, IE you have to make them realsise that its a business claim not personal and for that reason the court should not stay the claim. JC make sure you research what i say here as it is what i have learned on CAG site, please dont just quote my understandings, read around and understand the arguments, its too easy to copy other posts and use them without understanding the workings ( I know ive done it) A lot to get head around i know, & im still working on it too, I think its called the blind leading the blind LOL. I know what needs to be done, but dont have all the answers as to how, im still reading. Your only couple weeks behind me so lets see how i work it as well Celicaman
  16. Hi MM, yes continue with N1 claim as business claims are not about UTCCR an thats what the case will be based upon. Add in any charges that have been levied since prelim and any others that you have missed. Have you/ are you claiming interest on the charges ( that is the interest that was charged on the charges, not Stat 8%) as well, as now is the time to put that in on N1. The recent halliday vs HBOS case the judge said it was right to claim back the interest charged on the penalties. You then add that to the charges in your claim, then 8% gets added on in your claim N1 is just a longer version of MCOL. It gives you any amount of space to state your claim. MCOL only allows 1080 characters over 24 lines (not enough). There are templates and photoman i think has them on his thread http://www.consumeractiongroup.co.uk/forum/general/68191-claiming-business-account-lets.html and also some POC's somewhere by peteranderson were looking good Small claims are usually claims below £5k yes,anything above that goes into fast or multitrack, but you can ask at court for it still to be allocated to small claims because of the type of claim its for. Celicaman
  17. Hi FL, we love borrowdale valley just outside of keswick, littlle place called Rosthwaite. Gorgeous, nice walks & a good pub CM
  18. Who told you you dont need any paperwork, ring the court & ask them to confirm. I would take basic stuff anyway in case, IE copies of summary charges sheet, etc. Make sure Judge knows it is for a business claim if they try to stay claim. Business Claims are not same as personal claims as we dont rely on the UTCCR so claims will not be effected by OFT claim as that is what they are using to fight the charges. If not already allocated to small claims, ask judge to allocate to small claims Celicaman
  19. Actually its Black. Sex on wheels is what i call it lol I didnt know you were a speed freak Lattie remember once in my younger days on my Motorbike (Kawasaki 1100cc) doing 110mph on the country roads leading into a village, i slowed right down for a 90 degrees bend (and the fact it was a 30 mph village) as i was coming out of the corner i saw the police with the old hair drier, Knicked me for doing 45mph in the 30. I thought oh well its a fair cop, could have thrown book at me before the village, oh well such is life Hope this bit sunshine dries your garden up lattie CM
  20. Ok Bud and you, you not got a home to go to havent been on here too much lately, but im here somewhere. Was supposed to be away camping for weekend but Wolfcat wasnt too well, so maybe next weekend. Not been away for months, usually get away every other weekend in summer if i can, we go to the Lakes only 2 hours drive, i love it. After stess of tuesday could have done with weekend away from it all CM
  21. Hi Try this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html#post956700 only goes back to 2002, but maybe will do as they will be for before they started changes Celicaman Dont forget to click freakyleakys scales if ive helped
  22. Hey JC, I got same sort of reply from Mr patel at HSBC, offered under half and said they didnt pay OD interest on charges ( Funny thing that, in Halliday vs HBOS the judge said you can claim it ) and some other rubbish about oft report ( from business prelim letter)was only for credit cards, (wrong again !) and did not cover business claims, well actually they just said other banking and were not specific about any type of banking , personal or business. I sent my nice reply back to him, educating him in his wrongful beliefs & telling him to stuff his offer Photoman & peteranderson are doing some good stuff on Business POC for filing claim in this thread http://www.consumeractiongroup.co.uk/forum/general/68191-claiming-business-account-lets.html Its your choice about accepting, its your money theyve unlawfully took. Read up & decide, i dont think they have a leg to stand on, and DG not yet stepped in a court yet. Good luck Celicaman
  23. Celicaman

    ABBEY BANK

    Put £25 in cash on a table, take picture, then remove money, take second picture, this is evidence of what happened to your money in the bank Celicaman
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