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achuaran

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  1. achuaran

    Diamond v MBNA

    Received final cheque for £224.00 today. Everything now repaid by MBNA. Very many thanks to all who have helped me.
  2. Well, finally made it to court with Clydesdale Bank. When my case was called,their solicitior said that she had been told this morning that a cheque for £460.00 (the full amount) had been raised today. The Sheriff was excellent. She asked if I was happy with this and said if I did not have cleared funds within 14 days then I should come back to court. Just waiting for the cheque now, but I can't thank the people on this site enough for all their help - especially George MCM and Stevokenevo. I originally started out with 7 separate S.A.R - (Subject Access Request)'s and so far I've been successful with four of them. To anyone who is just starting out, read everything you can on here, stick to your deadlines, keep copies of everything and don't give up - you WILL win. Donation to CAG is a foregone conclusion.
  3. Will do, just keeping my fingers crossed that they don't show on Friday, but in case they do is there anything I need to take other than statements, letters, particulars of claim etc.?
  4. It looks like it's now a similar scenario for me. Spoke to the clerk at court today only to be told CB had filed their defence, but as the court has a backlog they didn't know about this when I 'phoned last week. CB say they will appear at court so I'll need to go on Thursday.
  5. Many thanks again. I was on the Govan Law Centre site and they seem to be saying that if the defender doesn't put in a defence then I can claim expenses at the Summary Cause scale rate. I've pasted it below, but wonder if I'm reading this incorrectly. The rules on expenses in Scotland can be complicated, for example, if a bank does not defend a small claims action (or having stated a defence does not proceed with it) then the protection of the restricted small claims expenses (eg. no expenses if the claim is under £200, or a maximum of £75 for claims over that figure and up to £750) does not apply in terms of Small Claim Rule 21.6 (available here: http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/ssi2002/20020133.htm#IDA2ROLD). Instead in that scenario the pursuer (eg. you) are entitled to claim expenses on the Summary Cause Scale. How much can I recover? Here is an example: your raise an undefended claim for £49.99, if after the Return Date no response form has been received by the court you can Minute for Decree in terms of Small Claims Rule 8.1 - you must Minute in Form 11
  6. A wee update. CB didn't put in a defence by due date - 7th June - and court says I should now complete Form 11. I've had a look at this and it seems to be a form of 'minute'. Has anyone else filled in one of these as I'm not too sure what to put on it? Also posted this on the Scotland forum so apologies and could someone move it for me. Thanks.
  7. Clydesdale haven't lodged a defence for my Small Claim and court say I should now complete form 11, but I'm not sure what I should put on the form. Can anyone help? Thanks.
  8. achuaran

    Diamond v MBNA

    Received full refund of Mr. A's charges yesterday. Received further cheque for £270 -that makes £300 - interim payment of my charges today, with a promise of the remainder when HBOS forward statements to MBNA. 26/02/2007 - sent S.A.R - (Subject Access Request) for Mr. A 17/05/2007 - full refund - £332.00 26/02/2007 - sent SAR for mine 18/05/2007 - still ongoing but have received £300 so far.
  9. Try this number - 01244 574155 - and if they offer to phone you back say 'no thanks I'll hold on'. They should be able to tell you exactly why they've not responded and if you're not satisfied with the answer you should tell them you're lodging a complaint with the Information Commisioner - and do it.
  10. achuaran

    Diamond v MBNA

    Just a wee update. Had been trying, unsuccessfully, to 'phone MBNA re missing statements on both my own and Mr. A's accounts. Came home today to a message on the answer machine asking Mr. A. to 'phone them on a direct dial number. Thought I'd try and get some info. on my own account first, so telephoned the number and was eventually told that they had 'mistakenly' not requested my statements from HBOS, who my credit card was originally taken out with. However, she could see that during the past five years I had been charged £300.00 in late payment fees, but couldn't tell me how much in over limit fees. She then said that she was sending a cheque tomorrow for £270.00 - they'd already sent me £30.00 GOGW, and that when they received the missing stements they would refund any over limit fees. Mr. A. then spoke to her and was told they had sent him a cheque today for the balance of his charges - £192.00 - he'd already been sent GOGW £130.00 and had received all his statements. From reading the MBNA threads I was, not surprisingly, taken aback but will let you know if she is as good as her word.
  11. Ready to lodge court papers but just want to check something on 'simple' charges spreadsheet. Total charges e.g. - £123.00 Interest - £12.00. 1. Total claimed at date of service £135.00 2. Judicial Interest at current rate of 8% 0.00 3. Total claimed at date of judgement or payment 135.00 Is this correct or should I be putting a figure in at No. 2?
  12. Many thanks for your help. CB's time is up today, so I'll get my court papers ready for Monday. Must be something in the EK air that's making me struggle with the interest!!!
  13. Used the Vampiress Credit Card Simple Calculation. Entered date, amount of charge and left the figure at 8%. When I sent my prelim letter I asked for the total of the charge amounts plus the interest as calculated on the spreadsheet - don't think I should have done this. Anyway, I got a knock back and sent LBA with the same figures. Their deadline to respond is up tomorrow and looks like I'll need to fill in Small Claims forms. So, do I ask for the total of the original charges, plus the interest calculated at 8% - which is going up daily - or do I just ask for the original plus a straight 8% on that amount. Sorry to sound so thick.
  14. Bigmac, it is ok if I pm you. After reading the thread I am unsure about the interest. My claim is against Clydesdale Bank. Their time runs out tomorrow and I don't want to mess up. Thanks.
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