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sazdeagle

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  1. Thank you for your kind words of wisdom essjaysea, it's been 14 days today since they acknowledged the claim, so another 14 days to go. Probably be the very last day that I recieve the defence eh! If they don't manage the defence in 14 days time can I go on the claim site and order the money back???
  2. Am still waiting for the defence to arrive. In the meantime, has anybody had the bank settle out of court or even lost the battle in court?? Am very nervous still!!!!!!!!!!!
  3. Ok, so I sent the letter as I said I would!! However, the bank must think they're onto a winner as I have recieved a notice today that acknowledgement of service has been filed,and they are putting in a defence for the whole amount, in aaaagghh. All within 9 days!!! What happens now? Should I wait for the defence particulars to come through?
  4. You are a star Karnevil, thank you very much. Will do that today and let you know how I get on. Sandbag and janquinny, you also, thank you!!!
  5. Ha, I notice your silence Karnevil! Have I totally blown any case I had now with the particulars I put???
  6. Between the dates of 28/07/04 and 07/10/06 the Defendant applied numerous default charges to the Claimant’s bank account. 2. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: “A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the cost of the breach. 3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. Referring to the case of 1896, Wilson v Love, a charge is a penalty if it does not reflect an item’s true cost. 4. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amounts to a total sum of £28.18 continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment. 5. The Claimant therefore asks the court to enter judgment in their favour for the sum of £325 plus interest, amounting to a total of £353.18
  7. I used the template given on moneysaving expert site by cut and paste and just entered the amount I was claiming for and the interest. Am trying to paste a copy of this for you now!
  8. Karnevil, what particulars do you need me to give you?
  9. ok, thank you for your posts, not feeling so bad now!! phew!! What should I put in the covering letter to the mcol/bank?
  10. I filed my claim yesterday on the money claim site against the Woolwich for £353 and used a given template which is fine, but I now realise that i didn't include a list of charges nor did I put down my account number. Feeling very sick and stupid about this, what a mistake!!! Can anybody help me or advise me on what I should do now???? Pleeaassseee
  11. Have been sent a letter from The woolwich offering half the amount requested while on holiday and have been given 8 weeks to reply. Haven't been able to send off lba though. Should I still send that now????
  12. Haa, Not very good with spreadsheets, wasn't sure if I had to work out the interest and how I was going to go about it, but seeing as I only re list the charges then that's fine!! Thanks very much for your reply, much appreciated, i'm sure there will loads more questions as the situation goes on, hope you don't mind too much if I come back for some more advice??? Will post my updates so that it may help a few more newcomers answer their questions...
  13. Do I send a schedule of payments and interest this time or just the schedule?? How do I work out the interest as i'm claiming for unpaid dd charges and unpaid s/o?
  14. Hi, good to know there are others out there in the same position!! I am a single parent of two and was told that I owed over £8500 in overpaid tax credits spanning 3 years!! Have appealed and re appealed and now about to send forms, signed by local MP to the Parliamentary Ombudsman. Considering my progress to date i.e. NIL I do not hold out much hope. Overpayment down to their total incompetence and messing around with incorrect details that were correct when I sent them (funny that) and numerous award letters sent out to me on the same day but stated completely different information. Paying back over £30 per month which started even before they even recieved the appeal letter!!! Has anybody got past the Ombudsman stage?? Can anybody tell me what I can look forward to after this???
  15. Phew, good to know i'm along the right path!! Right the LBA, where do I go for that because as it stands they've had a bit longer than 14 days!? Big thanks to both of you for helping me out...
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